On some problems of the implementation of the constitutional right to higher education in Russia

• Published in: Административное и муниципальное право no. 5; pp. 63 - 76
• Main Authors: Slanov, Oleg Taimurazovich, Dzodzikov, Zelim Uruzmagovich, Hugaeva, Rimma Grafovna, Bekoeva, Tat'yana Aleksandrovna
• Format: Journal Article
• Language: English
• Published: 01.05.2024
• ISSN: 2454-0595; 2454-0595
• DOI: 10.7256/2454-0595.2024.5.71910

The subject of this article is the nature, meaning and content of the constitutional right to higher education in the sense given by the Constitution of the Russian Federation, legislation and law enforcement practice. The study provides a meaningful analysis of part 3 of Article 43 of the Constitution of the Russian Federation, reveals the intentions of the developers of the constitutional text. The article analyzes the constitutional right to education in the context of the Bologna system, gives a nuanced characterization of this right primarily through the possibility of exercising this right free of charge. The social nature of the policy of the Russian state is shown, which is manifested in an increase in the share of foreign students in Russian universities; expansion of opportunities for obtaining a second higher education for citizens with disabilities; expansion of forms of free higher education. The main research methods are: – general research methods: comparison and description; – general scientific: dialectical and dialectological methods; – private scientific: sociological and axiological methods; - special research methods: comparative legal and formal legal. The authors analyze in detail the issue of the implementation of the constitutional right to higher education in the current legislation on education, and draw attention to a number of important changes in relevant normative legal acts. It is concluded that point-by-point amendments to the legislation on education significantly expand the possibilities of access to free forms of higher education. Within the framework of the legal experiment in the Russian Federation, the search for the most rational form of higher education organization continues. The article focuses on the problems of the Bologna education system and analyzes it. It is stated that the discussion on the internal organization of higher education has not yet been completed and the Russian state has yet to find legal forms for rationalizing the activities of higher education institutions. Using an empirical research method, the authors provide comments on current legislation and an analysis of judicial practice, which represent a certain scientific novelty and arouse interest in the systematic positions of the authors presented in the work in relation to the issue under study.