LAW OF UKRAINE

of July 1, 2014 No. 1556-VII

About the higher education

This Law establishes legal, organizational, financial basis of functioning of system of the higher education, creates conditions for strengthening of cooperation of state bodies and business with higher educational institutions on the principles of autonomy of higher educational institutions, education combinations to science and production for the purpose of preparation of competitive human capital for high-technology and innovative development of the country, self-realization of the personality, ensuring requirements of society, the labor market and the state in qualified specialists.

Section I General provisions

Article 1. Main terms and their determinations

1. In this Law the following basic concepts are used:

1) autonomy of institution of higher education - independence, independence and responsibility of institution of higher education in decision making on development of the academic freedoms, the organization of educational process, scientific research, internal management, economic and other activity, independent matching and placement of personnel in the limits established by this Law;

1-1) academic virtues - set of ethical principles and determined by the Law of Ukraine "About education", this Law and other laws of Ukraine of rules by which participants of educational process shall be guided during training, teaching and implementation of scientific (creative) activities for the purpose of providing trust to results of training and/or scientific (creative) achievements

2) the academic mobility - possibility of participants of educational process to study, to teach, train to carry out scientific activities in other institution of higher education (scientific institution) in the territory of Ukraine or beyond its limits;

3) the academic freedom - independence and independence of participants of educational process in case of production of the pedagogical, scientific and pedagogical, scientific and/or innovative activities performed on liberty principles of the word and creativity, dissemination of knowledge and information, carrying out scientific research and use of their results is also implemented taking into account the restrictions established by the law;

4) accreditation of the educational program - assessment of the educational program and/or educational activities of institution of higher education for this program regarding providing and quality excellence of the higher education:

the paragraph two is excluded according to the Law of Ukraine of 18.12.2019 No. 392-IX;

the paragraph third is excluded according to the Law of Ukraine of 18.12.2019 No. 392-IX;

the paragraph the fourth is excluded according to the Law of Ukraine of 18.12.2019 No. 392-IX;

5) the higher education - set of the systematized knowledge, abilities and practical skills, methods of thinking, professional, world outlook and civil qualities, moral and ethical values, other competences received in institution of higher education (scientific institution) in the corresponding knowledge domain on certain qualification at the levels of the higher education of complexity above, than the level of complete general secondary education;

6) the highest military educational institution - institution of the higher education of the state pattern of ownership which performs at the certain levels of the higher education training of cadets (listeners, students), graduateds in a military academy for further service on positions officer (sergeant and foreman) structure for the purpose of requirements satisfaction of the Armed Forces of Ukraine formed according to the laws of Ukraine of other military forming, the central executive bodies with the special status, the Security Service of Ukraine, Service of foreign intelligence of Ukraine, other prospecting bodies of Ukraine, the central executive body, realizing state policy in the field of protection of frontier;

6-1) institution of higher education with specific conditions of training - institution of higher education of the state pattern of ownership which performs at the certain levels of the higher education training of cadets (listeners, students), graduateds in a military academy for further service on positions of average and highest structure of National police of Ukraine, administrative board for the purpose of satisfaction of needs of the Ministry of Internal Affairs of Ukraine, the central executive body realizing state policy in the field of civil protection, the central executive body realizing state policy in the field of execution of criminal penalties;

7) institution of higher education - the separate type of organization which is legal entity of the private or public law acts according to the granted license for implementation of educational activities on certain levels of the higher education, carries out scientific, scientific and technical, innovative and/or methodical activities, provides the organization of educational process and receipt of the higher education by persons, post-qualifying education taking into account their callings, interests and capabilities;

8) industry of knowledge - the wide subject domain of science and education harmonized with the International standard classification of education which includes group of related specialties;

9) the European translation system and accumulatings of the credits (ESPNK) - the translation system and accumulatings of the credits used in the European space of the higher education for the purpose of provision, recognition of confirmation of qualification and educational components also promotes the academic mobility of job seekers of the higher education. The system is based on determination of academic load of the job seeker of the higher education necessary for achievement of certain results of training, and is considered in ESPNK credits;

