THE RESEARCH PROGRAM OF THE ECONOMIC ANALYSIS OF EDUCATION LAW |
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Author |
 Timoshenkov I. V., associate professor, professor, Kharkiv, Svobody Sq. 4, |
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In heading |
Economic analysis of law; | ||||
Signed print |
22.05.2015 | Issues number |
2015 - № 2 (21) | Page |
110-121 |
Type of articles |
Scientific article | Code UDK |
330.831+330.837]:340.11 | ISSN print |
2411-5584 |
Abstract |
Problem setting. The development of the Ukrainian education system necessitates changes in the education law of Ukraine. At the same time, such changes will be effective only under the conditions that, first, they have a systemic character, and second, they have solid economic substantiation. Recent research and publications analysis. The fulfillment of such conditions can be ensured by a consistent application of the fundamental principles of economic theory of law formulated and substantiated in works of the leading contributors to this field of modern economic science, such as R. H . C oase, G. S. B ecker, G. Calabresi, R. А. Posner, etc., to the education law in Ukraine. Although by now Law and Economics has been successfully applied for studying general problems of transition economies, the application of Law and Economics to the problems of education law is in the very beginning of its formation and is represented by a very limited number of studies. Paper objective. These circumstances determined the topic and goals of the present paper, specifically, to substantiate methodological principles and foundations for studying education law within the framework of Law and Economics and based on that to define the major tasks of building a research program for economic analysis of education law. Paper main body. The main tasks of the program were identified as follows: – to define the content and peculiarities of rules of law as institutions governing the education system of a society; – to reveal economic reasons behind the general principles of functioning and development of the legal system governing education; – to provide systematic economic assessment of the necessity, possibility, and consequences of the reform implementation in the legal system of education. Conclusions of the research. Studying education law in the framework of Law and Economics will make it possible to create a unified integral mechanism of the legal governance of relations in education on the basis of current legal institutions, to provide a basis for systematization and ordering of norms of law, to reduce the number of legal acts in the education sphere, to resolve conflicts of laws in the education-related legislation, and, as a result, to significantly increase the effectiveness and improve the quality of education institutions. |
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Keywords |
Economic analysis of normative acts, economic analysis of education law, normative act effectiveness, education legislation, education law, drafting of rules of law, formal institutions of education, legal drafting methodology. | ||||
Reviewer |
Shevchenko L. S., Doctor of Economic Sciences, Professor, Yaroslav Mudryi National Law University, Kharkiv, Ukraine. | ||||
External reviewer |
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Article in PDF |
2 110-121 | ||||
Bibliography |
none | ||||
Code DOI |
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17.03.2015