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LAW OF UKRAINE

of June 6, 2019 No. 2745-VIII

About professional prehigher education

(as amended on 07-09-2021)

This Law determines procedure, conditions, forms and features of receipt of professional prehigher education and 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 professional prehigher education.

This Law establishes the main legal, organizational, financial basis of functioning of system of professional prehigher education, creates conditions for combination of education with production for the purpose of training of competitive specialists for ensuring requirements of society, the labor market and the state.

Section I General provisions

Article 1. Main terms and their determinations

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

1) the academic mobility in professional prehigher education - possibility of participants of educational process to study, to teach, train or carry out research (creative, sports) activities in other educational institution (scientific institution) in the territory of Ukraine or beyond its limits;

2) accreditation of the educational and professional program - assessment of the educational and professional program and educational activities of organization of professional prehigher education for this program regarding providing and quality excellence of professional prehigher education;

3) certification of job seekers of professional prehigher education - establishment of compliance of results of training of job seekers of professional prehigher education in requirements of the educational and professional program and/or to requirements of the program of single state qualification examination;

4) research activities in the field of professional prehigher education - the activities of organization of professional prehigher education directed to carrying out scientific research for the purpose of obtaining and use of new knowledge and implementation of technical and scientific and technical developments;

5) innovative activities in the field of professional prehigher education - the activities of organization of professional prehigher education directed to creation or enhancement of competitive technologies, including information, products or services; transformation of research and development in practical activities, new approach to provision of educational services, their adaptation to requirements of the labor market and society; award enforcement of organizational and technical, production, administrative or other nature, productions significantly improving quality and/or the social sphere;

6) the educational and professional program in the field of professional prehigher education - single complex of the educational components (subject matters, individual tasks, the practician, control actions) directed to achievement of certain results of training which grants the right to certain educational and professional qualification;

7) profession for which additional regulation is entered, - type of professional activity, access to which, except availability of formation of appropriate level and specialty, is determined by the law or the international treaty;

8) the regional order in the field of professional prehigher education - means of requirements satisfaction of economy of the state, region and society in qualified personnel, ensuring constitutional right of citizens on education by the conclusion the regional customer (regional, Kiev, Sevastopol the city public administrations) with organization of professional prehigher education of the regional contract on training of specialists of educational and professional degree of the professional junior bachelor and/or bachelor;

9) specialization - constituting specialties which are determined by organization of professional prehigher education and assumes the profile specialized educational and professional program of training of job seekers of professional prehigher education;

10) the standard of professional prehigher education - set of requirements to educational and professional programs of professional prehigher education which are general for all educational and professional programs within certain specialty;

11) studentooriyentirovanny training - approach to the organization of educational process which assumes:

encouragement of job seekers of professional prehigher education to role of autonomous and responsible subjects of educational process;

creation of the educational circle oriented to requirements satisfaction and interests of job seekers of professional prehigher education including provision of opportunities for forming of individual educational trajectory;

creation of educational process on the principles of mutual respect and partnership of job seekers of professional prehigher education and administration, pedagogical (scientific and pedagogical) and other employees of organization of professional prehigher education;

12) quality of professional prehigher education - compliance of conditions of educational activities and results of training in requirements of the legislation and to standards of professional prehigher education, professional and/or international standards (in the presence), and also to requirements of concerned parties and societies which is provided by implementation of procedures of internal and external quality assurance of education.

2. Terms: "the industry of knowledge", "The European credit transfer and accumulative system (EKTS)", "EKTS credit", "scientific and methodical council", "the scientific and methodical commission", "specialties" are used in this Law in the values given in the Law of Ukraine "About the higher education".

3. Other terms are used in this Law in the values given in the laws of Ukraine "About education", "About licensing of types of economic activity", "About forming and placement of the state order on training of specialists, scientific, scientific and pedagogical and personnel, advanced training and retraining of personnel".

Article 2. Legislation of Ukraine on professional prehigher education

1. The legislation of Ukraine on professional prehigher education is based on the Constitution of Ukraine and consists of the Law of Ukraine "About education", this Law and other regulatory legal acts, international treaties of Ukraine.

