ADMINISTRATIVE AND LEGAL STATUS OF PEDAGOGICAL, SCIENTIFIC-PEDAGOGICAL AND SCIENTIFIC WORKERS AS PARTICIPANTS OF EDUCATIONAL PROCESS ACCORDING TO THE LAW OF UKRAINE “ON EDUCATION”

Abstract

The article analyzes the general provisions concerning the administrative and legal status of pedagogical, scientific-pedagogical and scientific workers as participants in the educational process in the Law of Ukraine “On Education”. The etymology and meaning of the word “status”, as well as the content of the category «legal status» on the basis of legal educational, scientific, journalistic, reference books, are researched. The essence of the concept «administrative-legal status» is analyzed. The correlation of the administrative-legal status with administrative capacity and administrative personality is clarified and it is substantiated that these concepts are interdependent, close in the sphere of application, but are not identical. The positions of scientists-representatives of the administrative-legal science concerning the constituent elements of the administrative-legal status are researched. It is suggested to assume that the administrative and legal status of pedagogical, scientific, pedagogical and scientific workers is the legal status of such subjects as participants in the educational process in the field of public administration regulated by the norms of administrative law. Taking into account the diversity of views of academic administrators on the elements of the administrative and legal status of a person, it is noted that the legislation includes such rights, duties and guarantees of pedagogical, scientific and pedagogical and scientific workers, in connection with which the list of such rights is given, duties and guarantees of activity of pedagogical, scientific-pedagogical and scientific workers according to the Law of Ukraine «On education». It is determined that the essence of rights in the structure of administrative-legal status consists in the fact that these are formally defined and legally guaranteed opportunities to use social goods and to realize subjective interests, that is, legally secured legal possibilities of person’s behavior. For legal obligations as established and guaranteed by the state requirements for human behavior, include an officially fixed measure of necessary activities in the interests of the party to which the subjective right belongs. The guarantees of the activity of pedagogical, scientific and pedagogical and scientific workers are at the same time an element of their legal status, and a means of effective implementation of their powers.