scholarly journals The Role of Private Law in the Regulation of Educational Relations

2019 ◽  
Vol 12 (5) ◽  
pp. 20
Author(s):  
Elena Vasilievna Kobchikova ◽  
Timofey Grigorievich Makarov

In this article prepared by Kobchikova E.V. and Makarov T.G., the connection between private law with educational relations is considered; it is stated that educational relations are characterized by the presence of public and private components in them. The work gives a detailed description to civil relations in the sphere of education, explores the concept of educational service, and considers the place of an agreement for rendering paid educational services among other service agreements. The authors of the article note that this agreement, just like the majority of civil law contracts, is a bilaterally binding one, i.e., both parties (educational institution and student) are bound with mutual obligations. In accordance with the principles of private law regulations, educational relations are regulated by the parties to the agreement for rendering fee-based educational services, based on the legal equality of the parties. Thus, the subjects of educational relations may create rights and obligations for themselves, as well as to change and terminate them. The authors note that agreements in the sphere of professional education allow students developing independence in learning, thus letting them controlling their educational experience in accordance with their needs and interests. All this points to the significant role of private law in the regulation of educational relations.

Author(s):  
Lisa Waddington

This chapter explores the relationship between disability quota schemes and non-discrimination law in Europe. While at first sight they seem to sit uneasily beside each other, the chapter reveals how, in some instances, quota schemes can serve to facilitate compliance with non-discrimination legislation. At the same time, the chapter explores seeming incompatibilities between the two approaches and considers whether there are differences between common and civil law jurisdictions in this respect. Tentative conclusions suggest that there is a greater willingness to establish quota schemes through legislation in civil law jurisdictions compared to common law jurisdictions, and that quota schemes in civil law jurisdictions are more likely to provide for the imposition of a levy in the case that employers fail to meet their quota obligations through employing the required number of people with disabilities. There also seems to be some indication that there is greater awareness of the potential for conflict or tension, in various forms, between non-discrimination law and quota schemes in common law jurisdictions than in civil law jurisdictions. Finally, the two schemes operating in the common law states are only applicable to the public sector—whilst in civil law states quotas are generally applied to both public and private sector employers. This may indicate different perceptions regarding the role of public sector employers and the legitimacy of imposing quota requirements.


2019 ◽  
Vol 3 (8) ◽  
pp. 87
Author(s):  
Natália De Lacerda Gil ◽  
Carine Ivone Popiolek

No presente artigo, inicialmente, buscamos conhecer a designação e classificação das escolas no Rio Grande do Sul, entre 1897 e 1942, no intuito de historicizar os conceitos de “público” e “privado”. Em seguida pretendemos compreender como se distribuíram as ações de criação e manutenção de escolas entre órgãos públicos e entidades particulares em Porto Alegre no período. Para tanto, mobilizamos aportes teóricos de Reinhart Koselleck e Pierre Bourdieu e assumimos como fontes documentais a legislação, relatórios oficiais apresentados pelo governo do estado e pela municipalidade, além de publicações memorialísticas de uma instituição de ensino particular. Os resultados indicam uma distribuição de atribuições diversa da que consta na legislação atualmente, tanto no que se refere ao papel das instituições públicas e privadas na oferta de educação no município, quanto no entendimento sobre os modos de atender os interesses públicos e privados no período. Assim, a ação das instituições particulares foi considerada como de interesse público por viabilizar a ampliação do atendimento educacional das elites em níveis de ensino nos quais o Estado não tinha planos de atuar. O atendimento da população pobre nesses níveis foi restrito e dependente, em grande medida, da oferta de bolsas de estudos a partir de critérios que não aparecem explicitados na documentação.  ***In the present article, we initially have sought to know the designation and classification of schools in Rio Grande do Sul, between 1897 and 1942, in order to historicize the concepts of "public" and "private". Next, we have intended to understand how the actions of creation and maintenance of schools were distributed among public agencies and private entities in Porto Alegre in the period. For this purpose, we have mobilized theoretical contributions from Reinhart Koselleck and Pierre Bourdieu, and we have taken as documentary sources the legislation, official reports presented by the state government and by the municipality, memorialistical publications of a private educational institution. The results indicate a diverse distribution of attributions from the one that appears in current legislation, both regarding to the role of public and private institutions in the provision of education in the municipality, as well as to the understanding of ways to meet public and private interests in the period. Thus, the action of private institutions was considered as being of public interest once it has enabled the expansion of the educational services of elites at levels of education in which the State had no plans to act. The offer of schooling for the poor population at these levels was restricted and largely dependent on the offer of scholarships based on criteria that were not explicitly stated in the documentation.


