The author emphasizes that at the current stage of development of the Ukrainian society there is no conceptual idea of education law. The legal nature of education law is quite a complex issue which is controversial in many respects. Today, scholars express quite different views on the place which this branch of law has within the system of national law, and according to these views, education law is either a comprehensive branch of law or an independent branch of law. Given the above, the need arises to formulate an accomplished and perfect theory of education law.

The purpose of the research is to formulate the author’s concept of education law as a sub-branch of administrative law of Ukraine through the prism of the analysis of current legislation, and also by critical study of works by modern scholars.

The stated goal is achieved by comprehensive and consistent application of the relevant scientific tools which are represented by the following methods of scientific cognition: logical and semantic, systemic, structural and logical methods, and also methods of grouping, deduction, induction, analysis and synthesis, and etc.

The author makes an analysis of scientific works aimed at clarifying the grounds owing to which education law has been singled out within the system of law of Ukraine. It was found that such singling out of education law by the subject matter and the method of legal regulation not only makes it more difficult to understand this branch of law in the context of the national system of law, but also gives rise to certain problems which relate to law making and law application. According to the author, this problem may be resolved if the focus of functioning of public administration is taken as the basis for singling out education law within the system of law of Ukraine. And since public administration can function only with a clearly defined focus and always subject to observance of current law provisions, its rules form a sub-branch of special administrative law.

The author comes to the conclusion that in Ukraine there is a formed system of laws and regulations which is intended to regulate the organization and activities of public administration subjects aimed at implementing the State’s education policy. Fulfilling these tasks, public administration thus facilitates the assurance and exercise of the right to pre-school, full general secondary, extracurricular, vocational, higher and postgraduate education as it is enshrined in article 53 of the Constitution of Ukraine. The set of such legal provisions is united within education law which has been formed within the framework of the special administrative law of Ukraine.

Bibliography

Authored books

1. Alekseev S, Obshchye teoretycheskye problemy systemy sovetskogo prava [General Theoretical Problems of the System of Soviet Law] (Gos izd-vo yurid lit 1961) (in Russian).

2. Davydova N, Pravovyi status uchasnykiv vidnosyn u sferi osvity v SShA i perspektyvy yoho implementatsii v osvitniu systemu Ukrainy (tsyvilno-pravovyi aspekt) [Legal Status of Participants in the Field of Education in the United States and the Prospects for its Implementation in the Educational System of Ukraine (Civil-Law Aspect)] (Lira-K 2016) (in Ukrainian).

3. Melnyk R, Mosondz S, Administratyvne pravo Ukrainy (u skhemakh ta komentariakh): navchalnyi posibnyk [Administrative Law of Ukraine (in Schemes and Comments: Tutorial)] (Jurinkom Inter; Bukva Zakonu 2018) (in Ukrainian).

4. Savishchenko V, Administratyvno-pravove zabezpechennia osvity ta nauky v Ukraini: monografiia [Administrative and Legal Support of Education and Science in Ukraine: Monograph] (Lira 2015) (in Ukrainian).

5. Skakun O, Teoriia derzhavy i prava: pidruchnyk [Theory of State and Law: Textbook] (Konsum 2001) (in Ukrainian).

Journal articles

6. Arzhanov M, ‘O principah postroenija sistemy sovetskogo socialisticheskogo prava’ [‘On the Principles of Constructing the System of Soviet Socialistic Law’] (1939) 3 Sovetskoe gosudarstvo 26 (in Russian).

7. Melnyk R, ‘Munitsypalne pravo u systemi natsionalnoho prava’ [‘Municipal Law in the System of National Law’] (2010) Spetsialnyi vypusk. Tsentralnoukrainskyi pravnychyi chasopys Kirovohradskoho yurydychnoho instytutu KhNUVS 33 (in Ukrainian).

8. Melnyk R, ‘Predmet administratyvnoho prava’ [‘Subject of Administrative Law’] (2018) 3 Pravo Ukrainy 161 (in Ukrainian).

Thesis

9. Melnyk R, ‘Systema administratyvnoho prava Ukrainy’ [‘System of Administrative Law of Ukraine’] (dys d-ra yuryd nauk, Kharkivskyi natsionalnyi universytet vnutrishnikh sprav 2010) (in Ukrainian).