If international treaties of Ukraine establish other rules, than those that are provided by the national legal system, rules of international treaties of Ukraine are applied.

2. The rights of organization of professional prehigher education which determine its autonomy, established by this Law cannot be limited to other laws or regulatory legal acts.

3. The organization of professional prehigher education has the right to independently make the decision on any questions within the autonomy determined by the legislation and constituent documents including on the questions which are not settled by the legislation.

Article 3. Right to professional prehigher education

1. Everyone has the right to quality and available professional prehigher education. The right to professional prehigher education includes the right to professional prehigher education throughout all life, the right to availability of professional prehigher education, the right on free professional prehigher education in the cases and procedure determined by the law.

2. The right to professional prehigher 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. Nobody can be limited in the right to professional prehigher education, except the cases established by the Constitution and the laws of Ukraine.

3. Establishment of the restrictions and privileges determined by the specific conditions of receipt of professional prehigher education caused by features of receipt of qualification is not considered discrimination.

4. For realization of the right to professional prehigher education by persons with special educational needs of organization of professional prehigher education create necessary conditions for receipt of quality professional prehigher education by such persons.

5. Citizens of Ukraine are free in the choice of organization of professional prehigher education, form of its obtaining, specialty and the educational and professional program. The job seeker of professional prehigher education has the right to independently determine duration of accomplishment of the educational and professional program of professional prehigher education, but any kind of its financing at the expense of means of the general fund of the government or local budget is performed not longer, than the training term determined by the law and the standard of professional prehigher education.

6. Foreigners and stateless persons which constantly live in Ukraine and also persons who are recognized as refugees in Ukraine, persons who need additional or temporary protection, and persons to whom the status of the foreign Ukrainian which stay in Ukraine on legal causes is provided have the right to professional prehigher education on an equal basis with citizens of Ukraine.

7. All persons who get professional prehigher education in organization of professional prehigher education have the equal rights and obligations taking into account the features determined by the legislation and constituent documents of organization of professional prehigher education.

Article 4. Providing right to free professional prehigher education

1. Citizens of Ukraine have the right free of charge to get professional prehigher education, profile secondary education of the professional or academic direction at the expense of educational subvention from the government budget to local budgets for receipt of complete general secondary education, and also on financial support at the expense of means of the state and local budgets in organizations of professional prehigher education of all patterns of ownership and spheres of management, including within the state and/or regional order placed in them on competitive basis according to standards of professional prehigher education.

2. The state guarantees free providing with textbooks, including electronic, benefits of all job seekers of complete general secondary education in organizations of professional prehigher education and pedagogical workers who provide profile secondary education in such organizations, according to the procedure, established by the Cabinet of Ministers of Ukraine.

3. During receipt of professional prehigher education by persons who according to the legislation need social support protection of such persons according to the procedure and on the regulations determined by the legislation is performed.

4. Foreigners and stateless persons which constantly live in Ukraine and also persons who are recognized as refugees in Ukraine, persons who need additional or temporary protection, and persons to whom the status of the foreign Ukrainian which stay in Ukraine on legal causes is provided have the right to free receipt of professional prehigher education on an equal basis with citizens of Ukraine.

Article 5. State policy in the field of professional prehigher education

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

2. The state promotes development of organizations of professional prehigher education as centers of receipt of complete and partial qualifications in spheres of professional prehigher and professional (professional) education, and also the qualification centers authorized on assessment and recognition of the results of training, in particular, received by informal or informalny education assignment and/or confirmation of professional qualifications of appropriate level.

3. State policy in the field of professional prehigher education is based on the principles:

1) assistance to sustainable development of society by preparation of competitive human capital and creation of conditions for education during life;

2) availability of professional prehigher education;

3) the international integration and integration of system of professional prehigher education of Ukraine into the European educational space, on condition of preserving and development of achievements and progressive traditions of national education;

4) assistance to public-private partnership in the field of professional prehigher education;

5) implementations of mechanisms of stimulation of the companies, organizations, organizations of all patterns of ownership to provision of the first workplace to graduates of organizations of professional prehigher education;

6) encouragement of educational, innovative, research activities of organizations of professional prehigher education, conducting financial and economic activities on the basis of target, effective and rational use of material and financial resources.

