Publication date: 12.07.2024
Liability for violation of the rules for the provision of educational services
Educational services are one of the key elements of the development of society and the state, forming the knowledge, skills and competences necessary for a successful future. In this regard, the quality and accessibility of educational services must be at a high level, which is guaranteed by the state through the establishment of appropriate standards and regulations. Ukraine has a number of legal acts regulating the provision of educational services and providing for liability for violation of these rules. In this article, we will consider the main aspects of liability for violation of the rules for the provision of educational services, the regulatory framework, types of violations, types of liability and the procedure for bringing to liability.
The legal framework
Liability for violation of the rules for the provision of educational services in Ukraine is regulated by several key legal acts:
TheConstitution of Ukraine:
- Guarantees the right of citizens to education, including free pre-school, complete general secondary, vocational and higher education in state and municipal educational institutions.
Law of Ukraine "On Education":
- Defines the main legal, organisational and financial principles of the education system, establishes the rights and obligations of participants in the educational process, and the procedure for the provision of educational services.
TheLaw of Ukraine "On General Secondary Education":
- Regulates legal relations in the field of general secondary education, establishes requirements for educational institutions, rights and obligations of students, parents and teachers.
TheLaw of Ukraine "On Higher Education":
- Defines the legal framework for the functioning of the higher education system, establishes requirements for higher education institutions, the rights and obligations of students and teachers, and the procedure for providing educational services.
Law of Ukraine "On Vocational (Professional) Education":
- Defines the legal, organisational and financial basis for the functioning of the vocational education system, sets requirements for vocational education institutions, rights and obligations of students and teachers.
Law of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for the protection of consumer rights, including those of users of educational services, establishes consumer rights, obligations of service providers and the procedure for handling consumer complaints.
Civil Code of Ukraine:
- Establishes general legal rules governing the conclusion, execution and termination of contracts, including contracts for the provision of educational services.
Code of Administrative Offences (CAO):
- Provides for administrative liability for violation of the requirements of the legislation on education, non-compliance with the standards and rules of activity in this area.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for crimes in the field of education, including negligence, fraud, and forgery.
Resolutions of the Cabinet of Ministers of Ukraine and other bylaws:
- Regulate certain aspects of the provision of educational services, define specific requirements for educational institutions and the rights of participants in the educational process.
Major violations of the rules for the provision of educational services
The main violations of the rules for the provision of educational services may include:
Failure toprovide educational services or their incomplete provision:
- The absence of promised educational services or their incomplete provision without justified reasons, which leads to inconvenience for students and pupils.
Inadequatequality of educational services:
- Poor quality of education, inconsistency with the promised learning environment, insufficient or incorrect teaching of subjects, lack of necessary teaching materials.
Violation of the terms of fulfilment of obligations:
- Failure to fulfil obligations to pupils and students in a timely manner, delays or postponement of training activities, uncoordinated changes to the curriculum.
Unlawful charging of fees:
- Charging for services that have not been provided or charging inflated amounts that do not correspond to actual costs.
Violation of consumer rights to information:
- Failure to comply with the requirements to provide pupils and students with reliable information on the terms of provision of educational services, curricula, rights and obligations of participants in the educational process.
Violation of the terms of contracts for educational services:
- Failure to comply with the terms of the agreements, including payment terms, terms of service, scope of services and other aspects.
Types of liability for violation of the rules for the provision of educational services
Violations of the rules for the provision of educational services may result in various types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violation of the requirements of the education legislation, non-compliance with standards and rules of operation. Sanctions may include fines, warnings, and temporary suspension of an educational institution or teacher. Such violations are subject to fines ranging from 10 to 200 tax-free minimum incomes, and in case of repeated violations - up to 500 tax-free minimum incomes.
Civil liability:
- Civil liability arises in the event of material or moral damage to pupils and students as a result of improper provision of educational services. Consumers have the right to claim damages through the courts. Liability may include compensation for material damage (lost property, tuition fees, etc.) and non-pecuniary damage (psychological stress, humiliation).
Criminal liability:
- Criminal liability is incurred for crimes in the field of education, such as negligence, fraud, and forgery. Sanctions may include fines, imprisonment, and prohibition to engage in certain activities. Such violations are punishable by fines in the amount of 500 to 2000 tax-free minimum incomes or imprisonment for up to 10 years.So, whether you need to consult a lawyer or a lawyer's advice, it doesn't matter. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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