REGARDING THE STATUS OF THE INSTITUTION OF HIGHER EDUCATION ORGANIZATIONAL-LEGAL ISSUES

ABSTRACT

This article analyzes organizational and legal issues related to the status of a higher educational institution, as well as its legal nature, concept, rights and obligations of universities, scientific views of foreign scientists and opinions are expressed.

АННОТАЦИЯ

В данной статье анализируются организационно-правовые вопросы, связанные со статусом высшего учебного заведения, а также его юридическая природа, понятие, права и обязанности вузов, научные взгляды зарубежных ученых и высказываются мнения.

Keywords: higher education institutions, university status, legal concept, rights and obligations, organizational and legal form.

Ключевые слова: высшее учебные заведения, статус вуза, правовое понятие, права и обязанности, организационно-правовая форма

It is known that the activity of every enterprise and organization, including a higher education institution, is manifested through its legal nature, organizational and legal form. In accordance with Article 29 of the Law of the Republic of Uzbekistan "On Education", the legal status of educational organizations is determined, and it is envisaged that educational organizations and their branches, as well as branches of foreign countries' educational organizations, will be established with the status of a legal entity [1].

Article 40 of the Civil Code of the Republic of Uzbekistan defines the types of legal entities that make profit as the main purpose of their activity (commercial organization) or an organization that does not aim to make a profit (a non-commercial organization) may be a legal entity [2].

A commercial organization is known by its name and is engaged in commercial, production, trade and other income-generating activities. A non-commercial organization can be in the form of a public association, a fund, an institution financed from the state budget, or in another form established by law. In addition, in accordance with the law, a non-commercial organization is allowed to engage in business activities based on the tasks defined in its charter.

In accordance with Article 42 of the Civil Code of the Republic of Uzbekistan, the creation of legal entities is established, according to which legal entities are established by the owner or a person represented by him or on the basis of an order of an authorized body, as well as in accordance with the procedure provided for by law. The founders of legal entities are the owners, the subjects of the right to conduct business or operational management, or the persons represented by them [3].

As a non-commercial organization that is a legal entity, the activities of higher education institutions are primarily focused on providing social services, social organizations, including meeting the needs of the individual, the state and society in terms of the targeted operation of the educational system. A higher education institution is considered an element of the system of social institutions, and first of all, a special approach to its legal status is required in the administrative sphere.

Scientists Sh.E. Kurbanov and E.A. Seytkhalilov abandons the modern feeling and understanding of the educational institution as an object of management and considers it only as a social institution or only as an educational institution and in their opinion, at the same time, the educational institution is considered a separate social organization [4].

“A higher educational institution is an institution staffed by highly intelligent employees. No organization or institution can compare with a higher education institution in terms of the number of scientists and highly qualified specialists” [5], – notes Yu.S.Vasilev.

Although general definitions of the legal status of higher education institutions are given in legal studies, there are different views. The status of a higher education institution is divided into the following main parts: goals and tasks, legal basis of the organization of a higher education institution: directions of activity, rights and obligations, its responsibility; the procedure for managing a higher education institution, the structural structure and tasks of the administration, as well as the mechanisms for the implementation of rights, the organizational and legal form, state accreditation, and the type of higher education institution are indicated [6].

Taking into account the different regions and types of higher education institutions performing mass activities of general importance in the social sphere, their legal status includes the place of the higher education institution in the republican and local authorities, subordination to a specific management body or cooperation with management bodies, the appearance of their interactions, the goals of the organization and activity of the higher education institution, the public tasks that the higher education institution must perform, the directions of the public activities under the responsibility of the higher education institution, the rights (authorities) of the higher education institution, the offense committed within the framework of legal relations it is appropriate to add the responsibility of the higher education institution.

As noted above, in the system of legal entities, a higher education institution is classified as a non-commercial organization and does not earn income through its main purpose, and the income earned is not divided among the founders. The main goal of the higher education institution is to train qualified highly educated specialists for real economic sectors. Nevertheless, higher education institutions also receive certain income from extra-budgetary funds through personnel training, entrepreneurship, production, and the provision of certain services.

A number of foreign scientists expressed different opinions regarding the organizational and legal forms of higher education institutions. Including the B.S.Belykh believes that it is necessary to cancel the right of non-profit organizations to engage in business activities and earn income [7]. In opinion the author, in the conditions of current market relations, higher education institutions, which are considered non-profit organizations, should provide additional educational services or departments for the purpose of strengthening the material and technical base of the educational process, social protection of professors, employees and students, as well as other similar material interests otherwise, it is advisable to carry out additional income earning activities by establishing production enterprises.

According to M.A.Klyuyev, the organizational and legal forms of educational institutions should be diverse, educational institutions of the same form do not meet the requirements of the development of a higher school and limit the organizational development of a higher educational institution [8].

