scholarly journals Academic Freedom and Individual Right to Development (To Formation and Exchange of the World of Ideas)

2019 ◽  
pp. 6-26
Author(s):  
Mykhailo Savchyn

The state of academic freedoms in Ukraine has been influenced by prolonged stay of a significant part of Ukrainian lands within the Russian Empire and Soviet Union with alien rules and procedures to Ukrainian legal tradition. This post-colonial state with academic freedoms is also associated with a long-term ideological dictatorship in scientific researches. Academic freedom will be revealed in the context of modern constitutionalism as a continuum of creating and exchanging images, ideas, concepts, theories, and doctrines. In accordance with the principles of the rule of law and proportionality, the essential content, the structural elements of academic freedom and the degree of state interference in its enforcement are determined. There is a moral justification for human dignity as a self-sufficient value which is crucial to the interpretation of fundamental freedoms, including such a component of dignity as academic freedom. The rationing of academic freedom at the constitutional level has only a framework character through the fundamental principles of law, which determine the parameters of individual academic freedom, freedom of scientific activity and university autonomy. Their realization is carried out by exchanging and discussing ideas, theories, and doctrines and providing competition between them while exchanging socially significant information, which is the source of the dynamics of the development of academic freedoms. It has been revealed the role of the academic environment and competition in the market of ideas, theories and doctrines in the deepening and development of academic freedoms. In the light of this, the main positive obligations of the state are determined to facilitate the exercise of academic freedoms. In the light of this it has been identified the basic positive obligations of the state in order to assist in the implementation of academic freedom. The positive obligations of the state in the field of academic freedom include: supporting the infrastructure of higher schools, universities and scientific institutions; adequate budget funding for these institutions; control over the quality of training programs by their accreditation; facilitating introduction of innovations into educational process and implementation of research results. An important part of this process is respect for the dignity of the person who has the right to free development of his/her personality, protection of the results of his/her scientific research, provided by proper legal guarantees.

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].


2019 ◽  
pp. 138-146
Author(s):  
P. Zakharchenko

The approaches to the category "History of Ukrainian Law" are analyzed, its author definition and periodization in the historical dimension is proposed. Doctrinal approach of the Department of History of Law and State of the law Faculty of Taras Shevchenko National University of Kyiv is defined, which consists in recognition of the right of law before the State Institute. In our opinion, with the advent of the state, history of law appears as a history of national legislation in its relationship and interdependence with the state's regulatory activities – its administrative and judicial institutions, organization and activities of the army, police, and punitive agencies etc. The author indicates that the story is indicative that society can develop steadily in the coordinate of the environment, and the function of the instrument of the Zaman environment executes the right. The porpose of article is reserchirg the history of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification It is alleged that for the first time the definition of "history of Ukrainian Law" is not implemented in Ukraine but beyond its borders. The galaxy of lawyers, and among them and historians of law, after the defeat of the Ukrainian Revolution of 1917 – 1921, were forced to leave the motherland and settle in the neighboring countries of Eastern Europe. A textbook of such name appeared in the conditions of Ukrainian emigration in the early 1920-ies. This primacy belongs to several researchers of the Ukrainian diaspora, who, with no historical, historical, legal sources and archival materials, have remained in the absolute majority in the libraries and archival funds of Soviet Ukraine. However, in these conditions they were able to lay the foundations for the formation of the appropriate field of scientific knowledge. It is noted that the successor of the traditions preserved in the diaspora can be called the Department of the History of law and State of the law Faculty of Taras Shevchenko Kyiv University, whose members for many years advocate not only the name of the educational The subject "History of Ukrainian Law", but also prove its genetic connection with the right of the Rus state, other national state formations of the later period. A few manuals on the history of Ukrainian law came from the pen of the lecturers. Special emphasis was made on the works of Alexander Shevchenko, who became the author of several textbooks and manuals that are still widely used in the educational process of law faculties in Ukraine. In one of them, O. Shevchenko actualized The problem of periodization of Ukrainian law, where the main criterion was determined by the evolution of the sources of law. In these positions is the author of the proposed publication. In the final part of the work emphasized the examples in the differences in the evolution, essence and content of the Ukrainian law from the Russian.


