Commercialization of Ukrainian higher education: private and legal aspects

Abstract

The article contributes to understanding of the nature of paid educational services as an institution of civil law in the context of protecting the rights of individuals, receiving such services. In the terms of current market economy competitiveness of a state depends not so much on the natural resources supply, but on the intellectual potential of the country. The slogan of the Soviet times - the human resources decide everything - is now more than ever relevant. Market changes in the post-Soviet countries led to the formation and development of the education market, which, in its turn, gave rise to many problems: deteriorating quality of education, reducing competitiveness, imbalance between the labor market and the number of university graduates, lack of government attention to the problems of this market. The presence at the educational market of institutions of different ownership forms is to be considered positive. First, it creates a competitive environment and therefore can be expected to improve the quality of services, and secondly it makes it possible to choose the type of higher educational establishments. The spread of private legal component to higher education system needs revision of the legal status of the institutions not only in educational but also in civil context. The author concludes that the following issues need optimization: civil status of higher education institution; development of contractual basis of universities and appropriate forms of control; definition and regimentation of paid educational activities; ways to implement property rights, and others. This will optimize the relationship between the public, corporate and personal interests of the participants of the process.