N.G.Bagautdinova believes that the reorganization of the educational institution in a different organizational and legal form will improve the activity of the educational institution in many ways and will lead to the expansion of the scope of providing educational services [9]. M.V.Tokmovseva suggests considering higher education institutions not as institutions, but as state unitary educational organizations [10].

According to M.A.Kaplyuk, the use of different expressions such as "institution", "educational institution", "budget institution", "educational organization" and "non-profit educational organization" for higher education institutions in the legislation leads to a non-uniform interpretation of the concept of "higher education institution" [11].

The term "institution" is defined in the legal encyclopedia of Uzbekistan as follows: "institution" is an organization established by the owner to perform management, socio-cultural tasks or other non-commercial tasks and is fully or partially financially supported [12]. Also E.T. Hajiyev "an institution is an organization established by a property owner to perform management, socio-cultural or administrative-political functions" [13], defines.

The main difference between an institution and an enterprise is the purpose of their organization, as well as the content of their activities. The legal status of institutions is regulated by normative legal documents (laws) defining relations in certain areas.

Also, according to the Law of the Republic of Uzbekistan "On Non-Governmental Non-Profit Organizations", an institution is a non-governmental non-profit organization established by individuals and (or) legal entities to carry out social, cultural and other non-profit tasks [14].

According to M.A.Kaplyuk, the naming of all higher education institutions with the words "university", "academy" or "institute" conditionally determines their attitude to higher education. Non-state educational institutions are referred to as "non-state higher education institution" without using these words. In his opinion, he emphasizes that the designation of state-owned higher education institutions should be indicated as "state higher education institution" [15].

The status of educational institutions is interpreted differently in the Law of the Republic of Uzbekistan "On Education". Article 3 of this law, which reflects the main concepts, defines "state educational institution" and "non-state educational organization" [16]. According to this law, a state-owned institution is defined as an "educational institution", and a non-state institution is defined as an "educational organization". However, the text of the law mentions "educational institution" in 61 places, regardless of whether it is considered state or non-state, and "educational organization" is mentioned in 227 places.

In opinion the author, based on the legislation of the Republic of Uzbekistan, based on the above analysis, it is appropriate to use the expressions "institution", i.e. "higher educational institution" or "state higher educational institution", "non-state higher educational institution" in relation to the organization engaged in educational activities. according to Higher education institutions, unlike other institutions, prepare qualified specialists for consumers, that is, real sectors of the economy.

According to V.Dahl, the university is a higher school, a first-class educational institution in all fields of science [17]. At the beginning of the 20th century, S.Hessen describes the university as a place where students are trained by conducting research in front of their eyes. The unity of scientific research and teaching is first of all considered as a process in which the work of scientific research in teaching at the university has not been fully resolved and still requires scientific research [18].

M.A.Kaplyuk admits that the appearance of a higher education institution is of great importance in describing its legal status and directly affects the system of rights and obligations. According to him, the definitions given to higher education institutions are distinguished by incomplete interpretation, these definitions are not sufficiently accurate, there are no clear criteria, there is no correlation between the rights and duties of the higher education institution, its status, different higher education institutions characteristics of the legal status of professors and teachers of educational institutions, students, etc. are not specified. The activities of all higher education institutions have one goal - to satisfy the need of a person to receive higher education. In particular, higher education institutions can have their own goals depending on the type: the institute prepares highly qualified specialists, and the university prepares specialists and teachers who are inclined to conduct scientific research. If the goals and tasks of higher education institutions differ from each other, then the scope of their rights and obligations, responsibility, and the nature of their relations in the field of administrative and legal regulation will also be different [19].

S.V.Barabanova considers the importance of clarifying the legal status of the higher education institution by grouping. According to him, higher education institutions were traditionally divided into classical universities, polytechnics and industry institutes (agriculture, medicine, railway, etc.). Currently, the majority of state higher education institutions are universities. Because in the 90s of the 20th century, all institutions were transformed into universities in order to increase the prestige of humanitarian education and train specialists in the economic and social sphere. Due to this, in the Russian Federation, at the same time, higher education institutions in the field of technology and industry are training experts in economics, jurisprudence, management and other fields in order to earn additional income through educational services based on the demand of the population [20].

Based on the mentioned opinions, the author is sure that the type of higher education institutions has its own characteristics. At the same time, the author do not agree with the opinion of S.V.Barabanova, and we believe that higher education institutions in the field of technology and industry should train only highly qualified specialists in their field. A higher education institution that trains personnel in a certain direction may have a negative impact on the quality of education if it trains personnel in a completely different direction.

From the points stated above, it can be concluded that the legal status of a higher education institution is the set of rights, obligations and powers related to its goals and tasks, relations with state management bodies, organizational and legal form, state accreditation should be understood.

References:

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