Перегляд за Автор "Lapka, Oksana"

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    Документ
    Legal support of the system of state control in the process of educational governmental order
    (2019) Pyvovar, Yuriy; Detiuk, Andriy; Mykolenko, Oleksandr I.; Zapototska, Olena; Lapka, Oksana; Миколенко, Олександр Іванович; Миколенко, Александр Иванович
    The purpose of the research is to determine the sufficiency of the system of state control of the state needs when implementing an effective educational governmental order as the main instrument for ensuring the constitutional right of citizens to free education in Ukraine. The methodological basis of the research is the positivistic theory of law and functionalism. Hermeneutical and normative and analytical methods were used to find out the content of sources of legal regulation of educational governmental orders; methods of forecasting, legal modeling and analogy of the law contributed to the development of proposals for improving current legislation. The results of the research showed that the system of state control over the process of implementing the educational governmental order in Ukraine is not formed yet. The results of the analysis of legislation showed that indirect control in this field is provided only by special financial control bodies to verify the effectiveness of using budget funds in the process of educational governmental order. The work demonstrates systemic violations that have been identified by the supervisory authorities for five years in this field. In order to prevent violations of the law in the field of educational governmental order, as well as to form an effective system of state control at all stages of governmental order, it is proposed to empower the key authorities with appropriate control functions and powers. On the basis of the gaps in law the regulation of control activities that were found in modern legislation, for efficient solution of problems (before the drafting and adoption of the relevant legislative changes by the Parliament) it is considered rational to take as a basis provisions of general norms of legislative acts, which regulate allied legal relations, namely in the field of governmental order.