LAW OF UKRAINE

of September 5, 2017 No. 2145-VIII

About education

Education is basis of intellectual, spiritual, physical and cultural development of the personality, its successful socialization, economic wellbeing, guarantee of development of the society combined by general values and culture and the states.

The purpose of education is all-round development of the person as personality and the highest value of society, her talents, mental, creative and physical abilities, forming of values and necessary for successful self-realization of kompetentnost, education of the responsible citizens capable to the conscious public choice and the direction of the activities of advantage for other people and society, enrichment on this basis of intellectual, economic, creative, cultural potential of the people, increase in educational level of citizens for ensuring sustainable development of Ukraine and its European choice.

This Law governs the public relations arising in implementation process of constitutional right of the person on education, the rights and obligations of physical persons and legal entities which participate in realization of this right and also determines competence of state bodies and local government bodies in the field of education.

Section I General provisions

Article 1. Main terms and their determinations

1. In this Law terms are used in such value:

1) autonomy - the right of the subject of educational activities to self-government which consists in his independence, independence and responsibility in decision making of rather academic (educational), organizational, financial, personnel and other matters of the activities performed according to the procedure and the limits determined by the law;

2) the academic freedom - independence and independence of participants of educational process during implementation of the pedagogical, scientific and pedagogical, scientific and/or innovative activities performed on liberty principles of the word, thought and creativity, dissemination of knowledge and information, free promulgation and use of results of scientific research taking into account the restrictions established by the law;

2-1) safe educational circle - set of the conditions in organization of education excluding causing to participants of educational process of physical, property and/or moral harm, in particular, owing to non-compliance with requirements of sanitary, fire protection and/or construction standards and rules, the legislation on cyber security, personal data protection, safety and quality of foodstuff and/or provision of low-quality food services, by physical and/or psychological abuse, operation, discrimination on any sign, humiliation of honor, advantage, goodwill (including by bulling (persecution), distribution of false data and so forth), promotion and/or propagandas, including with use of cyberspace, and also excluding the use in the territory and in premises of organization of formation of alcoholic beverages, tobacco products, drugs, psychotropic substances;

3) free education - education which is acquired by person at the expense of means state and/or local budgets according to the legislation;

3-1) bulling (persecution) - act (actions or failure to act) of participants of educational process who consist in psychological, physical, economic, sexual abuse including using means of electronic communications which are made concerning the juvenile or the minor and (or) such person concerning other participants of educational process therefore could be or harm was done to mental or physical health of the victim.

Typical signs of bulling (persecution) are:

systematicity (repeatability) of action;

availability of the parties - the offender (buller), the victim (the victim of bulling), observers (in the presence);

actions or failure to act of the offender which consequence causing mental and/or physical harm, humiliation, fear, alarm, subordination to interests of the injured offender, and/or causing social isolation of the victim is;

4) teaching activities - activities which are directed to forming of knowledge, other kompetentnost outlooks, development of mental and creative abilities, emotional and strong-willed and/or physical qualities of job seekers of education (lecture, seminar, training, rates, master class, webinar, etc.) and which are performed by the pedagogical (scientific and pedagogical) worker, self-employed person (except persons to whom such form of teaching activities is prohibited by the law) or other physical person based on the corresponding employment or civil contract;

5) the electronic textbook (benefit) - the electronic educational edition with the systematized statement of training material which corresponds to the educational program contains digital objects of different formats and provides interactive interaction;

5-1) textbook - type of educational literature which contains the systematized statement of training material and task for achievement of certain results of training according to the model and/or training program (for complete general secondary education) which component is the interactive digital application, requirements to which are established by the central executive body in the field of science and education;

6) organization of education - the legal entity of public or private law which core activity are educational activities;

7) the founder of institution of education - public authority on behalf of the state, the relevant council on behalf of territorial community (communities), physical person and/or legal entity, the decision and at the expense of which property the educational institution is founded or otherwise according to the legislation also the founder's obligations acquired the rights;

8) job seekers of education are pupils, pupils, students, cadets, listeners, trainees, graduate students (graduateds in a military academy), other persons who get education in any kind and form of education;

