scholarly journals Limits of exercising the rights to leasing out property by public institutions of higher education

2020 ◽  
pp. 7-12
Author(s):  
Mykola Moroz

Problem setting. Leasing out property that is involved in educational, academic, training and production, scientific activities by the public institutions of higher education often leads to violation of the rights of other participants in educational activities. They are sure to be a result of violating the limits, established by the current legislation, of exercising the rights to leasing out property by the public institutions of higher educational. Analysis of recent researches and publications. The issues of state property lease have been studied by many scholars. Basic research in this area has been conducted by I. Spasibo-Fatieieva, O. Lipetsker, Ye.Kazarenko, V. Steshenko, M. Pronina, S. Puhinsky, T. Potapenkova, Yu.Basin, D. levenson, N. Khashchivska, N. Milovska and other scientists. Target of research. The aim of the paper is a comprehensive study and analysis of the limits of exercising the rights by the public institutions of higher education to leasing out their own property. To achieve this goal the following tasks should be solved: 1) to define the limits of exercising the rights by the public institutions of higher education to leasing out their own property; 2) to determine the legal consequences of concluding lease agreements by the public higher educational institutions in violation of current legislation. Article’s main body. The article conducts a general study and analysis of the right of the public institutions of higher education to lease property. The author emphasizes that public higher educational institutions have the right to lease out only real estate and other individually identified property. The legal consequences of concluding lease agreements by public higher educational institutions in violation of the current legislation have been studied. Conclusions and prospects for the development. Summarizing the results of the study we can formulate the following conclusions. The public institutions of higher education have the right to lease out real estate and other individually determined property in the manner prescribed by law and subject to statutory restrictions (without the right of redemption and sublease, when it does not worsen the social and living conditions of persons studying or working in the educational institution). While leasing the property, the public higher educational institution realizes primarily their own property interests, at the same time, indirectly realizing the property interests of the state. If the lease agreement of real estate and other individually determined property of higher educational institutions is recognized as invalid, it may be recognized as invalid only for the future.

Author(s):  
Юлія Осипова

The article deals with the features of the distribution of economic rights between customers of basic and applied researches, research and technological development (RTD) and higher educational institutions, as executors of such researches.During the study the author has analyzed general provisions of the Civil Code of Ukraine regarding the distribution of rights to the results of basic and applied researches, research and technological development (RTD) between the customer and the executor of such researches. In addition, the author has analyzed provisions of special legislation regarding the distribution of economic rights to scientific and scientific-technical (applied) results, which are IPR objects.Based on this analysis, it has been found that the distribution of economic rights to IPR objects, which are the results of basic and applied researches, research and technological development (RTD), at the level of «customer — executor of such researches» will depend on: 1) the type IPR objects that will be created and 2) the sources of fundingof such researches. In relation to such IPR objects as inventions, utility models, industrial designs, copyright, layout designs (topographies) of integrated circuits, plant varieties, animal breeds and performances the following options for distribution of economic rights are possible:1) in case of non-budgetary financing of basic and applied researches, research and technological development (RTD) — rights belong jointly to the customer and the higher educational institution-executor of such researches. This may be changed by a contract between the customer and the executor.2) in case of budgetary financing of researches — rights belong to the higher educational institutions-executor of such researches. In addition, the legislator does not provide for the possibility to change the said provision by contractually. At the same time, the customer of such research should be assigned the right to use IPR objects for free.3) in the case of budgetary financing of the researches, while the obtained IPR objects are state secrets or objects obtained under a state defence order — rights belong to the customer of such research. This cannot be changed contractually either;4) in the case of mixed financing (own funds of the higher educational institution and budgetary funds) – rights belong to the party that will be determined contractually by the customer and the executor of the basic and applied researches, research and technological development (RTD).In the case of a scientific discovery, we can only talk about moral rights, namely – the right of attribution. Thus, the indicated object is outside of the scope of the rules regarding the distribution of economic rights.As to phonograms and videograms, the economic rights to these objects will belong to that party to research agreements that will actually “create” those objects. This can be either the customer or the executor of such researches.As to trade secrets, the economic rights will, as a general rule, belong to both the customer and higher educational institution — the executor of basic and applied researches, research and technological development (RTD). In this case, disposing of these rights will be carried out jointly. This can be changed contractually. Also, suggestions to improve the legislation of Ukraine have been made.  


Author(s):  
Yu. Atamanchuk

The article deals with the creation of unified information-educational environment of an educational institution, requirements to it, the organization of the educational process based on it, as well as all its constituent parts presented in an educational institution. A promising field of research of the problem of information technologies usage in students' learning activities can become the experimental study of the beliefs of students, scientific-pedagogical and pedagogical staff of higher education institutions on e-learning tools and their application in the educational environment. Moreover, it is worthwhile to mention that the problem of effective use of modern ICT disciplines is studied by many professors of higher educational institutions. However, its incorrect usage leads to the substitution of the learning objectives. Nowadays it is possible to reduce the educational process in universities not only by knowledge mastering, but also teaching students to learn and apply their new knowledge and information as effective, as it is possible. Numerous theoretical and practical research characteristics of the information technology in the students’ educational process claim that this approach is a response to students’ social demands and needs, since it contributes to the formation of professional competence of future professionals. One of the most important factors that significantly effects the quality of education is the usage of modern information technologies. Modern graduate students should have special professional tools and solve working problems, using information systems. Thus, the introduction of innovative information technologies in higher educational institutions enables future professionals to expand their potential abilities and encourages active learning.