10) the founder of institution of higher education - public authorities on behalf of the state, the relevant council on behalf of territorial community (communities), physical person and/or legal entity, according to the decision and at the expense of which property the institution of higher education is founded. The rights of the founder provided by this Law are acquired also on the bases provided by the civil legislation;

11) job seekers of the higher education - persons who study in institution of higher education at the certain level of the higher education for the purpose of receipt of the corresponding degree and qualification;

12) qualification - official result of assessment and the recognition gained when the authorized institution determined that person reached competences (results of training) according to standards of the higher education, makes sure the relevant document on the higher education;

13) competence - capability of the personality it is successful to be socialized, study, to perform professional activity which evolves from dynamic combination of knowledge, abilities, skills, methods of thinking, views, values, other personal qualities;

14) the credit of the European translation system and accumulating of the credits (further - ESPNK credit) - unit of measure of amount of academic load of the job seeker of the higher education necessary for achievement of a certain (expected) results of training. The amount of one credit of ESPNK makes 30 hours. Loading of one academic year on day form of education constitutes, as a rule, 60 credits of ESPNK;

15) licensing - the procedure of recognition of capability of the legal entity to perform educational activities according to licensed conditions of implementation of educational activities;

16) educational activities - activities of institutions of higher education which are directed to the organization, providing and realization of educational process;

17) educational (educational and professional, educational and scientific or educational and creative) the program - single complex of the educational components (subject matters, individual tasks, the practician, control actions) directed to achievement of the results of training provided by such program who grants the right certain educational or educational and professional (professional) qualification (qualifications). The educational program can determine single specialization in its limits or not provide specialization;

18) person with special educational needs - person with disability which needs additional support for ensuring receipt of the higher education;

18-1) 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;

18-2) regional order in the field of the higher education - means of requirements satisfaction of economy of the state, region and society in qualified personnel, ensuring constitutional right of citizens on the higher education by the conclusion the regional customer (Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev, Sevastopol city public administrations) with institution of the higher education of the regional contract on training of specialists with the higher education.

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

20) specialization - constituting specialties which can be determined by institution of the higher education and provide one or several profile specialized educational programs of the highest or post-qualifying education;

21) specialty - the subject domain of science and education harmonized with the International standard classification of education which combines the related educational programs providing general requirements to competences and results of training of graduates;

22) steady fund (endaument) of institution of higher education - the amount of means or cost of other property intended for investment or capitalization for the term of at least 36 months from which passive incomes are used by institution of higher education for the purpose of implementation of authorized activities according to the procedure, determined by the benefactor or person authorized by it;

22-1) studentotsentrirovanny training - approach to the organization of educational process which assumes:

encouragement of job seekers of the higher 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 the higher education, in particular, provision of opportunities for forming of individual educational trajectory;

creation of educational process on the principles of mutual respect and partnership between participants of educational process;

22-2) No. 744-IX is excluded according to the Law of Ukraine of 03.07.2020

22-3) authorized institution of the higher education - institution of the higher education to which the central executive body in the field of science and education establishes quotas of transfer of persons which residence is temporarily occupied territory, for receipt of the higher education on competitive basis according to the state order;

23) quality of the higher education - compliance of conditions of implementation of educational activities and results of training in requirements of the legislation and to standards of the higher 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;

24) No. 392-IX is excluded according to the Law of Ukraine of 18.12.2019.

2. The terms "license", "licensed conditions", "body of licensing" are used in this Law in the values given in the Law of Ukraine "About licensing of types of economic activity".

Terms "the Ukrainian civil identity", "the Ukrainian national identity", "defense consciousness" are used in this Law in the values given in the Law of Ukraine "About the basic principles of state policy in the field of approval of the Ukrainian national and civil identity".

Article 2. Legislation of Ukraine on the higher education

1. The legislation of Ukraine on the higher education is based on the Constitution of Ukraine and consists of the laws of Ukraine "About education", "About scientific and scientific and technical activities", this Law and other regulatory legal acts, international treaties of Ukraine signed in the procedure established by the law.

2. If international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establish other rules, than those which are provided by the national legal system are applied rules of international treaties.

