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LAW OF UKRAINE

On Education

(Bulletin of the Verkhovna Rada (BVR), 2017, No. 38-39, Article 380)

{The Law is recognised as complying with the Constitution of Ukraine (it is constitutional), according to the Decision of the Constitutional Court No. 10-p/2019 of 16 July 2019}

{As amended by Laws
No. 2657-VIII of 18.12.2018, BVR, 2019, No. 5, Article 33
No. 2661-VIII of 20 December 2018, BVR, 2019, No. 5, Article 35
No. 2704-VIII of 25 April 2019, BVR, 2019, No. 21, Article 81
No. 2745-VIII of 06 June 2019, BVR, 2019, No. 30, Article 119
No. 392-IX of 18 December 2019, BVR, 2020, No 24, Article 170
No. 463-IX of 16 January 2020, BVR, 2020, No. 31, Article 226
No. 540-IX of 30 March 2020, BVR, 2020, No. 18, Article 123
No. 725-IX of 18 June 2020, BVR, 2020, No. 46, Article 395
No. 910-IX of 17 September 2020, BVR, 2020, No. 51, Article 491
No. 978-IX of 05 November 2020
No. 1369-IX of 30 March 2021}

Education is a fundament of the intellectual, moral, physical and cultural development of an individual, his/her successful socialisation, economic wellbeing, a guarantee of development of the society united by shared values and culture, and of the state.

The education is aimed at comprehensive development of a human being as a personality and as the supreme value of the society, development of its talents, intellectual, creative and physical abilities, formation of values and competencies necessary for successful self-fulfilment, raising responsible citizens capable to make a conscious social choice and channelling their activities for the good of other people and the society, and enriching the intellectual, economic, creative, cultural potential of the Ukrainian people on this basis, upgrading an educational level in order to ensure Ukraine’s sustainable development and its European choice.

This Law regulates social relations arising in the process of exercising of the constitutional human right to education, rights and responsibilities of physical and legal entities participating in implementation of this right, and establishes powers of public authorities and local self-government bodies in the area of education.

Section I
GENERAL PROVISIONS

Article 1. Basic terms and their definitions

1. For the purposes of this Law, the following definitions shall apply:

1) autonomy shall mean a right of an educational entity for self-governance, which consists in its self-dependence, independence and responsibility in making decisions regarding academic (educational), organisational, financial, staffing and other issues of activities implemented in the manner and according to the framework established by laws;

2) academic freedom shall mean self-dependence and independence of educational process participants during implementation of pedagogical, academic and research, scientific and/or innovative activities, which is performed based on the principles of the freedom of speech, thought and creativity, knowledge sharing and information outreach, free public disclosure and use of scientific research findings with due regard to restrictions established by laws;

3) free education shall mean education obtained by a person with the use of public and/or local budgets in accordance with the legislation;

3-1) bullying (harassment) shall mean acts (actions or inactions) of the educational process participants, which consist in psychological, physical, economic, sexual violence, including with the use of electronic communication tools, committed against an underage person and (or) by such a person against other educational process participants, resulting in the harm to the mental or physical health of the victim that could have been caused or was caused.

Typical features of bullying (harassment) are as follows:

frequency of actions;

presence of parties is an offender (bully), affected person (victim of bullying), and witnesses (if any);

actions or inactions of the offender, which result in causing mental and/or physical harm, humiliation, fear, anxiety, subordination of the victim to the interests of the offender, and/or causing stigmatisation of the victim;

{Part 1 of Article 1 is supplemented by clause 3-1 in accordance with Law No. 2657-VIII of 18 December 2018}

4) teaching activity shall mean the activity aimed at the formation of knowledge, other competencies, world view, development of intellectual and creative capacities, emotional, volitional and/or physical qualities of education seekers (lectures, seminars, training sessions, courses, masterclasses, webinars, and so on) and performed by an educational (academic and research) worker, a self-employed person (except for persons for whom such form of educational activity is forbidden by law) or another individual based on the respective labour or civil agreement;

5) e-textbook (manual) shall mean an electronic educational publication where educational content is presented in a systematised manner in line with the curriculum, contains digital objects in various formats and enables interactive communication;

6) educational institution shall mean a legal entity of public or private law, primary activity of which is educational activity;

7) founder of an educational institution shall mean a public authority acting on behalf of the state, a respective council acting on behalf of the territorial community(s), an individual and/or legal entity, by decision and at the expense of whose property the educational institution was founded or who otherwise acquired the rights and obligations of the founder in accordance with the legislation;

8) education seekers shall mean pupils, students, cadets, trainees, interns, postgraduates (adjuncts), other persons obtaining education in any type and form;

{Paragraph 8, Part 1 of Article 1 as amended under Law No. 1369-IX of 30 March 2021}

9) individual learning path shall mean an individual path of reaching a personal potential of an education seeker, which is formed based on his/her capabilities, interests, needs, motivation, opportunities and experience, and rests on the types, forms and pace of obtaining education, educational entities and curricula, academic disciplines and their complexity level, teaching methods and means selected by an education seeker. Individual learning path may be fulfilled in an educational institution via an individual learning plan;

10) individual development programme shall mean a document that provides individualised learning of a person with special educational needs, defines the list of necessary psychological, pedagogical, correctional needs/services for the development of a child and is developed by a group of specialists with the mandatory involvement of the child's parents in order to determine specific educational strategies and approaches to learning;

11) individual curriculum shall mean a document that defines the sequence, form and pace of assimilation by an education seeker of the educational components of curriculum in order to implement his/her individual learning path and is developed by an educational institution in cooperation with an education seeker provided the availability of required resources;

12) inclusive education shall mean a system of educational services guaranteed by the state, based on the principles of non-discrimination, with due regard to the human diversity, effective involving and including all its participants in the educational process;

