Prevention Violations of Mandatory Requirements: Administrative-Legal Substance and Development Prospects in the State Control (Supervision) System in Higher Education

• Published in: Юридические исследования no. 6; pp. 1 - 13
• Main Author: Kotsyurko, Elena Petrovna
• Format: Journal Article
• Language: English
• Published: 01.06.2025
• ISSN: 2409-7136; 2409-7136
• DOI: 10.25136/2409-7136.2025.6.74624

The subject of the study is the institution of preventing violations of mandatory requirements in the field of higher education, examined through the prism of theoretical issues concerning its administrative-legal nature and practical aspects of implementation in the exercise of state control (supervision). The paper analyzes the theoretical and legal foundations of this institution, including its place within the system of state control (supervision) and its relationship with the concepts of "prevention" and "preemption". Current problems in the enforcement of preventive measures in higher education are identified, and measures to improve its regulatory framework and organizational-legal forms of practical implementation are proposed. Special attention is given to substantiating the key role of prevention in the system of state control (supervision) in higher education, with an emphasis on the need to develop tools aimed not only at preventing potential violations of mandatory requirements and minimizing the risks of adverse consequences but also at supporting and encouraging conscientious compliance with mandatory requirements by regulated entities. The methodological basis of the research consisted of general theoretical (analysis, synthesis, deduction, system-structural method) and specific scientific (statistical) methods. Within the framework of special scientific methodology, the formal-legal method was used, which ensured systematic analysis and interpretation of current legislation. The results of the study showed that the insufficiency of tools to support and encourage conscientious compliance with mandatory requirements determines the forced orientation of the Federal Service for Supervision in Education and Science (hereinafter - Rosobrnadzor) towards a preemptive-punitive approach in carrying out preventive measures. Overcoming this problem seems possible through the development of independent and self-assessment by controlled entities of the level of compliance with mandatory requirements. The novelty of the research lies in identifying and substantiating the potential of administrative-legal regulation mechanisms in higher education to expand the toolkit for ensuring good-faith compliance with mandatory requirements. The integration options proposed in this study for incorporating the results of procedures such as independent quality assessment of education, ranking, and self-evaluation into this toolkit—in systemic connection with the practical implementation of a risk-based approach—contribute to achieving a balance in the interaction between the state, society, and educational institutions as one of the benchmarks for improving control (supervisory) activities.