Private-law status of a learner in the system of higher education

• Autores: Elena Vasilievna Kobchikova, Timofey Grigorievich Makarov
• Localización: QUID: Investigación, Ciencia y Tecnología, ISSN-e 2462-9006, ISSN 1692-343X, Nº. Extra 1, 2017, págs. 1563-1567
• Idioma: inglés
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• Resumen

  • Within the framework of this article, the private-law status of a student is examined within higher education system. The authors conclude that the private legal status of a student is represented by his rights, duties and responsibilities arising from the contract on the provision of paid educational services. After the study, the authors come to the conclusion that the responsibility of a student within an educational organization of higher education can arise if a student violates the legal obligations that are included in the content of his private legal status, for example, if a student does not fulfill his obligation to master the educational program conscientiously and to fulfill the educational plan. In this case, a student violates not only the obligation established by law, but also the duty fixed in the contract of paid educational services which he signed, since the corresponding obligation is always present in the latter. The measure of this responsibility is the termination of an education contract and the expulsion of a student from the organization that carries out educational activity. The termination of the contract for paid provision of educational services and the expulsion of a student from a university is the measure of private legal (contractual) liability applied to the student who does not fulfill the obligations of a relevant contract. On the basis of the abovementioned, the authors summarize that in connection with the expansion of contractual education in higher education institutions, education agreements must be drawn up with an obligatory consideration of all changes in educational legislation. The provisions of these contracts must not contradict the norms of legislation to form the private legal status of a student properly.