13) inclusive educational environment shall mean a set of conditions, methods and means of their implementation for joint learning, upbringing and development of education seekers, with due account of their needs and capabilities;

14) qualification shall mean a standardised set of competencies (learning outcomes) obtained by a person, which is recognised by an authorised body and confirmed by a respective certificate;

15) competence shall mean a dynamic combination of knowledge, skills, ways of thinking, opinions, values, other personal qualities, which recognises person’s ability to successfully socialise, perform professional and/or further educational activity;

15-1) correctional and developmental services (assistance) shall mean a comprehensive system of measures to support a person with special educational needs in the learning process, aimed at correcting disorders through the development of an individual, his/her cognitive activity, emotional and volitional area and speech;

{Part 1 of Article 1 is supplemented by Clause 15-1 in accordance with Law No. 463-IX of 16 January 2020}

16) educational process shall mean a system of scientific, methodological and pedagogical measures aimed at the development of an individual through the formation and application of its competencies;

17) educational activity shall mean the activity of an educational entity ensuring and implementing the educational process in formal and/or non-formal education;

18) educational service shall mean a set of an educational activity entity's actions defined by the legislation, curriculum and/or a contract, which have a certain cost and are aimed at achieving the expected learning outcomes by an education seeker;

19) curriculum shall mean a unified set of educational components (subjects, disciplines, individual tasks, tests, and so on), scheduled and organised to achieve certain learning outcomes;

20) a person with special educational needs shall mean a person who needs additional permanent or temporary support in the educational process in order to ensure his/her right to education;

21) pedagogical activity shall mean intellectual and creative activity of a pedagogical (academic and research) worker or a self-employed person in formal and/or non-formal education aimed at educating, upbringing and development of an individual, his/her general cultural, civil and/or professional competencies;

21-1) psychological and pedagogical services shall mean a comprehensive system of measures for organising the educational process and developing a person with special educational needs, provided for by an individual development programme and by teachers of educational institutions, inclusive resource centres, and other specialists;

{Part 1 of Article 1 is supplemented by Clause 21-1 in accordance with Law No. 463-IX of 16 January 2020}

21-2) psychological and pedagogical support shall mean a comprehensive system of measures for organising the educational process and child's development provided for in an individual development programme;

{Part 1 of Article 1 is supplemented by Clause 21-2 in accordance with Law No. 463-IX of 16 January 2020}

22) learning outcomes shall mean knowledge, skills, mindset, views, values, and other personal qualities acquired in the course of learning, upbringing, and development that can be identified, planned, assessed, and measured and which a person is able to demonstrate after completing a curriculum or individual educational components;

23) level of education shall mean a completed stage of education characterised by the level of a curriculum's complexity, a set of competencies that are usually defined by the standard of education and correspond to a certain level of the National Qualifications Framework;

24) reasonable adjustment shall mean introduction, if needed in a particular case, of the necessary modifications and adaptations in order to ensure that persons with special educational needs exercise the constitutional right to education on an equal basis with other persons;

25) education system shall mean a set of components of education, levels and degrees of education, qualifications, curricula, educational standards, licensing conditions, educational institutions and other educational entities, educational process participants, management bodies in the education area, as well as regulatory legal acts regulating their interaction;

26) special laws shall mean Laws of Ukraine “On Pre-School Education”, On Complete General Secondary Education, “On Extracurricular Education”, “On Vocational Education”, and “On Higher Education”;

{Clause 26 Part 1 of Article 1 as amended by Law No. 463-IX of 16 January 2020}

27) educational activity entity shall mean an individual or legal entity (educational institution, enterprise, institution, organisation) that conducts educational activities;

28) universal design in the education area shall mean the design of objects, the environment, curricula and educational services, providing their best possible suitability for all persons without required adjustment or special design;

29) quality of education shall mean compliance of learning outcomes with the requirements established by law, the respective standard of education and/or a contract for the provision of educational services;

30) quality of educational activities shall mean the level of organisation, provision and implementation of the educational process that ensures that individuals obtain a high-quality education and meets the requirements established by law and/or a contract for the provision of educational services.

2. Provisions of this Law and special laws concerning parents shall also apply to other legal representatives of education seekers. Parents and other legal representatives shall implement the respective provisions of this Law and special laws regarding persons who have not come of legal age, and in accordance with the legislation regarding persons with limited legal capacity.

Article 2. Legislation of Ukraine on Education

1. The legislation of Ukraine on education is based on the Constitution of Ukraine and consists of this Law, special laws, other legislative acts regarding education and science and international agreements of Ukraine concluded in accordance with the procedure established by law.

2. Subordinate legislation may not narrow down the content and scope of the constitutional right to education, and the autonomy of educational entities and academic freedoms of the educational process participants defined by law.

Letters, directives, guidelines and other documents issued by executive authorities, except for orders registered by the Ministry of Justice of Ukraine and documents regulating the internal activities of the authority, shall not be considered regulatory acts and shall not establish legal standards.

3. An educational entity is entitled to independently make decisions on any issues within the limits of its autonomy defined by this Law, special laws and/or constituent documents, in particular regarding issues not regulated by legislation.

Article 3. Right to Education

1. Everyone has the right to quality and accessible education. The right to education includes the right to obtain lifelong education, the right to access to education, and the right to free education in cases and in accordance with the procedure established by the Constitution and the legislation of Ukraine.

2. Equal conditions for access to education are being created in Ukraine. No person shall be denied a right to an education. The right to education shall be guaranteed regardless of age, gender, race, health status, disability, citizenship, nationality, political, religious or other beliefs, colour, place of residence, the language of communication, origin, social and property status, criminal record, and other circumstances and features.

3. The right of a person to education may be exercised by obtaining it at various levels of education, in various forms and types, including by obtaining pre-school, complete general secondary, out-of-school, professional (vocational), professional pre-tertiary, higher education and adult education.