9) individual educational trajectory - the personal way of realization of personal potential of the job seeker of education based on the choice by the job seeker of formation of types, forms and rate of education, subjects of educational activities and the educational programs offered by them, subject matters and level of their complexity, methods and tutorials. The individual educational trajectory is created taking into account capabilities, interests, requirements, motivation, opportunities and experience of the job seeker of education, and also taking into account special laws;

10) the individual development program - the document providing individualization of training of person with special educational needs fixes the list of necessary psychology and pedagogical, correctional requirements / services for development of the child and is developed by group of specialists with obligatory involvement of parents of the child for the purpose of determination of specific educational strategy and approaches to training;

11) the individual curriculum - the document which determines procedure, form and rate of assimilation by the job seeker of formation of educational components of the educational program for the purpose of realization of its individual educational trajectory and is developed by organization of education in interaction with the job seeker of education in the presence of resources necessary for this purpose;

12) inclusive training is system of the educational services guaranteed by the state which is based on the principles of nondiscrimination, accounting of variety of the person, effective involvement and inclusion in educational process of all his participants;

13) the inclusive educational circle - set of conditions, methods and means of their realization for coeducation, education and development of job seekers of education taking into account their requirements and opportunities;

14) qualification - recognized as the authorized subject and the standardized set of the competences (results of training) got by person certified by the relevant document;

15) competence - dynamic combination of knowledge, abilities, skills, methods of thinking, views, values, other personal qualities which determines capability of the person successfully to be socialized, perform professional and/or further educational activity;

15-1) the developing services correctional (help) - complex system of the actions of escort of person with special educational needs in training process directed to correction of violations by development of the personality, its cognitive activity, the emotional and strong-willed sphere and the speech;

15-2) educational literature - electronic and paper editions which are created for ensuring educational process and contain the scientific, educational, methodical and/or practical information directed to achievement of certain results of training by job seekers of education;

16) educational process - system of the scientific and methodical and pedagogical actions aimed at the development of the personality by forming and use of competences;

17) educational activities - the activities of the subject of educational activities directed to the organization, providing and realization of educational process in formal and/or informal education;

18) educational service - complex determined by the legislation, the educational program and/or the agreement of actions of the subject of educational activities which have the determined cost and the expected results of training directed to achievement by the job seeker of education;

19) the educational program - single complex of the educational components (learning objects, disciplines, individual tasks, control actions and т.п) planned and organized for achievement of certain results of training;

20) person with special educational needs - person who needs additional continued or temporary support in educational process for the purpose of ensuring its right to education;

21) pedagogical activities - the intellectual, creative activities of the pedagogical (scientific and pedagogical) worker or self-employed person in formal and/or informal education directed to training, education and development of the personality, its common cultural, civil and/or professional competences;

21-1) psychology and pedagogical services - complex system of measures for the organization of educational process and development of the personality with special educational needs which are provided by the individual development program and are provided by pedagogical employees of organizations of education, the inclusive and resource centers, other specialists;

21-2) psychology and pedagogical maintenances - complex system of the measures for the organization of educational process and development of the child provided by the individual development program;

22) results of training - knowledge, abilities, skills, the thinking methods, views, values, other personal qualities acquired in training process, education and development which can be identified, planned, estimated and measured and which the person is capable to show after completion of the educational program or separate educational components;

23) the education level - complete stage of education which is characterized by the level of complexity of the educational program sets of competences which are determined, as a rule, by the standard of education and correspond to certain level of the National frame of qualifications;

24) reasonable adaptation - introduction if it is necessary in specific case, necessary modifications and adaptations for the purpose of ensuring realization by persons with special educational needs of constitutional right on education on an equal basis with other persons;

25) education system - set of components of education, levels and steps of education, qualifications, educational programs, standards of education, licensed conditions, organizations of education and other subjects of educational activities, participants of educational process, governing bodies in the field of education, and also the regulatory legal acts governing the relations between them;

26) special laws - the laws of Ukraine "About preschool education", "About complete general secondary education", "About out-of-school education", "About vocational training", "About the higher education";

27) the subject of educational activities - physical person or legal entity (organization, the company, organization, the organization, the public association) performing educational activities;

28) universal design in the field of education - design of objects, the environment, educational programs and services which provides their maximum suitability for use by all persons without necessary adaptation or special design;

29) quality of education - compliance of results of training in the requirements established by the legislation, the corresponding standard of education and/or the agreement on provision of educational services;

30) quality of educational activities - the level of the organization, providing and the realization of educational process providing quality education persons also conforms to the requirements established by the legislation and/or the agreement on provision of educational services.