Author(s):  
Tetiana Motuz

The article analyzes the phenomenon of academic freedom of teachers in the context of democratization of the educational process. It is proved that the academic freedom of the general secondary school teacher is the basic principle of modern educational reform in Ukraine. Academic freedom of the teacher implies freedom and independence in the issues of teaching, research, education (advanced training). It is substantiated that the intensification of the implementation of the principles of academic freedom in the practice of teacher work is connected with the processes of the bureaucratization of national education (2014 – present), as well as the implementation of the Concept of the New Ukrainian School (2016). Among the key components of the New Ukrainian School is a motivated teacher who «has the freedom of creativity and develops professionally». The concept also emphasizes the interconnection of academic freedom of the teacher with real institution autonomy and decentralization of management, and the New Ukrainian School can be successful in effectively combining these two components. An important direction of the state policy on ensuring the freedom of professional activity of teachers, democratization of the management of the educational process was the process of debureaucratization, which began in 2014 and envisaged the release of pedagogical staff from reporting, not stipulated by the legislation, as well as the ability to independently choose information resources, materials, materials teaching. In exercising the teacher’s right to academic freedom, there is a possible conflict of interest that arises between the individual teacher and the general staff of the educational institution, whose rights are exercised through a self-governing body – the pedagogical council. The resolution of the conflict between the right of the institution of education to academic autonomy and the right of the teacher to academic freedom depends on socio-political, economic factors, but, as a rule, public, collective interest prevails.


Author(s):  
Volodymyr Bugrii

On the basis of archival sources material, financial and household factors are characterized. They formed the conditions for the research work of teachers of the departments of history of pedagogical institutes of Ukraine. The state of providing the scientific literature of historical offices and libraries is revealed. It was found that the proper conditions for work in the history rooms and libraries of pedagogical institutes were created only at the Kyiv Pedagogical Institute. In provincial pedagogical institutes, the situation with the scientific literature seemed much worse. To overcome the problems with the scientific literature, the state began to allocate some funds for the purchase of domestic and foreign publications. The level of funding for scientific activities has been clarified. It is established that the focus of attention of the Directorate of the Pedagogical Institutes of Ukraine was primarily the educational process and work on the restoration of the destroyed material base. Funds for business trips were not enough. Funds were not enough even to secure approved research plans. The reasons which influenced the budget of time of scientific work of teachers-historians were determined. The major impediments to the scientific work of the teachers of the departments of the history of pedagogical institutes were their heavy workload of teaching and community work. Typographic possibilities for printing the results of scientific work are investigated. Most pedagogical institutes were found to lack their own printing facilities. Delay with the printing of monographs, articles, abstracts meant the transfer of dissertations to a later date. The pathetic material status of teachers of pedagogical institutes also had a negative impact on scientific activity. There were no laboratories for the study of history, archeology, and ethnography in pedagogical institutes. This reduced the level of research and prevented the strengthening of the material base. The departments of history of pedagogical institutes and self-calculated researches were not conducted. The conducted research helps to form an understanding of the conditions of development of historical science in pedagogical institutes.


2020 ◽  
Vol 8 (1) ◽  
Author(s):  
Maxim Krot

This article publishes a note by Prince P. D. Svyatopolk-Mirsky, governorgeneral of Vilna, Kovno, and Grodno between 1902 and 1904. The note focuses on a key issue of the management of the northwestern outskirts of the Russian Empire, the ban on book publication in Lithuanian printed in the Latin alphabet, which had been in use in the region since 1865. The ban was part of the policy of de-Polonisation and Russification of the northwestern region: implemented after the suppression of the Polish uprising of 1863–1864, it was aimed at protecting the local Lithuanian population from Polish influence. However, by the late nineteenth and early twentieth centuries, it became obvious that the measure had not justified itself, provoking mass discontent of the Lithuanian population, which had previously been completely loyal to the imperial authorities. In Russian political circles, a controversy was unfolding about the future of the Latin alphabet for publications in Lithuanian, some of which is reflected in the document published in the article. Svyatopolk-Mirsky, who had the reputation of a liberal bureaucrat, was an ardent supporter of lifting the ban, seeking to justify his position to Emperor Nicholas II and the top leaders of the empire, i. e. members of the Committee of Ministers and the State Council, on whom the decision was ultimately dependent. Published for the first time, the note is currently stored in the State Archive of the Russian Federation (GARF), fund 1729 (Svyatopolk-Mirsky). The content of the note is much wider than its original task, since it concerns not only the lifting of the ban, but also the need to revise the policies of the imperial authorities in the western periphery as a whole and abolish the a priori repressive and violent methods of its implementation. Also, the note examines the need for cooperation with the local community loyal to the authorities. The study of the source is of considerable interest in the context of analysis of the transformation of the imperial authorities’ policy on the periphery of the empire as they faced the need to establish a dialogue with the local public and find new methods to implement their Russification policy, which was considered impossible to reject at the time. Another significant information layer in the source is the political views and features of modern management practices advocated by Svyatopolk-Mirsky, which he realised in the northwestern region and subsequently tried to transfer to the all-Russian level when serving as minister of internal affairs.