4. Everyone has the right to access public educational, scientific and informational resources, including Internet resources, e-textbooks and other multimedia educational resources in accordance with the procedure established by law.

5. The state shall provide social protection for education seekers in cases defined by law, and ensure equal access to education for persons from vulnerable social groups.

6. The state shall create conditions for persons with special educational needs to obtain the education, with due account of their individual needs, opportunities, abilities and interests, and ensure the identification and elimination of factors that hinder the implementation of rights and meeting the needs of such persons in the education area.

7. Foreigners and stateless persons shall acquire education in Ukraine in accordance with the legislation and/or international agreements of Ukraine.

8. A person recognised as a refugee or a person in need of additional protection in accordance with the Law of Ukraine “On Refugees and Persons in Need of Additional or Temporary Protection” shall enjoy an equal right to education with the citizens of Ukraine.

9. The right to education may not be restricted by law. Laws may establish special conditions for access to a certain level of education or speciality (profession).

Article 4. Ensuring the Right to Free Education

1. The state shall provide:

free pre-school, complete general secondary, professional (vocational), professional pre-tertiary and higher education in accordance with education standards;

development of pre-school, complete general secondary, out-of-school, professional (vocational), professional pre-tertiary, higher and postgraduate education in accordance with the legislation.

2. The right to free education shall be guaranteed to:

pre-school and complete general secondary education seekers - through the development of a network of educational institutions of all forms of ownership and their financial support in accordance with the procedure established by law, and in an amount sufficient to ensure the right to education of all citizens of Ukraine, foreign citizens and stateless persons permanently or temporarily residing in the territory of Ukraine;

out-of-school, professional (vocational), professional pre-tertiary and postgraduate education seekers – in educational institutions or other educational entities using public and/or local budgets in accordance with the procedure established by law;

higher education seekers – in educational institutions using public and/or local budgets in accordance with the procedure established by law.

3. The state shall guarantee all citizens of Ukraine and other persons who legally reside in Ukraine, and every child, regardless of the grounds for its stay in Ukraine, the right to obtain complete general secondary education free of charge in accordance with education standards.

{Paragraph 1 Part 3 of Article 4 as amended by Law No. 463-IX of 16 January 2020}

The state shall guarantee the free provision of textbooks (including e-textbooks) and manuals to all complete general secondary education seekers and teachers in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

Article 5. Public Policy in the Field of Education

1. Education is a state priority that ensures innovative, social, economic and cultural development of society. Funding education is an investment in human potential, sustainable development of society and the state.

2. Public education policy shall be defined by the Verkhovna Rada of Ukraine and implemented by the Cabinet of Ministers of Ukraine, the central executive authority in charge of education and science, other central executive authorities and local self-government bodies.

3. Public education policy shall be developed and implemented on the basis of scientific research, international obligations, best domestic and foreign practices, with due account of forecasts, statistics and development indicators in order to meet the needs of people and society.

4. State forecasting and strategic planning documents on education development are the forecast of education development in Ukraine, the strategy of education development in Ukraine, respective national, regional and local target programmes, action plans of authorities regarding education. The authorities shall provide public access to these documents by publishing them on their official websites.

5. The state shall create conditions for obtaining civic education aimed at the development of competencies related to the exercise by a person of his/her rights and obligations as a member of society, awareness of the values of civil (free democratic) society, the rule of law, human and civil rights and freedoms.

Article 6. Fundamentals of Public Education Policy and Principles of Educational Activities

1. Fundamentals of public education policy and principles of educational activities are as follows:

humanocentrism;

rule of law;

ensuring quality education and quality educational activities;

ensuring equal access to education without discrimination on any grounds, including disability;

development of an inclusive educational environment, including in educational institutions that are most accessible and close to the place of residence of people with special educational needs;

providing universal design and reasonable adjustment;

science education;

diverse education;

integrity and continuity of the education system;

transparency and publicity of management decision making and implementation;

responsibility and accountability of educational management bodies and educational institutions, other educational entities to society;

institutional division of functions of control (supervision) and functions of ensuring the activities of educational institutions;

integration with the labour market;

inextricable connection to the world and national history, culture, and national traditions;

freedom to choose the types, forms and pace of education, curriculum, educational institution, and other educational entities;

academic integrity;

academic freedom;

financial, academic, personnel and organisational autonomy of educational institutions within the limits defined by law;

humanism;

democracy;

integrity of education, upbringing and development;

encouraging patriotism, respect for the cultural values of the Ukrainian people, their historical and cultural heritage and traditions;

fostering a conscious need to comply with the Constitution and laws of Ukraine, intolerance to their violation;

fostering respect for human rights and freedoms, intolerance of humiliation of person's honour and dignity, physical or psychological violence, and discrimination on any grounds;

{Paragraph 25 Part 1 of Article 6 as amended by Law No. 463-IX of 16 January 2020}

development of civic culture and a culture of democracy;

encouraging healthy lifestyle, building ecological culture and respect for the environment;

non-interference of political parties in the educational process;

non-interference of religious organisations in the educational process (except in cases defined by this Law);

diverse and well-balanced information on political, ideological and religious issues;

public administration;

public partnership;

public and private partnership;

promoting lifelong learning;

integration into the international educational and scientific space;

intolerance to corruption and bribery;

accessibility for every citizen of all forms and types of educational services provided by the state.

2. Education in Ukraine shall be based on the principle of equal opportunities for all.

Article 7. Language of Education

1. The language of the educational process in educational institutions shall be the state language.

The state shall guarantee every citizen of Ukraine the right to obtain formal education at all levels (pre-school, general secondary, professional (vocational), professional pre-tertiary and higher education), as well as out-of-school and postgraduate education in the state language in public and municipal educational institutions.