Section II System of Professional Prehigher Education

Article 6. Constituting (components) of system of professional prehigher education

1. Constituting (components) of system of professional prehigher education:

1) organizations of professional prehigher education;

2) industries of knowledge and specialty;

3) licensed conditions of implementation of educational activities;

4) standards of professional prehigher education;

5) the bodies exercising control, supervision and control in the field of professional prehigher education;

6) scientific and methodical (educational and methodical) organizations;

7) participants of educational process.

Article 7. Level and degree of professional prehigher education

1. Level of professional prehigher education provides capability of person to solve standard specialized problems in separate industry of professional activity or in training process which requires application of provisions and methods of the corresponding sciences and can be characterized by uncertainty of conditions; responsibility for results of the activities; control of other persons in certain situations.

2. The professional junior bachelor is educational and professional degree which is appropriated at the level of professional prehigher education and is awarded by educational institution as a result of successful accomplishment by the job seeker of professional prehigher education of the educational and professional program.

3. Person can acquire professional prehigher education on the basis of basic secondary education, profile secondary education (irrespective of the received profile), professional (professional) education, professional prehigher education or the higher education. Persons who get professional prehigher education on the basis of basic secondary education shall execute at the same time the educational program of profile secondary education of the professional direction.

Person can acquire professional prehigher art education on the basis of primary art and basic secondary education with simultaneous accomplishment of the educational program of profile secondary education.

4. Training of professional junior bachelors is performed according to educational and professional programs according to industries of knowledge and specialties on which training of specialists with the higher education is performed.

5. The amount of the educational and professional program of the professional junior bachelor on the basis of profile secondary education makes 120-180 credits of EKTS from which to 60 credits of EKTS it can be offset based on recognition of results of training of persons having profile secondary education on the corresponding or related profile of specialty.

6. The amount of the educational and professional program of the professional junior bachelor on the basis of basic secondary education makes up to 240 credits of EKTS, including 120 credits of EKTS according to the educational program of profile secondary education of the professional direction integrated with it which corresponds to knowledge domain and/or specialty.

7. The amount of the educational and professional program of the professional junior bachelor on the basis of professional (professional) education, professional prehigher education or the higher education is determined by organization of professional prehigher education taking into account recognition of earlier received results of training. The amount of such program makes at least 50 percent of total amount of the educational and professional program on the basis of profile secondary education.

Article 8. Requirements to implementation of educational activities and standards of professional prehigher education

1. Requirements to personnel, educational methodically, material, organizational and information support of educational activities in the field of professional prehigher education are determined by licensed conditions of implementation of educational activities which affirm as the procedure established by the legislation.

2. Standards of professional prehigher education are developed for each specialty according to the National frame of qualifications and used for determination of content and estimation of results of educational activities for educational and professional programs of professional prehigher education. Standards of professional prehigher education are mandatory all subjects of educational activities irrespective of pattern of ownership and the sphere of management.

3. The standard of professional prehigher education determines the following requirements to the educational and professional program:

1) list of obligatory general and special kompetentnost and results of training of job seekers of professional prehigher education;

2) requirements to the previous education of persons which can begin training in this program;

3) the amount of the credits of EKTS necessary for receipt of degree of the professional junior bachelor on the corresponding specialty;

4) forms of certification of job seekers of professional prehigher education;

5) requirements to system of internal quality assurance of professional prehigher education;

6) requirements of professional standards (in the presence).

4. Standards of professional prehigher education of the specialties necessary for access to professions for which additional regulation is entered may contain additional requirements to Regulations of Admission, structure of the educational and professional program, content of education, the organization of educational process and certification of graduates. The normative content of professional training of job seekers of the prehigher education for the appropriate educational programs is created in terms of program results of training.

5. Methodical recommendations concerning structure and procedure for development of standards of professional prehigher education are determined by the central executive body in the field of science and education.

