Actual Problems of Legislative Support of the Educational Process in the Conditions of the Legal Regime of Martial Law

Abstract

Topicality. Due to the imposition of martial law in Ukraine, some constitutional rights and freedoms of man and citizen may be temporarily restricted. In these conditions and in order to ensure the effective operation of military-civil administrations formed on the territory of Ukraine, it is possible to temporarily restrict the right to education, which is one of the fundamental human and civil rights protected and guaranteed by the state. The purpose of the article is to study the state of regulatory and legal support of the constitutional right of citizens to education and the organization of the educational process under the legal regime of martial law. This goal necessitated the implementation of a number of research tasks, including, in particular, the analysis of regulatory and legal regulation of the educational process in martial law; development of a number of legislative proposals to ensure access to educational services for students in modern conditions. The methodological basis of the article is a holistic and coherent system of methods, which allowed to properly analyze the subject of research. These are, in particular, dialectical, systemic, structural-functional, formal-legal, prognostic and other methods. The theoretical basis of the proposed publication were the works of domestic scholars on ensuring the right to education and access to education, current regulations governing the provision of the educational process under the legal regime of martial law. The scientific novelty of the publication is that on the basis of the analysis a number of areas of regulatory and legal regulation and organization of the educational process under martial law, ways to solve existing problems in this area. It is emphasized that ensuring the constitutional right to education, even in the conditions of its lawful restriction, is a priority of a democratic and social state. Conclusions. In order to regulate the most acute problems in the field of education during the full-scale war waged by Russia against Ukraine, as well as to ensure the educational process during the martial law regime, a number of legislative initiatives need to be adopted at the Ukrainian parliament. access to education by students who are temporarily displaced. Practical significance. Along with urgent legislative initiatives, the consideration and adoption of which is the responsibility of the parliament, there is also an objective need to create an official information portal for pedagogical and scientific-pedagogical workers - internally displaced persons with information about available vacancies in educational institutions, etc.

Keywords: right to education; provision of educational process; access to education; martial law; student; aggression.