Members of national minorities of Ukraine shall be guaranteed the right to obtain pre-school and primary education in community educational institutions in the language of the corresponding national minority, along with the state language. This right shall be implemented by creating separate classes (groups) providing learning in the language of the corresponding national minority, along with the state language, and shall not apply to classes (groups) providing learning in Ukrainian.

Indigenous persons shall be guaranteed the right to study in community educational institutions to obtain pre-school and general secondary education in the native language, along with the state language. This right shall be implemented by creating separate classes (groups) providing learning in the native language, along with the state language, and shall not apply to classes (groups) providing learning in Ukrainian.

Indigenous persons and members of national minorities shall be guaranteed the right to study the language of the respective indigenous people or national minorities in community institutions of general secondary education or through national cultural societies.

Persons with impaired hearing shall be guaranteed the right to study sign language and to learn the Ukrainian sign language.

2. Educational institutions shall provide obligatory study of the state language, in particular, professional (vocational), professional pre-tertiary and higher education institutions - to the extent allowing to conduct professional activities in the chosen field using the state language.

Indigenous persons or members of national minorities of Ukraine, foreigners and stateless persons shall be provided with appropriate conditions for learning the state language.

3. The state shall promote the study of global languages, primarily English, in public and community educational institutions.

4. One or more subjects may be taught in two or more languages - the state language, English, and other official languages of the European Union in educational institutions, in accordance with the curriculum.

5. At the request of professional (vocational), professional pre-tertiary and higher education seekers, educational institutions shall create opportunities to study the language of the indigenous people or a national minority of Ukraine as a separate discipline.

6. The state shall promote the establishment and operation of general secondary education institutions in other countries delivering education in Ukrainian or providing Ukrainian language lessons.

7. Specific aspects of the use of languages in certain types and at certain levels of education shall be determined by special laws.

Article 8. Types of Education

1. A person shall exercise his/her right to lifelong education through formal, non-formal and informal education. The state shall recognise these types of education, create conditions for the development of educational entities that provide appropriate educational services, and also encourage all types of education.

2. Formal education shall mean an education that is obtained under curricula in accordance with the levels of education defined by the legislation, branches of knowledge, specialities (professions) and provide for obtaining by education seekers learning outcomes of the corresponding level of education and qualifications recognised by the state.

3. Non-formal education shall mean an education that is usually obtained under curricula and shall not provide for the awarding of state-recognised educational qualifications by the level of education but may end with the assignment of professional and/or partial educational qualifications.

4. Informal education (self-education) shall mean an education that provides for the self-organised acquisition of certain competencies by a person, in particular during daily activities related to professional, social or other activities, family or leisure.

5. Learning outcomes obtained through non-formal and/or informal education shall be recognised in the formal education system in accordance with the procedure established by law.

Article 9. Forms of Obtaining Education

1. A person has the right to obtain education in various forms or combining them.

The main forms of education are as follows:

institutional (full-time (day, evening), part-time, remote, network);

individual (external, family (home), pedagogical patronage, workplace (at production site);

dual.

2. Full-time (day, evening) form of education is a way of organising studying of the education seekers providing for their direct participation in the educational process.

3. Part-time education is a way of organising the studying of education seekers by combining full-time education during short sessions and independent mastering of the curriculum between them.

4. Distance education is an individualised process of obtaining education, which occurs mainly through the indirect interaction of remote educational process participants in a specialised environment that functions on the basis of modern psychological, pedagogical, information and communication technologies.

5. Network form of education is a way of organising the study of education seekers due to which mastering the curriculum takes place with the participation of various educational entities, interacting with each other on a contractual basis.

6. The external form of education (external study) is a way of organising the study of education seekers, according to which the curriculum is fully assimilated by an education seeker independently, and the assessment of learning outcomes and awarding of educational qualifications are carried out in accordance with the legislation.

7. Family (home) form of education is a way of organising the educational process of children independently by their parents for formal (pre-school, complete general secondary) and/or non-formal education. Parents are responsible for children's education being at a level not lower than education standards. Assessment of learning outcomes and awarding of educational qualifications shall be carried out in accordance with the legislation.

8. Pedagogical patronage is a way of organising the educational process by teachers, which provides for ensuring the assimilation of the curriculum by an education seeker who, due to psychophysical condition or for other reasons defined by law, particularly in order to ensure the accessibility of education, needs such a form of education.

9. Education at the workplace is a way of organising the study of education seekers, thanks to which mastering of the curriculum (as a rule, professional (vocational), and professional pre-tertiary education) takes place at a production site through practical training, participation in the performance of work duties and tasks under the guidance of practitioners involved in the educational process.

10. Dual form of education is a method of obtaining the education that involves combining studying of persons in educational institutions (other educational entities) with training at workplaces at enterprises, institutions and organisations to acquire certain qualifications on a contractual basis, as a rule.

11. Specific aspects of applying forms of education for different levels of education may be determined by special laws.

12. Regulations on forms of education shall be approved by the central executive authority in charge of education and science.

Section II
STRUCTURE OF EDUCATION

Article 10. Components and Levels of Education

1. Integral components of the education system are as follows:

pre-school education;

complete general secondary education;

out-of-school education;

specialised education;

professional (vocational) education;

professional pre-tertiary education;

higher education;

adult education, including postgraduate education.

2. Education levels are as follows:

pre-school education;

primary education;

basic secondary education;

specialised secondary education;

first (primary) level of professional (vocational) education;

second (basic) level of professional (vocational) education;

third (higher) level of professional (vocational) education;

professional pre-tertiary education;

primary level (short-term course) of higher education;

first (bachelor's) level of higher education;

second (master's) level of higher education;

third (educational and scientific/educational and creative) level of higher education;

{Paragraph 14 Part 2 of Article 10 has been deleted under Law No. 1369-IX of 30 March 2021}

{Part 2 of Article 10 as amended by Law No. 392-IX of 18 December 2019}

3. Partial qualifications may be obtained in the system of extracurricular and adult education (including postgraduate education).

