Open AccessEducational service as an object of civil rights
Author(s) -
Yu. I. Chalyі
Publication year - 2018
Publication title -
vìsnik harkìvsʹkogo nacìonalʹnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
eISSN - 2617-278X
pISSN - 1999-5717
DOI - 10.32631/v.2018.2.05
Subject(s) - obligation , object (grammar) , duty , legislature , argument (complex analysis) , service (business) , subject (documents) , business , public relations , law , political science , sociology , law and economics , psychology , computer science , marketing , medicine , artificial intelligence , library science
The author has studied the features of educational service as an object of civil rights.
It has been noted that social benefits should not be understood as the object of civil rights, as some researchers insist on, the object of civil rights must be perceived as a legal behavior of the participants in legal relations. The main argument in favor of such a conclusion is the indication that the right as a regulator of public relations can affect only the volitional conduct of the participants, but not directly the benefits. The benefits are not capable of perceiving the legal requirements of legislative acts or contracts. Consequently, the educational service should be regarded as the legal behavior of the provider of this service, aimed at forming certain social qualities of the subject of educational influence.
Behavior of educational services’ providers is a series of interrelated and purposeful acts of conduct (operation), and when such operational actions are carried out over a long period of time, they become the nature of activity.
The legal form of providing educational services is a contractual obligation. The object of such binding legal relations is the requirement of the customer of the educational service in relation to the execution of the relevant subject actions by the provider and the subsequent positive reaction of the latter to the fulfillment of his duty. The object of the considered legal relations and the object of the subjective right of the customer of the educational service, according to the author of the article, coincide in their volume.
It has been emphasized that the providers of educational services cannot have civil and legal obligation to guarantee the effectiveness of training, since the achievement of such an effect depends on the intellectual capacity of the subject of training and other factors. The eligibility criteria for the performance of educational services are regulatory requirements that determine the content of a particular level of education, the volume and sequence of teaching disciplines, etc. Based on this, one of the features of educational services is the implementation of public control over the compliance of the substantive conduct of the providers of such services with the requirements of the law.