Ensuring the right to education under martial law as the basis of educational activity
Authors: Bezkrovniy Y. A. 
Published: June 2024

Legal regulation of education can be defined as a set of legal acts that regulate social relations in the field of education. This area is regulated by both national and international legislation ratified by the Ukrainian authorities. Education is a priority area in Ukraine, according to national legislation, and the education process itself is a continuous process throughout life. One must agree with the eminent scientist who defines this process as stimulating people, allowing them master the necessary knowledge, values, and skills that will contribute to self-realization in personal and professional spheres of life; will be a guarantee for self-improvement and adaptation of a person [1]. In connection with the military aggression of the Russian Federation against Ukraine, on February 24, 2022, a legal regime of martial law was introduced in Ukraine. The Ukrainian educational sector faced serious problems of destabilization of organizational, legal and educational processes. During the war, the authorities concentrate their efforts primarily on creating safe conditions for obtaining higher education, ensuring accessibility and continuity of education in regions of Ukraine with different security situations. The bodies of the legislative and executive authorities in matters of education take all the necessary actions within the framework of their powers so that no person is limited in his constitutional right to education. On March 20, 2022, the Law of Ukraine dated March 15, 2022 No. 2126-IX «On Amendments to Certain Laws of Ukraine Regarding State Guarantees in Conditions of Martial Law, State of Emergency or State of Emergency» entered into force, according to which the Law of Ukraine «On Education» [ 2] was supplemented by a new article 57-1 «State guarantees in the conditions of martial law, state of emergency or state of emergency» [3]. This article defines guarantees for students of education, employees of educational institutions, educational institutions, scientific institutions for: organization of the educational process in remote form or in any other form that is the safest for its participants; preservation of the place of work, average earnings, payment of scholarships and other payments provided for by law; place of residence (boarding house, dormitory, etc.) and provision of food (if necessary). The state’s guarantee of the right to education is of great importance for the development of the individual and society. After all, the effective implementation of this right ensures the satisfaction of human needs in acquiring knowledge, forming abilities, skills, personal qualities and other competencies. The right to education is the basis for the realization of a number of other constitutional rights. It provides a person with a high standard of living, respect and dignity, development of creative abilities, choice of profession, comprehensive and harmonious development, etc. This right is aimed at ensuring the full functioning of state and public institutions, national security, it strengthens stability in society and contributes to the development of a democratic, social and legal state [4].