2. Provision of it and special laws concerning parents concern also other legal representatives of job seekers of education. Parents, other legal representatives realize relevant provisions of this Law and special laws concerning persons which did not reach age of majority and also according to the legislation concerning persons whose capacity to act is limited.

Article 2. Legislation of Ukraine on education

1. The legislation of Ukraine on education is based on the Constitution of Ukraine and consists of this Law, special laws, other acts of the legislation in the field of science and education and international treaties of Ukraine signed in the procedure established by the law.

2. Subordinate regulatory legal acts cannot narrow content and amount of constitutional right on education, and also the subjects of educational activities and the academic freedoms of participants of educational process determined by the law of autonomy.

Letters, instructions, methodical recommendations, other documents of executive bodies, except the orders registered by the Ministry of Justice of Ukraine, and the documents regulating internal activities of body are not regulatory legal acts and cannot establish precepts of law.

3. The subject of educational activities has the right to independently make the decision on any questions within the autonomy determined by this Law, special laws and/or constituent documents on the questions which are not settled by the legislation.

Article 3. Right to education

1. Everyone has the right to quality and available education. The right to education includes the right to get education throughout all life, the right to availability of education, the right to free education in the cases and procedure determined by the Constitution and the laws of Ukraine.

2. In Ukraine equal conditions of access to education are created. Nobody can be limited in the right to education. The right to education is guaranteed irrespective of age, sex, race, the state of health, disability, nationality, nationality, political, religious or other convictions, skin color, the place of residence, language of communication, origin, social and property status, criminal record availability, and also other circumstances and signs.

3. The right of person to education can be exercised by its obtaining at the different education levels, in different forms and different types, including by receipt of preschool, complete general average, out-of-school, professional (professional), professional prehigher, higher education and education of adults.

4. Everyone has the right to access to public educational, scientific and information resources, including on the Internet, to electronic textbooks and other multimedia educational resources according to the procedure, determined by the legislation.

5. The state performs social protection of job seekers of education in the cases determined by the legislation and also provides equal access to education to persons from socially vulnerable segments of the population.

6. The state creates conditions for education by persons with special educational needs taking into account individual requirements, opportunities, capabilities and interests, and also provides identification and elimination of the factors interfering realization of the rights and requirements satisfaction of such persons in the field of education.

7. Foreigners and persons without citizenship get education in Ukraine according to the legislation and/or international treaties of Ukraine.

8. Persons who are recognized as refugees or persons who need additional protection according to the Law of Ukraine "About the refugees and persons needing additional or temporary protection" and also other categories of foreigners and stateless persons in the cases provided by the law and/or the international treaty of Ukraine have right to education, equal with citizens.

9. The right to education cannot be limited to the law. The law can establish special conditions of access to certain education level, specialty (profession).

Article 4. Providing right to free education

1. The state provides:

free of charge preschool, complete general average, professional (professional), professional prehigher and higher education according to standards of education;

development of preschool, complete general average, out-of-school, professional (professional), professional predsvysshy, the highest and post-qualifying education according to the legislation.

2. The right to free education is provided:

for job seekers of preschool and complete general secondary education - due to development of network of organizations of formation of all patterns of ownership and their financial provision according to the procedure, established by the legislation, and in the amount sufficient for ensuring right to education of all citizens of Ukraine, foreign citizens and stateless persons which constantly or temporarily live in the territory of Ukraine;

for job seekers out-of-school, professional (professional), professional the prehighest and post-qualifying education - in organizations of education or other subjects of educational activities due to financing from the state and/or local budgets according to the procedure, established by the legislation;

for job seekers of the higher education - in organizations of education due to financing from the state and/or local budgets according to the procedure, established by the legislation.

3. The state guarantees to all citizens of Ukraine and other persons who are in Ukraine on legal causes, and also to each child irrespective of the bases of its stay in Ukraine, the right to free receipt of complete general secondary education according to standards of education.