{Part 2 of Article 10 as amended by Law No. 392-IX of 18 December 2019}

Article 11. Pre-School Education

1. The purpose of pre-school education is to provide comprehensive development of children, their physical, intellectual and creative abilities through upbringing, training, socialisation and the development of necessary life skills.

2. Children of senior pre-school age shall be delivered pre-school education in accordance with the standard of pre-school education.

3. Parents are responsible for children's pre-school education.

4. Parents shall independently choose the ways and forms that ensure the implementation of the right of children to pre-school education.

5. Local self-government bodies shall create conditions for obtaining pre-school education by:

establishing and development of a network of educational institutions;

training of teachers;

implementation of non-formal curricula for parents;

taking other steps.

6. The procedure, terms, forms and features of obtaining pre-school education shall be defined by a special law.

Article 12. Complete General Secondary Education

1. The goal of complete general secondary education is the comprehensive development, upbringing and socialisation of a person who is capable of living in society and civilised interaction with nature, who seeks self-improvement and learning throughout life, who is ready for responsible life choices and self-fulfilment, responsibility, work and civic activities.

Achieving this goal shall be provided by developing key competencies necessary for every modern person to live successful life such as:

fluency in the state language;

ability to communicate in the native language (if it is other than the state language) and foreign languages;

mathematical competence;

competencies in natural sciences, engineering and technology;

innovation;

environmental competence;

information and communication competence;

lifelong learning;

civil and social competencies related to the concepts of democracy, justice, equality, human rights, wellbeing and healthy lifestyle, with awareness of equal rights and opportunities;

cultural competence;

entrepreneurship and financial literacy;

other competencies provided for in the education standard.

Common to all competencies are the following skills: reading and comprehending the text, the ability to express one's own opinion verbally and in writing, critical and systematic thinking, the ability to logically substantiate viewpoint, creativity, proactivity, the ability to keep emotions in check, assess risks, make decisions, solve issues, the ability to cooperate with other people.

2. Complete general secondary education in Ukraine is compulsory and is obtained in institutional or individual forms defined by law, usually in educational institutions.

3. Complete general secondary education has three levels of education:

4-year long primary education;

5-year long basic secondary education;

3-year long specialised secondary education.

Primary, basic secondary and specialised secondary education can be obtained in separate educational institutions or in structural divisions of the same legal entity (educational institution).

4. Primary education is usually acquired starting from the age of 6. Children aged 7 at the beginning of the school year shall start primary education in the same school year.

5. Persons with special educational needs may start acquiring primary education at a different age, and the duration of their primary and basic secondary education may be extended and supplemented with a correctional and developmental component in the curriculum. Specific aspects of obtaining complete general secondary education by such persons shall be defined by a special law.

6. At the levels of primary and basic secondary education, the educational process may be organised according to courses defined by a special law, the division into which shall be made with due account of the age characteristics of the physical, mental and intellectual development of children.

7. Obtaining specialised secondary education provides for two areas:

academic and specialised education based on a combination of the content of education defined by the standard of specialised secondary education and in-depth study of individual subjects, with due account of the abilities and educational needs of education seekers with a focus on continuing education at higher levels of education;

professional specialised education focused on the labour market based on a combination of the content of education defined by the standard of specialised secondary education, and a professionally-oriented approach to learning, with regard to the abilities and needs of school students.

Obtaining specialised secondary education in any area shall not restrict a person's right to obtain an education at other educational levels.

Educational institutions may have specialised secondary education curricula in one or both areas.

8. Learning outcomes of education seekers at each level of complete general secondary education shall be assessed by state final certification, which can be conducted in various forms defined by law, in particular, in the form of external independent evaluation.

State final certification of primary education seekers shall be conducted only for the purpose of monitoring the quality of educational activities of educational institutions and/or the quality of education.

The procedure, forms of conducting and list of academic subjects for which the state final certification is conducted shall be defined by the central executive body in charge of education and science.

9. The procedure, terms, forms and features of obtaining complete general secondary education shall be determined by a special law.

Article 13. Territorial Accessibility of Complete General Secondary Education

1. To provide the territorial accessibility of complete general secondary education, local self-government bodies shall establish and run a network of educational institutions and their branches.

Everyone has the right to obtain primary and basic secondary education in the educational institution (its branch) that is most accessible and close to the place of residence of a person.

The right of a person to obtain primary and basic secondary education in public or community educational institution (its branch), which is assigned the service area in which this person resides, shall be guaranteed, which shall not restrict the right of a person to choose another educational institution.

2. In order to create conditions for obtaining general secondary education, reasonable and efficient use of available resources and capabilities, an educational institution may have the status of a hub school.

A hub school is a general secondary education institution that has branches and/or carries out transportation of education seekers, teachers (if needed) to school and back, and provided with qualified teaching personnel, state-of-the-art capabilities and educational base and is able to ensure the proper level of obtaining primary and basic secondary education.

The regulation on a hub school shall be approved by the Cabinet of Ministers of Ukraine.

{Part 2 of Article 13 as amended by Law No. 463-IX of 16 January 2020}

3. In order to bring children's place of study closer to their place of residence, a branch of an educational institution may be established in the respective locality. A branch of an educational institution is a geographically separate structural division of an educational institution that does not have the status of a legal entity and shall operate under regulation approved by the founder of the respective educational institution on the basis of a model regulation approved by the central executive authority in charge of education and science.

Primary school can provide primary education for children (regardless of their number) of the same or different ages, which can be grouped into one or different classes (groups). The educational process in such a school can be arranged by one or more teachers or in any other form that is most convenient and appropriate to ensure that children obtain primary education in accordance with the standard of primary education.