3. The rights of institution of higher education determining its autonomy, established by this Law cannot be limited to other laws or regulatory legal acts.

Article 3. State policy in the field of the higher education

1. State policy in the field of the higher education is determined by the Verkhovna Rada of Ukraine, and implement the Cabinet of Ministers of Ukraine and the central executive body in the field of science and education.

2. State policy in the field of the higher 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;

1-1) assistance to approval of the Ukrainian national and civil identity, to fostering patriotism, forming of defense consciousness;

2) availability of the higher education;

3) independence of receipt of the higher education of political parties, public and religious organizations (except organizations of the higher spiritual education);

4) the international integration and integration of system of the higher education of Ukraine in the European space of the higher education, on condition of preserving and development of achievements and progressive traditions of the national higher school;

5) succession of process of receipt of the higher education;

6) the state support of training of specialists with the higher education for priority industries of economic activity, the directions of basic and applied scientific research, scientific and pedagogical, art and pedagogical activities;

7) the state support of educational, scientific, scientific and technical, art and innovative activities of universities, academies, institutes, colleges, including by provision of privileges on tax payment, charges and other obligatory payments to the institutions of higher education performing such activities;

8) assistance to implementation of public-private partnership in the field of the higher education;

9) opennesses of forming of structure and amount of educational and professional training of specialists with the higher education.

3. Forming and realization of state policy in the field of the higher education are provided in the way:

1) harmonious interaction of national education systems, science, art, business and the state for the purpose of ensuring sustainable social and economic development of the state;

2) preserving and developments of system of the higher education and improvement of quality of the higher education;

3) expansions of opportunities for receipt of the higher education and education during life;

4) creation and providing equal conditions of access to the higher education, including providing with additional support in educational process of persons with special educational needs, including psychology and pedagogical maintenance, creation for them open entry to infrastructure of institution of higher education;

5) developments of autonomy of institutions of higher education and academic freedom of participants of educational process. Autonomy of institution of higher education predetermines need of such self-organization and self-regulation which are open for criticism, serve public interest, establishment of the truth concerning the challenges facing the state and society are performed is transparent and publicly;

6) determinations of the balanced structure and amount of training of specialists with the higher education taking into account needs of the personality, interests of the state, territorial communities and employers;

7) ensuring development of scientific, scientific and technical, art and innovative activities of institutions of higher education and their integration with production;

8) provisions to persons studying in institutions of higher education, privileges and social guarantees according to the procedure, established by the legislation;

9) proper state support of training of specialists from among persons with special educational needs on the basis of providing them with additional support, in particular psychology and pedagogical maintenance, and creation for them open entry to educational process, in particular providing open entry to infrastructure of institution of higher education;

10) creations of conditions for realization by graduates of institutions of higher education of right to work, providing guarantee of equal opportunities at the choice of place of employment, type of labor activity at the companies, in organizations and the organizations of all patterns of ownership taking into account graduated and according to public requirements;

11) implementations of mechanisms of stimulation of the companies, organizations, organizations of all patterns of ownership to provision of the first workplace to graduates of institutions of higher education.

4. The state promotes development of institutions of higher education as centers of independent opinion.

Article 4. Right to the higher education

1. Everyone has the right to the higher education.

Citizens of Ukraine have the right to get higher education free of charge in the state and utility institutions of higher education on competitive basis if the citizen receives certain degree of the higher education for the first time for the account of means of the government or local budget, and also in other cases, stipulated by the legislation.

Citizens of Ukraine are free in the choice of institution of higher education, form of receipt of the higher education and specialty.

Citizens of Ukraine who did not finish training for means of the government or local budget in certain extent of education have the right to get higher education repeatedly free of charge in state and utility institutions of higher education on the same extent of education, on condition of compensation in the government or local budget of the means spent for fee on training of specialists, according to the procedure, established by the Cabinet of Ministers of Ukraine.

The right to the higher education is guaranteed irrespective of age, nationality, the residence, floor, skin color, social and property status, nationality, language, origin, the state of health, the relation to religion, criminal record availability, and also against other circumstances. Nobody can be limited in the right to the higher education, except the cases established by the Constitution and the laws of Ukraine.

