Stages of the licensing procedure in the field of higher education
https://doi.org/10.37493/2409-1030.2024.4.19
Abstract
Introduction. The article examines the features of the structure of the administrative licensing procedure in the field of higher education by studying its elements, namely the stages.
Materials and Methods. The use of the analysis method provided disclosure of the structure of the administrative licensing procedure in the field of higher education. The work also used a formal legal method, which made it possible to identify the essential features of the licensing stage in the field of higher education and formulate its definition.
Analysis. The stages of the administrative procedure for licensing educational activities in the field of higher education are primarily characterized by the presence of common features of the stages of administrative procedures. However, in science there are different points of view regarding the composition of the stages of the procedure under consideration.
Results. The stage of the procedure for licensing educational activities in the field of higher education should be treated as a relatively independent set of procedural actions performed within the time frame and in the sequence determined by regulations, in order to make a decision on the possibility of granting a license to carry out educational activities in the field of higher education, as well as for the implementation other normatively established goals determined by the need to license educational activities. The stages of licensing educational activities in the field of higher education include the following mandatory stages: the stage of initiating a licensing case; the stage of consideration of the licensing case and making a decision on it; the stage of providing the result of the state service for licensing educational activities. The optional stages of the administrative procedure under consideration include the stage of providing information about the license, as well as the stage of correcting typographical errors and (or) errors in the register of licenses and (or) in documents generated as a result of the provision of state licensing services.
About the Author
A. A. Krasnoshchekov
Saratov State Law Academy
Russian Federation
Russian Federation
Alexander A. Krasnoshchekov - Applicant
104, N.G. Chernyshevsky St., 410056, Saratov, Russian Federation
References
1. Administrative regulations for the provision by the Federal Service for Supervision in Education and Science of state services for state accreditation of educational activities (approved by Order of Rosobrnadzor dated July 4, 2023 No. 1287. Official Internet portal of legal information http://pravo.gov. ru, 08.18.2023.
2. Alekseev SS. General theory of law: In 2 volumes. Vol. 2. Moscow: Yuridicheskaya literatura, 1981. 361 p. (In Russ.).
3. Bagandov AB. Administrative and legal regulation of licensing relations in the Russian Federation: theoretical and legal foundations, current state, prospects: abstract of thesis. Rostov-on-Don, 2007. 42 p. (In Russ.).
4. Bakhrakh DN. Administrative law: textbook. Moscow: Norma; 2007. 816 p. (In Russ.).
5. Davydov V. Administrative procedures: the concept of legal regulation: thesis. N. Novgorod, 2020. 655 p. (In Russ.).
6. Zyuzin VA. From administrative procedures to administrative procedure Modern problems of administrative law, process and procedures: Russian and foreign experience. (Russia, Novosibirsk, May 14-15, 2018). Ed. YuN Starilov, KV Davydov. Novosibirsk, 2018. P. 38-46. (In Russ.).
7. Lazarev IM. Administrative procedures in the field of relationships between citizens and their organizations with executive authorities in the Russian Federation: abstract of thesis. Moscow, 2002. 20 p. (In Russ.).
8. Lupinskaya PA. Decisions in criminal proceedings. Their types, content and form. Moscow: Yuridicheskaya literatura; 1976. 168 p. (In Russ.).
9. Mayorov VI, Grechkina OV. Institute of licensing in the field of higher education: reflections based on the works of Demyan Nikolaevich Bakhrakh. Administrativnoe pravo i process. 2012;(10):14-17. (In Russ.).
10. Mironov AN. Administrative procedural law: textbook. Moscow: Forum; 2010. 176 p. (In Russ.).
11. Melnichuk GV. Licensing as a form of state regulation of entrepreneurial activity in Russia and the USA: thesis. Moscow, 2007. 224 p. (In Russ.).
12. Panova IV. Administrative procedural activity in the Russian Federation. Saratov: Privolzhskoe book edition; 2001. 452 p. (In Russ.).
13. Pesegova EV. Legal analysis of the licensing procedure for educational activities. Pravo i obrazovanie. 2008;(10):26-30. (In Russ.).
14. Romanenko NS. Stages of the legal process and stages of application of law: the relationship of concepts in Problems of modern legislation in Russia and foreign countries: Materials of the IX International Scientific and Practical Conference. Vol. 2. Editors AM Bychkov, SI Suslova. Irkutsk, October 16, 2020. p. 34-38. (In Russ.).
15. Rubanova NA. Administrative procedure for licensing educational activities in the field of higher professional education of the Russian Federation: thesis. Chelyabinsk, 2013. 222 p. (In Russ.).
16. Rukavishnikov SM. The concept of licensing educational activities in the field of higher education. Vestnik Voronezhskogo gosudarstvennogo universiteta. Seriya: Pravo. 2023;(3):200-203. (In Russ.).
17. Sorokin VD. Administrative procedural law: Textbook. Saint Petersburg: Legal Center Press; 2004. 540 p. (In Russ.).
18. Federal Law of July 27, 2010 No. 210-FZ “On the organization of the provision of state and municipal services” (as amended on December 25, 2023). SZ RF. 2010. No. 31, art. 4179; 2024. No. 1, part 1, art. 56. (In Russ.).
19. Federal Law of May 4, 2011 No. 99-FZ “On licensing of certain types of activities” (as amended on December 29, 2022). SZ RF. 2011. No. 19, art. 2716; 2023. No. 1, part 1, art. 24. (In Russ.).
Review
For citations:
Krasnoshchekov A.A. Stages of the licensing procedure in the field of higher education. Humanities and law research. 2024;11(4):758-764. (In Russ.) https://doi.org/10.37493/2409-1030.2024.4.19
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