The state guarantees free providing with textbooks (including electronic), benefits of all job seekers of complete general secondary education and pedagogical workers according to the procedure, established by the Cabinet of Ministers of Ukraine.

Article 5. State policy in the field of education

1. Education is the state priority which provides innovative, social and economic and cultural development of society. Financing of education is investment into human potential, sustainable development of society and the state.

2. State policy in the field of education is determined by the Verkhovna Rada of Ukraine, and implement the Cabinet of Ministers of Ukraine, the central executive body in the field of science and education, other central executive bodies and local government bodies.

3. State policy in the field of education is created and implemented on the basis of scientific research, the international obligations, domestic and foreign experience taking into account forecasts, statistical data and indicators of development for the purpose of requirements satisfaction of the person and society.

4. Documents of the state forecasting and strategic planning of development of education is the forecast of development of education, the strategy of development of formation of Ukraine, the appropriate state, regional and local target programs, plans of activities in the field of formation of authorities. Authorities provide open access to the specified documents by their promulgation on the official websites.

5. The state creates conditions for receipt of the civic education directed to forming of the kompetentnost connected with realization by person of the rights and obligations as the member of society, understanding of values civil (free democratic) societies, supremacy of law, rights and freedoms of man and citizen.

Article 6. The principles of state policy in the field of education and the principles of educational activities

1. The principles of state policy in the field of education and the principles of educational activities are:

chelovekotsentrizm;

supremacy of law;

quality assurance of education and quality of educational activities;

ensuring equal access to education without discrimination on any signs, including on the basis of disability;

development of the inclusive educational circle, including in the organizations of education most available and persons which are brought closer to the place of residence with special educational needs;

ensuring universal design and reasonable adaptation;

scientific nature of education;

variety of education;

integrity and succession of education system;

transparency and publicity of acceptance and accomplishment of management decisions;

responsibility and accountability of governing bodies of education and organizations of education, other subjects of educational activities before society;

institutional separation of functions of control (supervision) and functions of ensuring activities of organizations of education;

integration with the labor market;

continuous communication with world and national history, culture, national traditions;

freedom in the choice of types, forms and rate of education, the educational program, educational institutions, other subjects of educational activities;

academic virtue;

academic freedom;

financial, academic, personnel and organizational autonomy of organizations of education in the limits determined by the law;

humanity;

democratism;

unity of training, education and development;

fostering patriotism, respect for cultural values of the Ukrainian people, its historical and cultural heritage and traditions;

forming of conscious need for observance of the Constitution and the laws of Ukraine, intolerance to their violation;

forming of respect for human rights and freedoms, intolerance to humiliation of his honor and advantage, physical or psychological abuse, and also to discrimination on any signs;

forming of civil culture and culture of democracy;

forming of culture of healthy lifestyle, ecological culture and respect for the environment;

non-interference of political parties to educational process;

non-interference of the religious organizations to educational process (except the cases determined by this Law);

versatility and balance of information of rather political, world outlook and religious affairs;

state and public management;

state and public partnership;

public-private partnership;

assistance to training at life extent;

integration into the international educational and scientific space;

intolerance to manifestations of corruption and bribery;

availability to each citizen of all forms and types of the educational services provided by the state.

2. Education in Ukraine shall be based on the principle of equal opportunities for all.

Article 7. Education language

1. Language of educational process in educational institutions is the state language. In classes (groups) with training in languages of ethnic minorities which are official languages of the European Union, the right to use language of the corresponding ethnic minority in educational process along with state language is guaranteed.

The state guarantees to each citizen of Ukraine the right to formal education at all levels (preschool, general average, professional (professional), professional the prehighest and the highest), and also additional and post-qualifying education in state language in the state and utility educational institutions.

To persons who belong to ethnic minorities of Ukraine, the right to training in utility organizations of education for receipt of preschool and primary education, along with state language, in language of the corresponding ethnic minority is guaranteed. This right is exercised by creation according to the legislation of separate classes (groups) with training at language of the corresponding ethnic minority along with state language and does not extend to classes (groups) with training at Ukrainian.

