PROBLEMS OF THE LEGAL REGIME OF PROPERTY OF STATE AND MUNICIPAL EDUCATIONAL INSTITUTIONS

Abstract

The article, taking into account the provisions of the Law of Ukraine “On the Features of Regulation of the Activities of Legal Entities of Certain Organizational and Legal Forms in the Transitional Period and Associations of Legal Entities” and recent amendments to the legislation on education, examines the legal regime of property of state and municipal educational institutions of various levels.

Attention is drawn to the uncertainty in the Law of Ukraine “On Education” of the rights on which property belongs to educational institutions and institutions, organizations and enterprises of the education system.

It is emphasized that the transfer of state or municipal property to state or municipal institutions on the right of usufruct of state or municipal property or on another property right to someone else’s property, provided for by law, applies only to institutions of higher education, vocational education and professional pre-higher education. In relation to other types of educational institutions, the construction “on the rights determined by legislation” used in the Law of Ukraine “On Education” applies.

There are differences in the legal regulation of sources of own revenues of educational institutions and in determining the directions of their use.

The provisions of the Law of Ukraine “On Vocational Education” regarding the transfer of a vocational education institution to management are subjected to critical analysis.

Based on the results of the study, proposals are substantiated to improve the norms of the basic Law of Ukraine “On Education” and bring the provisions of special laws on education into line with it with the maximum, as far as possible, unification of norms regarding the legal regime of the property of the specified educational institutions of all levels (preschool, out-of-school, general secondary, vocational, professional pre-higher, higher), since the establishment of different legal regimes of property in the laws, the norms of which regulate the activities of state and municipal educational institutions, may have as its negative consequence manifestations of discrimination both of educational institutions of different levels and different forms of ownership, and their scientific, pedagogical, scientific and pedagogical employees, as well as other persons involved in the educational process.

The need to clarify the provisions of special laws on education regarding: a) the rights on which property may be transferred or assigned to state and municipal educational institutions, b) the sources of formation of property of state and municipal educational institutions of all levels, c) the legal title of own revenues and directions of their use by state and municipal educational institutions, d) cooperation of state and municipal educational institutions with a private investor is noted.