It is not considered discrimination of the right to the higher education of establishment of restrictions and privileges which are determined by the specific conditions of receipt of the higher education caused by features of receipt of qualification.

For realization of the right to the higher education by persons with special educational needs of institution of higher education create them necessary conditions for receipt of quality higher education.

For realization of the right to the higher education by persons, needing social support according to the legislation, complete or partial financial provision their content during receipt of the higher education by them behind each educational level is performed.

Citizens of Ukraine have the right to get higher education free of charge on the second specialty in the state and utility institutions of higher education if for health reasons they lost opportunity to carry out service or job responsibilities on the qualification received earlier that is confirmed by withdrawals of medico-social commission of experts, and in other cases provided by the law.

2. Foreigners and stateless persons, including foreign Ukrainians who constantly live in Ukraine persons who are recognized as refugees, and persons who need additional protection, as well as other categories of foreigners and stateless persons in the cases provided by the law and/or the international treaty of Ukraine, have the right to the higher education on an equal basis with citizens of Ukraine, including at the expense of means of the government or local budget.

Other foreigners and stateless persons can get higher education for means of physical (legal) persons if other is not provided by international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, the legislation or agreements between institutions of higher education on the international academic mobility.

All persons who get higher education in institutions of higher education have the equal rights and obligations.

Section II Levels, degrees and qualifications of the higher education

Article 5. Levels and degrees of the higher education

1. Training of specialists with the higher education is performed according to the appropriate educational programs at such levels of the higher education:

initial level (short cycle) of the higher education;

first (baccalaureate) level;

second (master) level;

third (образовательно-научный/образовательно-творческий) level;

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

Initial level (short cycle) of the higher education provides acquisition by job seekers of the higher education of capability to the solution of standard specialized tasks in certain area of professional activity.

The first (baccalaureate) level of the higher education provides acquisition by job seekers of the higher education of capability to the solution of complex specialized challenges in certain area of professional activity.

The second (master) level of the higher education provides acquisition by job seekers of the higher education of capability to the solution of tasks of research and/or innovative nature in certain area of professional activity.

Third (образовательно-научный/образовательно-творческий) level assumes acquisition by job seekers of the higher education of capability to solve complex problems in the field of professional and/or research and innovative activity.

Educational and scientific level of the higher education provides receipt by person of the theoretical knowledge, abilities, skills and other competences sufficient for producing the new ideas, solutions of complex problems in the field of professional and/or research and innovative activity, mastering methodology of scientific and pedagogical activities, and also carrying out own scientific research which results have scientific novelty, theoretical and practical value.

Educational and creative level of the higher education assumes mastering methodology of art and art and pedagogical activities, implementation of the independent creative art project, receipt of practical skills of producing the new ideas and the solution of theoretical and practical problems in the creative art sphere.

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

2. Receipt of the higher education at each level of the higher education assumes successful accomplishment by person of the educational program which is the basis for award of the corresponding degree of the higher education:

1) junior bachelor;

2) bachelor

3) master;

4) doctor philosophy/doctor of arts;

5) doctor of science.

3. The junior bachelor is educational or educational and professional degree which turns out at the initial level (short cycle) of the higher education and is awarded by institution of higher education as a result of successful accomplishment by the job seeker of the higher education of the educational program which amount makes 120 credits of EKTS. For receipt of educational degree of the junior bachelor on the basis of professional prehigher education the institution of higher education has the right to recognize and перезачесть the credits of EKTS which maximum amount is determined by the standard of the higher education.

Person has the right to receive degree of the junior bachelor on condition of availability at it complete general secondary education.

4. The bachelor is educational degree which turns out at the first level of the higher education and is awarded by institution of higher education as a result of successful accomplishment by the job seeker of the higher education of the educational and professional program which amount makes 180-240 credits of EKTS. For receipt of educational degree of the bachelor on the basis of educational degree of the junior bachelor or on the basis of professional prehigher education the institution of higher education has the right to recognize and перезачесть the credits of EKTS which maximum amount is determined by the standard of the higher education.