2018 ◽  
pp. 9-11
Author(s):  
Anatoly Evgenievich Arkhipov ◽  
Evgeny Alexeevich Grigoriev ◽  
Vyacheslav Dmitrievich Eskov

Modern society is characterized by dynamism of social and cultural interactions in the context of globalization of social and economic processes. According to the authors’ opinion this increases the importance of improving the quality of training, all education, including higher professional education. Improving the competitiveness of higher educational institution may make on the basis of conformity of quality of the educational product to the requirements of actual and potential consumer demand. Globalization and information factors of the interaction of market actors largely determine the necessity of transformation of approaches to formation and functioning of higher education institutions today


Author(s):  
L. Sergeieva

The article presents results of research which is implemented according to the thematic plan of research of the Department of Public Service and Management of the Central Institute of Postgraduate Pedagogical Education of SHES "University of Educational Management on the topic: "Scientific and methodological bases of increasing the efficiency of public-private management of continuous education under the conditions of social transformation in Ukraine" (state registration number № ДР 0116U007183). The author's position is the need to introduce logistics as one of the most successful management mechanisms that enable the synchronization of the educational system`s elements of the educational institution and reduce the risk of ineffective use of educational resources. It is proven that the ideology of changes in the field of vocational education and training are replaced by the consolidated purpose, tasks, development paths and key components of modern vocational education. The components of qualitative vocational education and indicators of competitiveness of educational services are presented.


Author(s):  
Rosa MENTXAKA ELESPE

LABURPENA: Artikuluan modu oso oinarrizkoan aurkezten dira (hartzaile nagusiak zuzenbide-graduko ikasleak baitira) gure aroko lehenengo hiru mendeetako legelari erromatarrek civitates direlakoek trafiko juridikoan gauzatzen zuten jarduerari buruz egindako erreferentziak. Gai aurkeztu ostean (mundu erromatarrean zeuden mota desberdinetako hiri-kokalekuen arteko diferentziak ere azaltzen dira), klasikoen testuak aztertzen dira; horietan, hiri erromatarrei aitortutako ahalmenak aipatzen dira, zuzenbide publikoaren zein pribatuaren esparrukoak. Azterlanetik kanpo geratzen dira epigrafeetan edo legelariak ez zirenen testuetan egindako aipamenak. RESUMEN: El artículo presenta, de una manera muy básica (ya que tiene como principales destinatarios a las y los estudiantes del grado de derecho) algunas de las referencias que encontramos en los escritos de los juristas romanos de los tres primeros siglos de nuestra era a la actuación de las civitates en el tráfico jurídico. Tras una presentación del tema (en la que se explica la diferencia entre los diversos tipos de asentamientos urbanos existentes en el mundo romano) se pasa revista a los textos de los clásicos en los que se mencionan las facultades reconocidas a las ciudades romanas, tanto en el ámbito del derecho público como privado, dejando fuera del estudio las menciones transmitidas en epígrafes o en escritos de no juristas. ABSTRACT: Because it is mainly addressed to students, this paper presents, in a very basic way, some references to the role of the civitates, as legal entities in legal transactions; the texts are collected from Roman jurists of the first three centuries of our era. After an introduction of the different types of varied urban settlements in the Roman, world, there is an exposition based in the recognized faculties to the cities as actors of legal transactions, both in the field of public and private law, leaving aside the references transmitted in inscriptions or in writings of non-Jurists.


2021 ◽  
Vol 20 (6) ◽  
pp. 8-17
Author(s):  
E.A. SUKHANOV

The article highlights the role of prof. A.L. Makovsky in the creation of the new Civil Code of the Russian Federation of 1994–2006, as well as in the organization of the practice of its application and the development of the Concept for the Development of Civil Legislation of the Russian Federation in 2009. Special attention is paid to the activities of A.L. Makovsky on the preparation of the Fourth Part of the Civil Code of the Russian Federation and the concept of intellectual rights enshrined by it, opposing the traditional archaic concept of “intellectual property”. The importance of the need to increase the attention of civil law to the issue of protecting the rights and interests of citizens and other weakest participants in civil legal relations in their opposition to the interests of large companies striving to take a privileged position in property turnover is shown. From this point of view, the author substantiates the need for a significant adjustment in the understanding of the balance of private and public interests, which is the basis of civil law regulation.


Author(s):  
Amin Maghfuri

In recent years, the landscape showing a conservative tendency in religion hassignificantly increased. The Islamic Conservatives in Indonesia experienced unexpected and quite surprising growth and development, and perhaps reached its peak in the last 3-5 years. The negative excesses of this conservative tendency are quite worrying and have the potential to disrupt the sustainability of democracy and the integrity of the nation. This research seeks to elaborate efforts to mainstream moderate Islam which is the main agenda of the government (Ministry of Religion) as a step to counter conservative understanding and see how the role of educational institutions there. This research is a qualitative research focusing on the literature study and using a descriptive-analysis approach. The results of this study indicate that in an effort to mainstream moderate Islam, educational institutions play a significant role although not the only determinant. This role can be realized through several aspects such as curriculum and learning processes in educational institutions, supervision and guidance of programs or activities outside the curriculum of educational institutions starting from elementary to high levels, as well as through educational institutions policies.


