Administrative and legal regulation of the governmental order in the field of education.
Detyuk A.M. Administrative and legal regulation of the governmental order in the field of education. – On the rights of manuscript. The thesis for a candidate of legal sciences by the specialty 12.00.07. – administrative law and procedure; financial law; informational law. – National Aviation University, Kyiv, 2018. The dissertation is devoted to the complex study of the peculiarities of the administrative and legal regulation of the governmental order in the field of education in Ukraine. As follows from the analysis of legal acts of the post-Soviet Ukraine's independence period and today, three periods of normative formation and development of the institute of educational governmental order are identified, namely: 1) the period of planned centralization, which falls on August 1991 - December 2012; 2) the period of sectoral institutional certainty (from January 2013 to November 2016); 3) the period of gradual decentralization of governmental order in the field of education (December 2016 - present time). In determining the system of sources of administrative and legal regulation of the governmental order in the field of education, their classification according to the stages of this process is carried out. While studying a special type of this system’s sources – governmental contracts and other contracts for the implementation of educational governmental order - their administrative and legal essence and accomplishment of the role of legal fact in establishing, terminating or changing relations in this area in the form of a state administration act were proved. As a result of legal analysis of the law, three groups of needs are formulated, which in totality form the object of administrative and legal regulation of educational governmental orders: 1) the needs of the state in skilled staff; 2) the state's need to improve the educational and scientific potential of the nation; 3) the state's need to fulfill the constitutional obligation towards its citizens to ensure their constitutional right to education in accordance with their vocations, interests and abilities. The subject of administrative and legal regulation of governmental order in the field of education is a set of legal relationships that arise and develop in relation to: 1) the implementation of external and internal organizational management activities by public agencies and other subjects authorized by them while ensuring the educational needs of the state; 2) passing public service and work at enterprises, institutions and organizations of state and communal property in the framework of realization of educational governmental order in the interests of the state; 3) public and service, contractual activities of public agencies authorized by them legal out of authority entities of public law in the process of implementation of governmental orders in the field of education, etc. The method of governmental order is defined by norms of administrative law system of legal influence of government bodies and authorized representatives on the educational environment with the help of a synthesized set of means and methods of binding, prohibitive and permitting character with the purpose of formation and maintenance of law and order in the sphere of implementation of educational needs of the state. Based on the concept of the hierarchy of the elements’ system, groups of structural elements of the mechanism of administrative and legal regulation of the governmental order in the field of education are defined, namely: 1) obligatory elements: norms of administrative law; legal facts (set of facts, actual system); administrative and legal relations; acts of implementation of administrative law norms (including acts of positive law enforcement); 2) additional elements: special administrative and legal regime; acts of interpretation of administrative law norms; acts of administrative compulsion. It is proposed to distinguish two groups of organizational and legal guarantees ensuring of administrative and legal regulation of the governmental order in the field of education, in particular: 1) prescribed by law institutions with the corresponding functions, powers concerning the organization and implementation of administrative and legal support, protection and defense of the interests of participants of the governmental order in educational field; 2) administrative procedures established by normative and legal acts (rule-making, registration, competitive, control, appeal and dispute resolution, etc.). It is proved that the system of state control over the process of implementation of the governmental order in the sphere of education in Ukraine is not formed. In order to prevent violations of law in the field of educational governmental order, as well as to ensure the effective implementation of the authorized agents powers at the appropriate stages of educational governmental order, it is expedient to authorize the Ministry of Economic Development and Trade of Ukraine for control function over the process of governmental order performance by governmental customer and performers of the governmental order, as well as the process of state contracts conclusion; to authorize the Antimonopoly Committee of Ukraine for function of appealing the procedures of carrying out competitions for the selection of performers of the governmental order, as well as decision making by governmental customers concerning simplified (out of competition) procedure of the appointment of the governmental order performers; the State Audit Service of Ukraine to authorize for function of constant monitoring of compliance of budget legislation by participants of the governmental order in the sphere of education and state contracts performance. Key words: administrative and legal regulation, governmental order, education, educational services, governmental customers, performers of the governmental order, mechanism of legal regulation, organizational and legal guarantees.