6. Develops standards of professional prehigher education, claims and publishes on the official website the central executive body in the field of science and education (except standards of specialized professional prehigher education) taking into account offers of industry state bodies which provide forming and realize state policy in the respective spheres, and branch associations of the organizations of employers. Standards of professional prehigher education shall be suitable for harmonization with the corresponding professional standards and standards of the higher education within the National frame of qualifications.

7. The central executive body in the field of science and education forms the sector of professional prehigher education of Scientific and methodical council, and also the scientific and methodical commissions on professional prehigher education for development of standards of professional prehigher education with participation of representatives of the scientific and methodical commissions of the higher education.

Article 9. Specialized professional prehigher education

1. Specialized professional prehigher education is professional prehigher education of the art, sports or military direction which provides competences of the respective sphere of professional activity.

Bases of functioning of system of specialized professional prehigher education are determined by the Law of Ukraine "About education".

The state creates conditions for receipt of professional prehigher education of the art, sports and military direction, including in organizations of specialized professional prehigher education.

2. Professional prehigher art education provides acquisition by person of complex professional, including performing, competences and is directed to professional art and creative self-realization of the personality, receipt of qualifications in different types of art, including preparation of pedagogical personnel for organizations of primary art education.

Professional prehigher art education is acquired on the basis of primary art and basic secondary education with simultaneous receipt of profile secondary education or on the basis of profile secondary education and consists in acquisition by the job seeker of formation of professional competences on certain art criticism specialty.

Persons who get professional prehigher art education in organizations of specialized art education of the state pattern of ownership along with senior secondary education are free of charge provided with places in hostels (nursing homes), food, the educational equipment and grants according to the legislation.

Regulations on organizations of professional prehigher art education affirm the Cabinet of Ministers of Ukraine on representation of the central executive body in the field of culture.

3. Professional prehigher sports education assumes assimilation of the educational and professional program for the corresponding sport for the purpose of acquisition of complex of professional competences in the field of physical culture and sport, forming and development of individual capabilities of the personality, profound mastering specialization in the chosen sport and is acquired on the basis of primary sports and basic secondary education with simultaneous receipt of profile secondary education or on the basis of profile secondary education.

Educational and professional programs for the corresponding sport are developed by All-Ukrainian federations on sports and affirm the central executive body in the field of physical culture and sport.

Persons who get professional prehigher sports education in organizations of specialized education of sports profile are gratuitously provided with places in hostels, food, organic front door and sportswear, sports equipment and grants according to the legislation.

4. Professional prehigher military education assumes assimilation of the educational and professional program for military preparation for the purpose of acquisition of complex of professional competences, forming and development of individual capabilities of the personality and profound mastering military specialization and is acquired on the basis of profile secondary education.

Educational and professional programs for military preparation are developed by organizations of formation of specialized military (military and sports) profile and affirm public authorities which sphere of management the relevant organizations of education treat.

Professional prehigher military education provides military professional training of faces of ordinary, sergeant (foreman) structure of military service under the contract which is performed according to educational and professional programs of professional prehigher education.

Persons who get professional prehigher military education in organizations of military vocational education (military and sports) profile are gratuitously provided with places in hostels, food, cash, medical, ware and other cover according to the legislation.

Regulations on organizations of military specialized education (military and sports) profile affirm public authorities which sphere of management educational institutions treat.

5. Standards of specialized professional prehigher education on each specialty are developed and affirm the central executive bodies which provide forming and realize state policy in the respective spheres, and will be promulgated on official websites of these bodies and the official website of the central executive body in the field of science and education within 10 working days after their approval.

6. Organizations of specialized professional prehigher education perform educational activities for own educational and professional programs, including end-to-end (which cover more than one education level), or according to the standard educational and professional programs approved by the central executive bodies which sphere of management the relevant organizations of education treat.

Accreditation of educational and professional programs of specialized professional prehigher education and institutional audit of organizations of specialized professional prehigher education are performed with obligatory involvement of representatives of the respective sphere who meet the qualification requirements determined by Regulations on accreditation of educational and professional programs.