10.12737/1462 ◽  
2013 ◽  
Vol 1 (5) ◽  
pp. 40-45
Author(s):  
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Mikhail Abragimovich

The author shows how additional professional education (APE) helps professional educational institutions to train competitive specialists under the conditions of integration in the professional education sphere. It is argued that professional education establishments (PEE) should carry out labor market research and forecasting in order to maintain competitiveness at the educational services market. The concept of �competitive specialist� is explored, and the necessity to work out a model for forecasting the set of graduates� competences for the highly-demanded professions. The paper suggests practical recommendations to enhance competitiveness of PEE graduates through the development of the additional professional education system.


Author(s):  
Olena Tymchyk

Modern educational institutions require qualified teachers who can provide the educational services of proper level. The problem of providing educational institutions with pedagogical staff has been relevant for a long time, till nowadays. It can be solved by a consecutive marketing program, elements of which can be found on the school websites. The author carried out a general analysis of the websites of Ukrainian schools (both public and private ones) and concluded that there is a solid lack of information, which should be aimed specifically for young graduates. The author believes that during the process of development of marketing program, the governance of schools ought to orientate it not only based on necessities of consumers of educational services, but also made it suitable for teachers who in future can apply for work in these institutions. According to the author, the pages of websites devoted to the personnel policy of schools should also contain the requirements to the possible candidates for vacant places in these institutions. It is also important to place the information about working conditions - material and technical support of the educational institution. This will allow young specialists to make conclusions about the possibility of realizing their knowledge and practical skills. The author believes that young specialists are interested in the information concerning the projects in which an educational institution is involved. Such information indicates the level of development of the institution and possible perspectives for its employees. The author suggests the use of the "reverse" orientation of the marketing activities of the school regarding employees, which will encourage its attractiveness for young professionals, and will also help the educational sphere in its competition for highly skilled workers.


Author(s):  
Olena Spolska

The purpose of the article is to present the activities of music societies in Eastern Galicia during the late nineteenth – first third of the twentieth century, which laid the foundations for the development of national professional music education and performance, including piano. The methodological basis of the publication is historical-stylistic and comparative approaches, methods of historical-cultural discourse (V. Cherkasov), fundamental historical-musicological positions (L. Korniy, L. Kianovska, etc.). Problems of musical culture, education, and performance were considered by Galician musicians of that time (S. Lyudkevych, V. Barvinsky, N. Nyzhankivsky, etc.) in the broader context of national and cultural life, cooperation of Ukrainian cultural and educational societies, the active position of composers, performers, and teachers, which contributed to the development of professional education and performance, music culture in general. This methodological approach was continued by modern musicologists (M. Zagaykevych, L. Kiyanovska, L. Korniy, L. Mazepa, M. Cherepanin, etc.), who interpret the cultural and artistic life of Galicia in the second half of the nineteenth - early twentieth century. as a turning point in the process of formation of professional musical culture, due to the adoption of the so-called "cultural autonomy" (1867). Scientific novelty. A significant role in this process was played by music centers founded by the Society for the Distribution of Music in Galicia, the Galician Music Society (hereinafter - the Polish Music Society), the GMT Conservatory (1854) as the main musical educational institution in Galicia in the second half of the nineteenth century. The role of Ukrainian music societies was important, most of all – the centers of "Boyan" and "Union of Boyans", Music Society M. Lysenko, which became the basis for the establishment of the Ukrainian professional music institution – Higher Music Institute (1903), then - Lysenko Higher Music Institute (VMIL), the activities of an extensive network of its branches in various cities of Galicia. Significant educational activities of cultural, educational, and musical societies have encouraged professional composers to create original musical works, arrangements of folk songs, compiling the appropriate professional repertoire. In turn, this necessitated the development of professional music criticism in the Ukrainian periodicals. Analyzing the socio-cultural context of music societies, we relied on the developed classifications of their activities (N. Kobrin). This allowed us to outline the role of numerous monographic and thematic concerts dedicated to Ukrainian and Western European composers, solo concerts of prominent Ukrainian vocalists, and instrumentalists in the growth of performing skills of Ukrainian artists of this period. Conclusions. Conclusions are made about the decisive role of the network of cultural, educational, and musical societies of Eastern Galicia in the late nineteenth - first third of the twentieth century. in the process of development in the region of musical performance and musical culture in general. Keywords: musical culture of Western Ukraine, end of XIX – first third of XX century, cultural-educational and musical societies, musical performance.


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