4. Persons who obtain complete general secondary education, live in rural areas and need transportation to educational institutions and home, shall be provided with such transportation funded by local budgets, including providing the availability of appropriate transport for people with visual, hearing and musculoskeletal disorders and other people with reduced mobility.

5. Local self-government bodies of various administrative-territorial units are entitled to make a joint decision on organising primary, basic and specialised secondary education in an educational institution (its branch) and providing the transportation of education seekers to this institution and home, with due account of the needs and proposals of territorial communities.

Article 14. Out-of School Education

1. The goal of out-of-school education is to develop the abilities of children and young people in the area of education, science, culture, physical culture and sports, technical and other creative activities, to acquire their primary professional knowledge, skills and abilities necessary for their socialisation, further self-fulfilment and/or professional activities.

2. Out-of-school education may be obtained simultaneously with the acquiring of pre-school, complete general secondary, professional (vocational) and professional pre-tertiary education. Competencies obtained through out-of-school programmes can be taken into account and recognised at the appropriate educational level.

3. Out-of-school education shall be provided by extracurricular education institutions of various types, forms of ownership and subordination, other educational institutions, families, public associations, enterprises, facilities, organisations and other legal entities and individuals.

4. Public out-of-school education institutions shall be established by the central executive authorities and funded by the public budget. Other out-of-school education institutions shall be established by local self-government bodies, enterprises, institutions, organisations, including religious organisations, the charters (regulations) of which are registered in accordance with the procedure established by law, other legal entities and individuals, provided they have required capabilities and the scientific and educational framework, teachers and other employees.

5. Funding of out-of-school education shall be provided by a founder, public and/or local budgets, parents, and other sources not prohibited by law.

6. Local self-government bodies shall create conditions for the accessibility of out-of-school education by establishing, maintaining and developing a network of out-of-school education institutions in accordance with the educational, cultural and mental needs and public requests.

7. The procedure, conditions, forms and specific features of obtaining out-of-school education shall be defined by a special law.

Article 15. Professional (Vocational) Education

1. The goal of professional (vocational) education is the formation and development of professional competencies of a person necessary for professional activity in a certain profession in a respective industry, providing competitiveness in the labour market, flexibility and career prospects throughout life.

2. Professional (vocational) education shall be acquired on the basis of basic or complete general secondary education. Obtaining professional (vocational) education on the basis of basic secondary education shall be conducted with simultaneous acquiring of specialised secondary education and the corresponding certificate confirming obtaining complete general secondary education.

Professional (vocational) education Institutions can also train specialists in certain professions without providing complete general secondary education.

Persons who, for certain reasons, cannot obtain complete general secondary education simultaneously with the acquisition of a profession or who have not obtained basic secondary education, as well as those who need rehabilitation, are entitled to get professional (vocational) education.

3. Professional (vocational) education levels are as follows:

first (primary) level of professional (vocational) education;

second (basic) level of professional (vocational) education;

third (higher) level of professional (vocational) education;

4. Professional (vocational) education institutions are entitled to conduct training at the level of professional pre-tertiary education in accordance with the corresponding standards. Licensing of such educational activities and accreditation of respective curricula shall be carried out according to the standard procedure.

{Part 4 of Article 15 as amended by Law No. 392-IX of 18 December 2019}

5. A person who has acquired professional (vocational) education of the appropriate level may continue studying at the following educational levels, including under a reduced training programme, in cases and in accordance with the procedure established by law.

6. Professional (vocational) educational institutions shall provide training, retraining and advanced training of persons covered by public and/or local budgets, and under agreements with enterprises, institutions, organisations, individuals and/or legal entities.

7. The procedure, terms, forms and specific features of obtaining professional (vocational) education shall be determined by a special law.

Article 16. Professional Pre-Tertiary Education;

1. Professional pre-tertiary education is aimed at the formation and development of educational qualifications that confirm the ability of a person to perform typical specialised tasks in a certain field of professional activity related to the performance of production tasks of increased complexity and/or the implementation of limited managerial functions, characterised by a certain uncertainty of conditions and require the application of provisions and methods of relevant science, and ends with the acquisition of appropriate educational and/or professional qualifications.

2. Professional pre-tertiary education is acquired on the basis of complete or basic secondary education. Obtaining professional pre-tertiary education on the basis of basic secondary education shall be conducted with simultaneous acquiring of complete secondary education and the corresponding certificate confirming obtaining complete general secondary education.

{Part 3 of Article 16 has been deleted under Law No. 392-IX of 18 December 2019}

{Article 16, Part IV has been deleted under Law No 141–IX of 2 October 2019}

5. Institutions of professional pre-tertiary education may form educational and methodical, educational, research and production and other associations on a sectoral or professional basis.

6. A person who has received a degree in professional pre-tertiary education can continue to study at the levels of higher education, including a reduced exercise programme.

7. The procedure, conditions, forms and specific features of obtaining professional pre-tertiary education shall be defined by a special law.

Article 17. Higher Education

1. The objective of higher education for a person is to obtain of a high level of scientific and/or creative artistic, professional and general expertise necessary for activities in a certain programme of study or in a certain field of knowledge.

2. Higher education is acquired on the basis of complete general secondary education.

The level, degree of higher education, the procedure, conditions, forms and features of its obtaining are determined by a special law.

3. Research, scientific and technical and innovative activities of institutions of higher educational (for institutions of higher education of cultural and artistic direction – artistic activity) is an obligatory and integral part of their educational activities.

4. An integral part of the educational programme of higher education in the arts is guiding assistantship and internship work, which is carried out at universities and academies based on a master's degree and is the main form of training for art performing personnel of the upper level.

Article 18. Adult Education

1. Adult education is an integral part of lifelong education, aimed at realising the right of every adult to continuous learning, taking into account his/her personal needs, priorities of social development and the needs of the economy.