Person has the right to receive the bachelor's degree on condition of availability at it complete general secondary education.

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

6. The doctor of philosophy is the educational and at the same time scientific degree received at the third level of the higher education on the basis of the master's degree. Degree of the doctor of philosophy is awarded by the one-time specialized academic council of institution of higher education or scientific institution by results of successful accomplishment by the job seeker of the higher education of the appropriate educational and scientific program and public defense of a thesis in the one-time specialized academic council.

Person has the right to receive degree of the doctor of philosophy during study in postgraduate study (graduate military course). Persons who professionally perform scientific, scientific and technical or scientific and pedagogical activities for principle place of employment have the right to receive degree of the doctor of philosophy out of postgraduate study, in particular, during stay in sabbatical leave, on condition of successful accomplishment of the appropriate educational and scientific program and public defense of a thesis in the one-time specialized academic council.

The normative term of training of the doctor of philosophy in postgraduate study (graduate military course) constitutes four years. The amount of the educational constituting educational and scientific program of training of the doctor of philosophy makes 30-60 credits of ESPNK.

Scientific institutions can perform training of doctors of philosophy according to own educational and scientific program according to the obtained license for the related educational activity or according to the educational and scientific program which separate elements are provided with other scientific institutions and/or institution of higher education.

The doctor of art is the educational and creative degree received at the third level of the higher education on the basis of the master's degree. Person has the right to receive degree of the doctor of art in creative postgraduate study. The assistantship training which is form of preparation of art performing personnel of the top skills can be the first stage of receipt of degree of the doctor of art. The procedure for receipt of educational and creative degree of the doctor of art and training affirms the Cabinet of Ministers of Ukraine on representation of the central executive body in the field of culture in coordination with the central executive body in the field of science and education as assistantship training.

Degree of the doctor of art is awarded by the specialized council on award of degree of the doctor of art of institution of higher education of the art direction by results of successful accomplishment by the job seeker of the higher education of the appropriate educational and creative program and public protection of the creative art project according to the procedure, determined by the Cabinet of Ministers of Ukraine.

The normative term of training of the doctor of art in creative postgraduate study constitutes three years. The amount of educational component of the educational and creative program of training of the doctor of art makes 30-60 credits of EKTS.

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

Article 6. Certification of job seekers of the higher education

1. Certification is establishment of compliance of results of training (scientific or creative work) of job seekers of the higher education in requirements of the educational program and/or to requirements of the program of single state qualification examination.

2. Certification of persons receiving degree of the junior bachelor, bachelor or master is performed by examination committee which structure can join representatives of employers and their associations, according to the regulations on examination committee approved by the academic council of institution of higher education (scientific institution).

The institution of higher education based on the decision of examination committee awards to person who successfully executed the educational program at the certain level of the higher education, the corresponding degree of the higher education and appropriates the corresponding qualification.

Certification of persons on the first (baccalaureate) and/or the second (master) levels of the higher education can include single state qualification examination which is held on specialties and according to the procedure, certain Cabinet of Ministers of Ukraine.

The decision on award of degree of the higher education and assignment of the corresponding qualification is cancelled by institution of the higher education in case of identification of the facts of violation by the job seeker of the higher education of the academic conscientiousness, in particular availability in qualification work of the academic plagiarism, fabrication, falsification, according to the procedure, established by the Cabinet of Ministers of Ukraine.

3. Certification of persons receiving degree of the doctor of philosophy is performed by the permanent or one-time specialized academic council of institution of higher education or scientific institution, accredited by National agency on quality assurance of the higher education, based on public protection of scientific achievements in the form of the thesis. The job seeker of degree of the doctor of philosophy has the right to the choice of dissertation council.

Certification of persons receiving degree of the doctor of art is performed by the permanent or one-time specialized council on award of degree of the doctor of art of institution of higher education of the art direction accredited by National agency on quality assurance of the higher education based on public protection of creative achievements in the form of the creative art project. The job seeker of degree of the doctor of art has the right to the choice of specialized council on award of degree of the doctor of art.

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