Author(s):  
Mykola Stepanenko

The article describes the humanistic paradigm of Ivan Ziaziun on the harmonious synthesis of art and pedagogy in teacher training. In particular, the philosophical and pedagogical and organizational and managerial ideas of a scientist- philosopher and teacher, a long-time rector of Poltava V. G. Korolenko State Pedagogical Institute have been discovered. Pedagogy of humanity of Academician I.   Ziaziun through the system of professional training in Poltava V. G. Korolenko State Pedagogical Institute – the formation of a person, the formation of a strategy for person’s development and self-development, the basis of which is the value-semantic constituency of a man have been estimated from the diachronic-synchronous positions. A significant feature in the research is given to the ideas of the personal subject-subject and environment approaches to the training of the future teacher, the idea of forming the image of a higher educational institution as a leader of the region, self-management and autonomy of higher education institutions. Moreover, the system of professional training (careful selection and individual work with young people who show a tendency to pedagogical activity) through the establishment (on the initiative and with the direct participation of Ivan Ziaziun) a comprehensive target program «Teacher» (School – teacher – school), and its implementation into schools with the help of introduction of an optional course «Young teacher», with the help of selecting institutions that interviewed university entrants, and recommended those who are capable to study in higher educational institutions. The constituents of Ivan Ziaziun's humanistic conception are presented in the projection on the basis of the continuity of education postulates: formal, nonformal, and informal. In this aspect, the following priorities were determined such as training at Poltava Pedagogical Institute, first of all through the introduction of the special course «Fundamentals of Pedagogical Teaching Excellence», the opening of blended majors, additional qualifications at the Faculty of Public Professions, through the development of informal artistic and educational activities in higher education, which has its contemporary creative sustainable development. Exclusive attention was paid to Poltava Pedagogical Institute as a leader of higher educational institutions during the rectorship of Ivan Ziaziun and the rector himself.


The article analyzes the role of free choice disciplines in the formation of universal or functional competencies, which are also called soft skills. It has been proven that mastering soft skills ensures both personal success in life and professional implementation, as well as further career growth of a modern graduate of a higher educational institution. Based on the analysis of scientific sources, the main approaches to defining the essence and classification of soft skills in the works of both domestic and foreign scientists are determined and characterized. The publication analyzes and summarizes the ways of forming soft skills among students in the practice of higher educational institutions of Ukraine. Among them: the creation of a special educational environment, the restructuring of the educational process, which is dominated by such types of learning as project, problem-based, etc.; variety of forms and methods of teaching; extracurricular system, etc. It has been proven that a cycle of selective disciplines or author's courses plays an important role in ensuring the formation of soft skills. A significant place among them is occupied by the course "Pedagogy of Success", which in the 2020-2021 academic year was chosen by applicants for the first (bachelor's) level of higher education. The course is aimed at increasing the productivity of independent educational work and a positive attitude towards it among students of higher educational institutions, equipping them with strategies of self-esteem, the formation of a positive "I-concept"; effective distribution of time (time management); search, evaluation and information processing; active reading; improved memorization; submitting your own educational achievements; communication, ways to ensure personal work ability, etc.


2019 ◽  
Vol 4 (5) ◽  
pp. 34-38
Author(s):  
Rohit Raja ◽  
Sumati Pathak ◽  
Vaibhav Sharma ◽  
Ramya Laxmi K.

As the fundamental block of the modernised society, Information and Communication Technology (ICT), has brought changes in the principles and procedures of nearly all endeavours in education. The comprehensive changes in (ICT) have evolutionary effect on higher educational institutions on their domains of knowledge application. Hence integration of ICT is of great demand for improving efficiency of such institutions. Reports on researches reveal that the use of ICT makes students more involved in the process of learning than that with the conventional methods of learning. Therefore, it is necessary to concentrate more on implementing ICT in higher education in the view of providing easily available, inexpensive and high quality education. This paper proposes the design of ICT in higher educational institutions. On the other hand, a Sensible Data Mining (SDM) is designed by integrating both the data mining and technology for visualisation in order to apply it on the evaluation system of higher education. A sensible atmosphere can be provided for users using SDM throughout the entire steps involved in evaluation.    