2. Public authorities and local self-government bodies create conditions for formal, non-formal and informal education of adults.

3. Components of adult education:

postgraduate education;

professional training of employees;

recurrent courses and/or professional development;

ongoing professional development;

other components that are provided for by legislation, proposed by the subject of educational activity or independently determined by a person.

4. Any person has the right to freely choose any educational institution, establishment, organisation, other entity of educational activity, types, forms, rates of education and an educational programme within the scope of education obtaining by adults.

5. Postgraduate education involves the acquisition of new and improvement of previously acquired expertise and skills based on higher, professional (vocational) or professional pre-tertiary education and practical experience.

6. Postgraduate education includes:

area of specialisation – special training for a person to acquire the ability to execute tasks and duties that have features within the scope of profession;

retraining – adult education aimed at professional training in order to master the other (others) profession (professions)

recurrent training – acquiring of new and/or improvement of previously acquired expertise within the framework of professional activity or field of knowledge;

internship (traineeship) – acquiring practical experience in performing tasks and responsibilities in a particular professional activity or field of knowledge.

7. Postgraduate education in health care includes:

internship;

medical residency.

The internship is carried out at universities, academies, institutes, scientific institutions, health care institutions recognised by the central executive authority in the field of health care as an internship base and is a mandatory form of primary area of specialisation for persons in medical and pharmacology special fields to obtain the qualifications of a doctor specialist or pharmacy specialist.

Medical residency is carried out at universities, academies, institutes, scientific institutions, health care institutions recognised by the state executive body in the field of health care as a base for medical residency, and is a form of medical specialists majoring in certain medical professions to obtain the qualifications of a doctor specialist according to the list of medical professions approved by the central executive body in the field of health care.

8. The basics of professional training for employees are determined by law.

9. recurrent training courses are carried out to acquire new expertise for the education seeker within the scope of the professional activities or field of knowledge.

10. Ongoing professional development is a continuous training process and improvement of the professional expertise of specialists after receiving higher and/or postgraduate education that allows maintaining or improving the standards of professional activities and goes on throughout the entire period of his/her professional activities.

11. Educational institutions carrying out educational activities to improve the professional development of employees, the obligation of which is provided by law, must obtain a license for the relevant activity and/or accredit relevant educational programmes for internship training.

{Paragraph 1, Part 11 of Article 18 as amended by Law No. 1369-IX of 30 March 2021}

Pedagogical, academic and research and/or scientific and other workers are employees of postgraduate education institutions licensed for carrying out educational activities.

Article 19. Education of Persons With Special Educational Needs

1. Public authorities and local self-government bodies shall create conditions for ensuring the rights and opportunities of persons with special educational needs to obtain education at all educational levels, with due account of their individual needs, capabilities, skills and inclinations.

2. The state shall provide training of specialists to work with persons with special educational needs at all educational levels.

3. For education, professional training or retraining of persons with special educational needs, those types and forms of education shall be applied that take into account their needs and individual capabilities.

4. Public authorities, local self-government bodies and educational institutions shall create conditions for persons with special educational needs to obtain education on an equal basis with other persons through appropriate financial and personnel support and administrative assistance and providing a universal design and/or reasonable adjustment that takes into account the individual needs and capabilities of such persons defined in the individual development programme.

5. Education, upbringing and development of persons with special educational needs in pre-school, out-of-school and general secondary education institutions shall be funded by public and local budgets, and other sources nor prohibited by law, with due regard to the needs of a child defined in the individual development programme.

6. Enrolment of persons in special educational institutions, their transfer from one type of institution to another and expulsion of such persons shall be conducted in accordance with the procedure established by the central executive agency in charge of education and science.

7. Categories of persons with special educational needs shall be determined by the regulatory acts of the Cabinet of Ministers of Ukraine, with due regard to international rules and standards.

{Article 19 as amended by Law No. 463-IX of 16 January 2020}

Article 20. Inclusive Education

1. Inclusive education of education seekers shall be based on the principles of non-discrimination, with due regard to the human diversity, effective involving and including all its participants in the educational process;

The organisation of inclusive education in educational institutions at the corresponding educational levels shall be conducted in accordance with the procedures approved by the Cabinet of Ministers of Ukraine.

2. Upon the application of a person with special educational needs or his/her parents, an educational institution shall establish an inclusive class and/or group without fail.

A special class and/or group shall be formed by the head of an educational institution in agreement with a founder of this educational institution or the authorised body.

Educational institutions shall create conditions for people with special educational needs in accordance with an individual development programme and with due account of their individual needs and capabilities.

In accordance with the legislation, an educational institution shall organise and/or ensure the provision of psychological, pedagogical, correctional and developmental services, and auxiliary means for learning to persons with special educational needs.

3. In order to conduct a comprehensive psychological and pedagogical assessment of children's development, render psychological, pedagogical and correctional services, provide psychological and pedagogical support for children with special educational needs, local self-government bodies shall establish inclusive resource centres.

4. Buildings, structures and rooms of educational institutions and inclusive resource centres shall meet the accessibility requirements in accordance with state building codes and standards.

5. Designing, construction and reconstruction of buildings, structures, rooms of educational institutions and inclusive resource centres shall be carried out with due consideration of the principles of universal design and/or reasonable adjustment.

{Article 20 as amended by Law No. 463-IX of 16 January 2020}

Article 21. Specialised Education

1. Specialised education is education in arts, sports, a military or scientific direction that can be obtained within the scope of formal, non-formal, informal education, aimed at receiving the expertise in the relevant field of professional activity during training in an ongoing integrated educational process at several or all levels of education and requires early identification and development of individual skills and abilities.

The state develops conditions for receiving arts, sports, military or scientific education, including in specialised educational institutions of all levels.