The right to training in utility organizations of education for receipt of preschool and general secondary education, along with state language, the corresponding indigenous people is guaranteed to persons belonging to indigenous people of Ukraine. This right is exercised by creation according to the legislation of separate classes (groups) with training at language of the corresponding indigenous people of Ukraine along with state language and does not extend to classes (groups) with training at Ukrainian.

Of ethnic minorities of Ukraine the right to studying of language of the corresponding indigenous people or ethnic minority in utility organizations of general secondary education or through national cultural societies is guaranteed to persons who belong to number of indigenous people.

The right to training of sign language and to studying of the Ukrainian sign language is provided to persons with hearing disorder.

2. Organizations of education provide obligatory studying of state language, in particular institutions of professional (professional), professional prehigher and higher education - in the amount allowing to perform professional activity in the chosen industry with use of state language.

Of ethnic minorities of Ukraine, to foreigners and stateless persons proper conditions for studying of state language are created to persons who belong to number of indigenous people.

3. The state provides studying of English and promotes studying of other languages of the international communication in educational institutions irrespective of pattern of ownership.

4. In organizations of education according to the educational program one or several disciplines by two or more languages - state language, English, other official languages of the European Union can be taught.

5. At the request of job seekers of professional (professional), professional prehigher and higher education of organization of education create possibilities for studying of language of indigenous people, ethnic minority of Ukraine as separate discipline.

6. The state promotes creation and functioning abroad of organizations of education in which training is performed in Ukrainian or Ukrainian is learned.

7. Features of use of languages in separate types and at the separate education levels are determined by special laws.

Article 8. Education types

1. Person exercises right to education during life by formal, informal and informalny education. The state recognizes these types of education, creates conditions for development of the subjects of educational activities providing the corresponding educational services and also encourages education of all types.

2. Formal education is education which is acquired according to educational programs according to certain legislation to the education levels, to industries of knowledge, specialties (professions) and provides achievement by job seekers of formation of the results of training of appropriate level of education and receipt of qualifications determined by standards of education who are recognized the state.

3. Informal education is education which is acquired, as a rule, according to educational programs and does not provide award of the educational qualifications recognized by the state on the education levels, but can come to the end with assignment professional and/or award of partial educational qualifications.

4. Informalny education (self-education) is education which provides the self-organized receipt of certain kompetentnost by person, in particular during the daily activities connected with professional, public or other activity, family or leisure.

5. The results of training received by informal and/or informalny education are recognized system of formal education according to the procedure, determined by the legislation.

Article 9. Education forms

1. Person has the right to get education in different forms or combining them.

The main forms of education are:

institutional (internal (day, evening), correspondence, remote, network);

individual (eksternatny, family (house), pedagogical patronage, on workplace (on production);

dual.

2. Internal (day, evening) the form of education is method of the organization of training, job seekers of education which assumes their direct participation in educational process.

3. The correspondence form of education is method of the organization of training, job seekers of education by education full-time combination during the short-term sessions and independent mastering the educational program in interval between them.

4. The remote form of education is individualized process of education which happens generally to the mediated interaction of the participants of educational process removed from each other in the specialized circle which functions based on modern psychology and pedagogical and information and communication technologies.

5. The network form of education is method of the organization of training, job seekers of education thanks to which mastering the educational program happens with the participation of different subjects of educational activities which interact among themselves on a contract basis.

6. The Eksternatny form of education (external studies) is method of the organization of training, job seekers of education on whom the educational program is completely acquired by the job seeker independently, and estimation of results of training and award of educational qualification are performed according to the legislation.

7. The family (house) form of education is method of the organization of educational process of children independently their parents for obtaining formal (preschool, complete general average) and/or informal education. Responsibility for education by children at the level not below standards of education is born by parents. Estimation of results of training and award of educational qualifications are performed according to the legislation.

8. Pedagogical patronage is method of the organization of educational process by pedagogical workers which assumes ensuring assimilation of the educational program by them the job seeker of education who on psychophysical condition or for other reasons determined by the legislation, in particular for the purpose of ensuring availability of education requires such form.