Job seekers of specialized professional prehigher education who get professional prehigher education according to end-to-end educational programs arrive on programs of professional prehigher education according to the procedure, determined by the central executive body in the field of science and education in coordination with the central executive bodies which sphere of management the relevant organizations of education treat.

7. Receipt of specialized professional prehigher education is performed at the expense of means of the government budget, including by provision of educational subvention from the government budget to local budgets, the local budgets and other sources which are not prohibited by the legislation.

Article 10. Documents on professional prehigher education

1. The document on professional prehigher education - the diploma of the professional junior bachelor is issued to person which successfully executed the appropriate educational and professional program.

2. In the diploma of the professional junior bachelor are specified: the name of organization of professional prehigher education (other subject of educational activities) which issued this document (in case of receipt of professional prehigher education in structural division of institution of higher education, branch of organization of professional prehigher education - the name of such division or branch); educational qualification which consists of information on the educational and professional degree obtained by person, specialty, specialization, the educational and professional program; professional qualification (in case of assignment).

Integral part of the diploma of the professional junior bachelor is appendix to the diploma which contains the structured information about trained. Appendix to the diploma contains information on results of training of person consisting of information on the name of disciplines, the received estimates and received quantity of the credits of EKTS, and also data on system of professional prehigher education of Ukraine.

3. In case of receipt of professional prehigher education according to the accredited educational and professional program in the diploma of the professional junior bachelor the name of body (bodies) of accreditation, and in appendix to the diploma of the professional junior bachelor - information on the appropriate accreditation certificates published by it (them), decisions is specified.

4. Procedure for production, issue and accounting of documents on professional prehigher education, requirements to their form and/or content affirm the central executive body in the field of science and education.

5. Information on the issued education documents is entered by organizations of professional prehigher education (except organizations of professional prehigher military education, organizations of professional prehigher specialized military education) in Single state electronic base concerning education.

6. Documents on receipt of professional prehigher education for persons who studied according to the state (regional) order are made at the expense of means state (corresponding local) the budget. The cost of production of documents on receipt of professional prehigher education for persons who studied for means of physical persons or legal entities joins in the cost of its obtaining.

The ceiling price of the documents on receipt of professional prehigher education made at the expense of means of the government (local) budget is established by the Cabinet of Ministers of Ukraine.

Documents on professional prehigher education are issued by organizations of professional prehigher education, other subjects of provision of professional prehigher education in the place of study of the job seeker.

The Section III Management in the field of professional prehigher education

Article 11. Governing bodies in the field of professional prehigher education

1. Control in the field of professional prehigher education within the powers is exercised:

1) Cabinet of Ministers of Ukraine;

2) the central executive body in the field of science and education;

3) the central executive body on education quality assurance;

4) state bodies which sphere of management organizations of professional prehigher education or institution of higher education treat;

5) authorities of the Autonomous Republic of Crimea, local government bodies which sphere of management organizations of professional prehigher education treat.

Article 12. Powers of the Cabinet of Ministers of Ukraine

1. Cabinet of Ministers of Ukraine:

1) is provided by carrying out state policy in the field of professional prehigher education;

Develops 2), claims and realizes the state target programs in the field of professional prehigher education, including on establishment of special conditions of training of specialists on priority high-technology specialties, approves the list of specialties on which training of specialists by professions for which additional regulation is entered is performed;

3) publishes within the powers regulatory legal acts concerning professional prehigher education;

4) directly or through the body authorized by it performs the rights and the founder's obligations provided by this Law and other laws of Ukraine concerning organizations of professional prehigher education of the state pattern of ownership;

5) provides equal conditions of development of organizations of professional prehigher education of all patterns of ownership and spheres of management;

6) provides development and implementation of actions for creation of material and technical resources and other conditions necessary for development of organizations of professional prehigher education of the state pattern of ownership, promotes development of organizations of professional prehigher education of all patterns of ownership;

7) is determined by procedure for forming and distribution of means of the government budget for financing of receipt of professional prehigher education, including by provision of educational subvention from the government budget to local budgets;

8) approves procedure and conditions of transfer to lease of property (except the parcels of land) and the equipment of public institutions of professional prehigher education;

9) performs other powers provided by the law.

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