This study has identified the key factors of workplace creativity in the higher educational institution. Previous studies have provided evidence of the positive correlation between the performance level of students and employees. Similarly, past studies have also explained the close association between favorable cultural conditions and workforce performance. One of such cultural conditions is the culture of creativity and innovation. Many institutions are unable to perform due to lack of motivation among employees to exercise creativity in their work, which is the indication of weak cultural manifestation that provides support for creativity and innovation. Current study has identified twelve key visible practices among employees in the higher educational institutions from the past literature. These indicators were employed to factor-out four latent constructs: presence of challenge in job, motivation to take up the challenging tasks, freedom and flexibility in doing job, and availability of enough resources to experiment. Data was collected from 191 employees in eight institutions of higher education in UAE by using creativity scale questionnaire. Exploratory factor analysis was initially employed to verify the structure of the proposed path model, and then relationships between indicators and underlying contracts were tested in the confirmatory factor analysis. Findings show that leadership role is an important element for the development of creative practices among employees, which provokes innovative approach in performing jobs. Employees are motivated in facing the challenges and finding the creative solutions. The study provides valuable information to the leaders in higher educational institutions and policymakers about the importance of the cultural factors which could be used as a criterion identifying presence or absence of workplace creativity and innovation.


Author(s):  
Zulganef Zulganef ◽  
Asfia Murni

This main research goal is to provide a knowledge or information about west java market, especially higher educational institution consumer for foreign higher educational institutions whom have plan to reach Indonesia higher educational market. This research investigated the relations among satisfaction, trust, and intention to persuade student candidate to continue their education to higher education. This research shows that trust has a relationships with intention to persuade, and shows that trust is a consequence of learning process satisfaction and physical evidence satisfaction, but not a consequence of faculty satisafaction. The results shows that students of university would like to persuade students candidates if they are satisfied with learning process and physical evidence, and these satisfactions are the antecendent to trust, so that trust is an antecendent to intention to persuade


Author(s):  
Natalija Sotikova

Intensive competition in contemporary education market makes higher educational institutions choose market focused strategy in order to make their offer outstand their other competitors. Defining the factors of experience development, their impact on satisfaction and loyalty of foreign students would help higher educational institutions to create positive experience for foreign students that would later, thanks to this experience, can become loyal and spread positive information about the higher educational institution. Research of these factors is especially topical for Latvia because one of the main directions for development of the state educational system is integration in international educational system. The objective of research is to study the impact of experience developing factors on forming satisfaction and loyalty in higher education. Survey has been used as a research method, questionnaire covered foreign students in Latvia. Data analysis has been conducted with frequency analysis, calculations of central tendency indicators, correlation analysis and path analysis. As a result, it was found that satisfaction with higher educational institution was mainly formed with its capability to fulfil its obvious functions, that is provide qualitative education corresponding with expectations of foreign students. The analysis of impact of general satisfaction with higher educational institution on loyalty demonstrated very strong positive influence: the higher the satisfaction, the more likely foreign students would consider studies in particular higher educational institution to be useful for other foreign students and advise it.  


Author(s):  
Elena Tokareva ◽  
Olga Malysheva ◽  
Yulia Smirnova ◽  
Larisa Orchakova

Nowadays higher education that does not implement information and communication technologies (ICTs) is inconceivable; this places new demands on the level of qualification of teachers and the development of professional competencies in students. Therefore, the study of the readiness of universities for the introduction of ICTs is a relevant issue. The purpose of the research is to determine the predictors of the readiness of higher educational institutions for the introduction of ICTs. For this purpose, 218 students and 196 teachers of Moscow City University (Russia) were interviewed. The respondents were asked to fill in a specially designed questionnaire that included 40 key questions aimed at assessing the use of ICTs and their impact on student performance. The data analysis involved the following two steps: determining the level of ICT use in the educational process and comparing the indicators of the two groups of respondents - students and teachers. Lack of awareness of students on the introduction of new methods of learning in the educational institution was revealed in the course of the study. Although students and teachers note the steady development of the use of ICT in the educational process, they are not inclined to assess this area as the leading strategic goal of the institution. The primary task of ICT use in higher education is to train teachers and improve their skills. The use of ICT improves the quality of education and competitiveness of higher educational institutions, contributes to the development of professional competencies, but does not have a significant impact on the academic performance of students. Predictors of the use of ICTs in higher education are blended learning focused on the use of online technologies and independent work of students, virtual laboratories, as well as the development of open education and the MOOC system. The development of standardized quality control criteria will ensure the equality of diplomas in online and offline education.


2020 ◽  
Vol 7 (4) ◽  
pp. 70-82
Author(s):  
Elena Klochkova ◽  
Yana Serkina ◽  
Valeriy Prasolov ◽  
Vasily Movchun

The purpose of this article is to analyse the digital economy in higher educational institutions of the EU, the USA and the Russian Federation. The study examines topical issues and directions of higher education transformation, in the context of creating a digital learning environment. A learning process model is designed for a higher educational institution. The model will help to obtain competencies that meet the requirements of a digital economy. There is a need to adapt the education system to changes in the labour market. The activities of educational institutions and public authorities should be coordinated to prepare the optimal number of specialists that will be in demand. Corporate and university education should be integrated. Higher educational institutions should focus on increasing digital and business literacy in students, continuous digital training and retraining of teachers. The research developments are universal in nature and might be applied both as part of managing IT-learning processes of individual educational institutions and in national (regional) practices.


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