9. Education on workplace is method of the organization of training, job seekers of education thanks to which mastering the educational program (as a rule, professional (professional), professional prehigher education) happens on production by skills training, participation performed by labor obligations and tasks under the leadership of the experts specialists involved to educational process.

10. The dual form of education is the method of education providing combination of training of persons in organizations of education (at other subjects of educational activities) with training at workplaces at the companies, in organizations and the organizations for acquisition of certain qualification, as a rule, on the basis of the agreement.

11. Features of application of forms of education for the different education levels can be determined by special laws.

12. Regulations on forms of education affirm the central executive body in the field of science and education.

Section IІ Structure of Education

Article 10. Components and education levels

1. The integral components of education system are:

preschool education;

complete general secondary education;

out-of-school education;

specialized education;

professional (professional) education;

professional prehigher education;

the higher education;

education of adults, including post-qualifying education.

2. The education levels are:

preschool education;

primary education;

basic secondary education;

profile secondary education;

first (initial) level of professional (professional) education;

second (basic) level of professional (professional) education;

third (highest) level of professional (professional) education;

professional prehigher education;

initial level (short cycle) of the higher education;

first (baccalaureate) level of the higher education;

second (master) level of the higher education;

third (образовательно-научный/образовательно-творческий) level of the higher education;

the paragraph the fourteenth is excluded according to the Law of Ukraine of 30.03.2021 No. 1369-IX

3. In system of out-of-school education and education of adults (including post-qualifying education) partial qualifications can be acquired.

Article 11. Preschool education

1. The purpose of preschool education is ensuring complete development of the child, its physical, mental and creative abilities by education, training, socialization and forming of necessary life skills.

2. Children of the advanced preschool age are surely covered by preschool education according to the standard of preschool education.

3. Responsibility for receipt of preschool education by children is born by parents.

4. Parents independently choose methods and forms with which they provide realization of the right of children to preschool education.

5. Local government bodies create conditions for receipt of preschool education in the way:

forming and developments of network of organizations of education;

order of training of pedagogical workers;

implementation of educational programs of informal education for parents;

holding other actions.

6. The procedure, conditions, forms and features of receipt of preschool education are determined by the special law.

Article 12. Complete general secondary education

1. The purpose of complete general secondary education is all-round development, education and socialization of the personality who is capable to life in society and to civilized interaction with the nature, has aspiration to self-improvement and training during life, is ready to the conscious vital choice and self-realization, responsibility, labor activity and civil activity.

Achievement of this purpose is provided by forming of the core competencies necessary for each modern person for successful life activity:

free ownership of state language;

the capability to communicate on native (in case of difference from state) and foreign languages;

mathematical competence;

competence of the field of natural sciences, equipment and technologies;

innovation;

ecological competence;

information and communication competence;

training during life;

civil and social competence, democracies connected with the ideas, justice, equality, human rights, welfare and healthy lifestyle, with understanding of the equal rights and opportunities;

cultural competence;

enterprise and financial literacy;

others of competence, the educations provided by the standard.

General for all competences are the following abilities: reading with understanding, ability to express the thought orally and in writing, critical and systems thinking, capability to logically prove line item, creativity, initiative, ability to manage structurally emotions, to estimate risks, to make decisions, to solve problems, capability to cooperate with other people.

2. Complete general secondary education in Ukraine is obligatory and is acquired in the institutional or individual forms determined by the legislation, as a rule, in education institutions.

3. Complete general secondary education has three steps of education:

primary education lasting four years;

basic secondary education lasting five years;

profile secondary education lasting three years.

Primary, basic, secondary and profile secondary education can be acquired in separate educational institutions or in structural divisions of one legal entity (organization of education).

4. Primary education is given, as a rule, since six years. Children to whom for the beginning of academic year seven years were performed shall begin receipt of primary education from same academic year.

5. Persons with special educational needs can begin receipt of primary education with other age, and duration of receipt of primary and basic secondary education by them can be prolonged with amendment of the educational program of the correctional developing component. Features of receipt of complete general secondary education by such persons are determined by the special law.

6. At the levels of primary and basic secondary education educational process can be organized on the cycles determined by the special law, separation into which is performed taking into account age features of physical, mental and intellectual development of children.

7. Receipt of profile secondary education provides two directions:

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