KANT ◽  
2021 ◽  
Vol 38 (1) ◽  
pp. 186-191
Author(s):  
Magomed Abdulkhabirovich Abdulkhabirov

Currently, one of the most important components of scientific activity is the writing and subsequent defense of a candidate's / doctoral dissertation. It is revealed that, despite the rapid digitalization of the educational process in the scientific paradigm of the whole world, including Russia, there is no single digital assessment of the dissertation. The current system of evaluation of a dissertation based on the one-dimensional designation "yes" or "no" does not allow to objectively and impartially determine the scientific value of the dissertation. The author proposed a methodology for evaluating dissertations on a one-hundred-point scale, where the researcher with the highest score on the defense of the dissertation (91-100) would be provided with financial support from the state to continue promising scientific research, while at the same time being an advantage in the competition for his election to the Russian Academy of Sciences. The author is critical of the conditions of the state and prospects of the development of science in Russia, considering it unfair to neglect the system of evaluation in the defense of dissertations, which leads to a constant outflow of young researchers abroad. In the perspective of applying the digital assessment of the dissertation, the support of talented scientists in obtaining high scores in the defense of the dissertation at the local, regional and federal levels is considered.


Author(s):  
I.M. Zharovska

The article focuses on human rights violations during the current pandemic of 2020. The COVID-19 pandemic has demonstrated a number of significant threats, including the right to education and the right to academic freedom of education at both the primary and higher professional levels. Discrimination in this area should be considered a primary shortcoming. In particular, this is due to problems in terms of content, method and fair assessment of the task, and the very real danger that some subjects of the educational process will be disadvantaged due to certain background, indirect phenomena. It is stated that after the COVID-19 pandemic, public authorities will have a new function, namely to be responsible for ensuring the right to education by encouraging schools and institutions to adapt their teaching and learning to new circumstances, supporting them in this matter and developing a framework to support educational services in areas particularly affected by the economic and social pandemic. It has been proved that tolerance of ambiguity, autonomous learning skills and analytical and critical thinking are some of the competencies in the model that can help students adapt to the uncertainties of current and future crises constructively and innovatively, avoiding pitfalls and radicalization, leading to violence or authoritarianism. Unused opportunities also play an important role. The information society on children's digital lives over the last decade has focused primarily on their safety and security in the digital environment, rather than to expand their capabilities through education or the acquisition of competencies for active participation in the digital society.


Author(s):  
Tetyana Kuchai ◽  
Olexander Kuchai

The article deals with the problems of inclusive education in higher education institutions. Inclusive education is the basis and the most effective form of qualitative education for people with special needs. An important component of the inclusive approach is psychological and pedagogical provision of inclusive education in the HEI as an organized system aimed at the development of all components of the personal potential of the subjects of the educational process, regardless of their capabilities: reflexive, cognitive, and activity. The state policy and policy of the Higher School for the Development of Inclusive Education should be aimed not only at motivating people with disabilities to higher education, but also to consider the factors of the social environment and their impact on the development of higher education in general. So, developing an inclusive educational environment, is acquired by students who have a serious motivation for vocational training, their potential capabilities and abilities are often higher than the average student. As a result, after a long time the state receives not just a qualified specialist, but, above all, a motivated professional. In the conditions of the demographic decline of certain periods of development of society, when the HEI attracts a large number of students, including the so-called unpopular specialties. Inclusive education has a broad social dimension, since not only the higher school should be inclusive, but our society, with the support of the state, business and public organizations, should be inclusive. Inclusive education, being one of the main forms of realization of the right to education for persons with disabilities, should become a legally-established institution that has all the necessary components, from the preparation of the complete package of regulatory documents, the definition of norms and principles of appropriate funding, mechanisms for the creation of special conditions and principles of adaptation of the educational environment for students with special educational needs


2020 ◽  
Vol 11 (11) ◽  
pp. 63-69
Author(s):  
Melnychuk O. F.

