LICENSING OF EDUCATIONAL ACTIVITIES AS A MECHANISM FOR QUALITY ASSURANCE OF HIGHER EDUCATION
Authors:   Postgraduate Student, Institute of Higher Education of the National Academy of Pedagogical Sciences of Ukraine, SYCH Olexandr 
Published: January 2021

The specific feature and at the same time the problem of formation of a holistic system of quality assurance of higher education in Ukraine is that the impe- tus for its formation was the adoption of the Law of Ukraine “On Higher Education” in 2014, in which all existing instruments of quality assurance of higher education were grouped for the first time within one integrated system, consisting of two subsystems – external and internal, each of which has its own list of mechanisms, tools, ways to ensure the quality of higher education, etc. Thus, the system and mechanisms for ensuring the quali- ty of higher education began to be formed and applied in practice without their prior scientific understanding and justification. Therefore, today the practice of their application is quite ambiguous and often contradictory, which does not contribute to neither a calm movement towards the gradual improvement of the quality of higher educa- tion, nor the effective spending of public funds during the development of this system. Therefore, each of these subsystems, including their components, requires its own research, understanding and justification in order to optimize all procedures, their coordination and balancing with each other, to avoid duplication and unnecessary “paperwork”. Thus, in particular, the external quality assurance system of higher education includes such a tool as licens- ing of educational activities in the field of higher education, which has undergone conceptual changes three times since 2014, which hinders both the solution of many problems by means of using this tool of quality assurance of higher education and effective operation of this tool in the market of educational services. The purpose of this article is to try to scientifically understand the mechanism of licensing of educational activi- ties in the field of higher education as one of the external tools to ensure the quality of higher education, including its components, and to make sound proposals for its further improvement. Research methods. The author used such methods of scientific cognition as general philosophical (universal), historical and logical methods, analysis and synthesis, induction and deduction, abstraction, generalization, analogy and others. The main results of the study. 1. Licensing of educational activities in the field of higher education is one of the most important tools of the system of external quality assurance of higher education and a mechanism for im- plementing state policy aimed at ensuring the ability of legal entities to provide educational services in higher education. The state is directly responsible to applicants, employers and society for the development of effective regulatory policy in terms of licensing, for the development and continuous improvement of licensing conditions, for the proper organization and continuous operation of the licensing mechanism (objective and fair compliance with licensors, licensing, licenses, impartial and systematic verification of compliance with licensing conditions by each of the participants in the market of educational ser- vices, uncompromising revocation of licenses provided that the fact of non-compliance of free economic conditions with the license conditions). 2. Stability of public relations is one of the important principles of public peace and the formation of trust in the state. Therefore, the state, which is responsible to educa- tion seekers and society for the proper functioning of the market of educational services in higher education and guarantees the ability of its licensed establishments of higher education to carry out relevant activities at the appropriate level, has no moral right to conceptually change the licensing mechanism three times. It is ineffi- cient, impractical and irresponsible. Thus, in particular, only at the level of laws of Ukraine (not to mention the level of Government resolutions and orders of the Ministry of Education and Science of Ukraine), the following con- ceptual changes took place: 1)	term licenses issued for a period of 10 years were recognized by the legislator as indefinite without any transitional, balanced and compensatory mechanisms, which cannot be called a balanced state policy, taking into account previous experience in issuing licenses; 2)	the licensing mechanism, which was issued specifi- cally for the field of higher education, was replaced by another - common to all types of economic activities (and these different mechanisms were in conflict for some time and “worked” at the same time); 3)	the term of the applicant’s compliance with the li- cense conditions before the license was issued was signif- icantly reduced (from two months to 10 days) and the on- site inspections (directly to the establishment of education) were replaced by only a “paper” inspection. In addition, the inspection by “experts” was replaced by an inspection by “civil servants”. All this, taking into account the level of dishonesty in society, did not strengthen the responsibil- ity of the state to society for admission to the market of educational services in higher education (especially new ones), which really meet all licensing conditions and are able to provide services in higher education; 4)	licensing “by specialty” (for example, “choreogra- phy” or “law”) has been replaced by licensing “at the level” (for example, a bachelor’s or master’s degree). Such a “simplification” of the licensing procedure for establishments of higher education actually eliminates any responsibility of the state to society for the ability of establishments of higher education to carry out educational activities in the relevant specialties, the list of which is approved by the Government. Scientific novelty of the research results. 1. The mechanism of licensing of educational activities in the field of higher education is considered through the prism (at an angle) of state responsibility for the quality of higher education to society, students and employers and as one of the most effective tools for public policy in higher education. Erroneousness and ineffectiveness of public policy was demonstrated, if it is not based on previous research. Conclusions and the author’s specific suggestions. 1. The quality assurance system of higher education should be the subject of in-depth and serious research, and any legislative changes should be based on the sound results of such research. Science must anticipate legislative change, and managers must base their policy decisions on scientifically sound data. 2.	Improvement of the licensing mechanism should be carried out in the direction of delimitation of functions of formation of the state policy and its realization. That is, those who create the “rules of the game” do not have to follow them later, because in this case there is a real conflict of interest. The state, represented by the Ministry of Education and Science, cannot be both a regulator of the market of educational services, the founder of the vast majority of participants in this market (state establish- ments of higher education and research institutions) and a “guarantor of the ability” of all, including state-approved licensing terms. This approach cannot be considered balanced with regard to the responsibility of the state and universities for the quality of higher education. Under such conditions, everyone loses – education seekers, employers, society and the state itself. 3.	Licensing should be subject to the specialty for which the establishment of education plans to provide educational services, not the level of education. The license for educational activities should be indefinite, but again – for the specialty, not for the level of education. 4.	The quality of higher education cannot be ensured without the fulfillment by establishments of higher educa- tion of the minimum requirements – licensing conditions established by the state and which are the start and foundation of quality assurance. The compliance of an establishment of education with the licensing conditions must be controlled by the consumers of educational ser- vices and the state, and any non-compliance must quickly and inevitably lead to the deprivation of such an estab- lishment of the relevant license in the relevant specialty. Compliance with licensing conditions is the foundation for the formation of an internal system to ensure the quality of educational activities and the quality of higher education and should guarantee education a safe environment (namely in terms of sanitation, fire and environmental safety, no psychological danger, including bullying, etc.) from qualified teaching staff with appropriate educational and professional qualifications, availability of informa- tional support (powerful library fund, including digital, free internet access, advisory support for teachers, etc.), availability and security of infrastructure facilities that can provide, stimulate and maintain a healthy lifestyle in the younger generations. That is, the licensing conditions should include those requirements of the state that make the stay in the establishment of education safe, comfortable and one that promotes and stimulates the acquisition of quality higher education of a certain level and specialty. These requirements also need to be reviewed from time to time, as both universities and society evolve, and what is now considered to be the standard may not be the norm in a few years and requires a proper response from the state and establishments of higher education. At the same time, the improvement of licensing conditions should not lead to the need for establishments of higher education to obtain new perpetual licenses, but each establishment must constantly ensure its compliance with the licensing conditions (taking into account all changes).