The article outlines the status and importance of scientific research and legislative regulation of academic freedom. It is pointed out that academic freedom in the national constitutional and legal doctrine has been studied very insufficiently due to some destructive factors, including inertia and conservatism of the post-Soviet centralized system of educational management, closed academic environment, long-term lack of standardization of academic freedom in the Ukraine’s legislation, superficial comprehension of the academic freedom as a value in the academic environment and in Ukrainian society in general, etc. The absence in the Constitution of Ukraine as well as in most of the constitutions of foreign countries of a separate article proclaiming academic freedom does not contribute to the development of the theory of academic freedom. In this regard, disclosure of the essence of academic freedom is possible through a systematic interpretation of certain constitutional norms. Some activation of the scientific research began when the educational reforms were implemented in Ukraine, especially the Law of Ukraine “On Higher Education”, which provided the basis for modernization of the educational legislation and legalized the concept of academic freedom, was adopted. The development of the right to academic freedom in Ukraine is facilitated both by law-making activity, which is based on updating the educational legislation, as well as generating and disseminating scientific ideas on this issue in the constitutional and legal doctrine in the direction of ensuring pluralism of thoughts. Today, the concept, essence and content of academic freedom are interpreted by scholars differently. Each of them contributes to the development of the concept of academic freedom. The concepts, components and content of academic freedom are highlighted. Academic freedom is not permissiveness, but rather a choice of behavior and personal responsibility for the result. It is non-absolute and has its objective and subjective limits. However, any restrictions are justified only in order to ensure the adequate recognition and respect of the rights and freedoms of others, satisfaction of the just requirements of morality, public order and general well-being in a democratic society. The author’s definition of the right to academic freedom as a legally guaranteed opportunity for the participants of the educational process to carry out scientific research, teaching, training freely, without any external interference, taking into account the restrictions established by law is suggested. Key words: academic freedom, freedom of scientific research, freedom of teaching, freedom of learning, right to academic freedom.


PMLA ◽  
2020 ◽  
Vol 135 (5) ◽  
pp. 847-858
Author(s):  
Simon Gikandi

In memory of my beloved mother, Charity Gakure, 1935-2019. Thaayũ. Wherever something stands, something else will stand beside it. Nothing is absolute. —Igbo Proverb I accept Brecht's thesis that in settled periods of history, culture—and literature which is its part, with criticism as its partner—can reflect reality. But that in traumatic times like ours, when reality itself is so distorted as to have become impossible and abnormal, it is the function of all culture, partaking of this abnormality, to be aware of its own sickness. To be aware of the unreality of the unauthenticity of the so called real, is to reinterpret this reality. To reinterpret this reality is to commit oneself to a constant revolutionary assault against it. —Sylvia Wynter, “We Must Learn to Sit Together and Talk about a Little Culture” As I was preparing this address, I struggled with the problem of what Edward Said called beginnings and the complex set of circumstances that they entail: “What must one do to begin? What is special about beginning as an activity or a moment or a place? Can one begin whenever one pleases?” (xv). This challenge can be exacerbated by one's relationship to institutions and their history—in my case, the joy and pain of being both an insider and an outsider, a scholar of Euro-American culture from its margins. And so tonight I find myself in a situation that calls for celebration, but also in a place of uncertainty. I, Simon Gikandi, born in a colonial state of emergency, have had the luck to serve as the 129th president of the Modern Language Association of America. My sense of good fortune is, however, tempered by the reality that the state of emergency that characterized most of the twentieth century, including the circumstances of my own beginnings, has not gone away, as many of us had hoped, but has instead become permanent. Everywhere I go around the world, I keep on hearing echoes of Walter Benjamin's prediction that the state of emergency is “not the exception but the rule” and of his injunction that we must “attain a conception of history that is in keeping with this insight” (257). I find myself in a world where achievement and precarity go hand in hand.


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