2. Art education provides for the acquisition of special abilities, aesthetic experience and value orientations in the process of active creative activity, the acquisition of a set of professional, including executive, expertise by a person and is aimed at the professional artistic and creative personal fulfilment of the individual and obtaining qualifications in various types of art.

Art education shall include the following:

primary art education is acquired simultaneously with primary and/or basic secondary education and resides in the acquisition of entry-level expertise in the chosen art form by the applicant;

specialised art education, acquired on the basis of primary art education simultaneously with complete general secondary education and is focused on ongoing education at the next level of art education;

professional pre-tertiary art education acquired on the basis of primary art and basic secondary education with the simultaneous obtaining of complete general secondary education or on the basis of complete general secondary education and consists in the acquisition of professional expertise by the education seekers in a certain art major;

higher art education acquired on the basis of a specialised or professional pre-tertiary art education and complete general secondary education, and means the acquisition of the expertise of the corresponding higher education degree seeker(Junior Bachelor, Bachelor, Master, Doctor of Philosophy / Doctor of Art) in a certain art major by the applicant of higher education.

{Paragraph 6, Part 2 of Article 21 as amended by Law No. 1369-IX of 30 March 2021}

Individuals receiving art education in institutions of special art education at the same time as receiving complete secondary education are provided with places in boarding houses, meals, educational equipment and scholarships in accordance with the law free of charge.

{Paragraph 12 Part 2 of Article 21 as amended by Law No. 463-IX of 16 January 2020}

Regulations on institutions of special art education shall be approved in the manner determined by special laws.

3. Sports education shall presume the digestion of the educational programme in the corresponding kind of sport in order to obtain a set of professional expertise in the field of physical culture and sports, the formation and development of individual abilities of the person, in-depth mastery of major in the chosen sport and is acquired simultaneously with the secondary, professional (vocational and technical), professional pre-tertiary or higher education.

Curricula in the relevant kind of sport shall be developed by all-Ukrainian sports federations and are approved by the central executive body in the field of physical culture and sports.

Persons who receive sports education in institutions of specialised sports education with specific training conditions shall be provided free of charge with rooms in dormitories, meals, full-dress uniform and sports uniforms, sports equipment and scholarships in accordance with the law.

{Paragraph 3 Part 3 of Article 21 as amended by Law No. 910-IX of 17 September 2020}

Regulations on institutions of specialised sports education with specific training conditions shall be approved by the Cabinet of Ministers of Ukraine on the proposal of the central executive body in the field of physical culture and sports.

4. Military education shall presume the digestion of a military training educational programme in order to acquire a set of professional expertise, the formation and development of individual personal abilities and in-depth mastery of military specialisation and is acquired simultaneously with secondary, professional (vocational and technical), pre-tertiary or higher education.

Educational programmes in military training shall be developed by specialised education institutions of the military (military-sports) direction and are approved by the state authorities, which authority and direction includes the relevant educational institutions.

The structure of military training shall include:

preliminary military training providing for the acquisition of primary combined arms and special expertise by persons;

training in military-technical and military-medical qualifications;

military vocational training of privates, non-commissioned officers (warrant officers) of compulsory military service and contract military service, which is carried out on the basis of basic, specialised secondary, professional (vocational) or pre-tertiary vocational education;

training of non-commissioned officers (warrant officers) of the military service under a contract with the simultaneous receipt of higher education, is carried out on the basis of complete general secondary education;

training of officers is carried out on the basis of complete general secondary, vocational (vocational and technical), professional pre-tertiary higher or higher education for receiving the corresponding degrees of higher education and levels of military education (tactical, operational and tactical or operational and strategic).

Persons who receive military education in institutions of specialised education of the military (military and sports) programme are provided with rooms in dormitories, food, special clothing and scholarships free of charge in accordance with the law.

Regulations on the specialised educational institution with military profile shall be approved by the Cabinet of Ministers of Ukraine with due regard to the specific laws and upon submission by the central executive agency in charge of defence;

{Paragraph 10 Part 4 of Article 21 as revised by Law No. 463-IX of 16 January 2020}

Regulations on military structural divisions of educational institutions shall be approved by the central executive authority in the field of education and science and the central executive agency in charge of defence.

The grounds of military education are regulated by this Law, the Law of Ukraine “On General Military Duty and Military Service” and special laws.

5. Scientific direction education is a type of specialised education based on experience-oriented training, aimed at the in-depth study of special subjects and the acquisition of expertise necessary for further experimental, design, and invention activities.

Scientific direction education shall be received at two levels:

basic scientific direction education is received in specialised institutions simultaneously with basic secondary education and consists of the acquisition of initial expertise by the applicant for experimental, design, inventive and innovation activities;

field-specific education in a scientific direction is acquired in specialised institutions simultaneously with complete general secondary education and is focused on ongoing education at the next education levels.

Persons who receive scientific direction education at institutions of specialised field-specific education at the same time as basic secondary education and complete secondary education are provided with rooms in dormitories, meals, educational equipment and scholarships free of charge in accordance with the provisions on institutions of specialised field-specific education.

Regulations on institutions of specialised field-specific scientific education shall be approved by the Cabinet of Ministers of Ukraine on the proposal of the central executive body in the field of education and science.

The state shall develop conditions for attracting young people to scientific and research and technical activities, including the system of specialised field-specific scientific-educational institutions, in particular the Small Academy of Sciences of Ukraine, the status and basis of which are determined by the Law of Ukraine “On Scientific and Research and Technical Activities”.

6. Standards of specialised education, in addition to the standards of higher education, shall be approved by the central executive authorities that ensure the formation and implementation of state policy in the relevant areas.

7. Institutions of specialised education shall carry out educational activities in accordance with their own curricula, including end-to-end or standard educational programmes, which are approved by the central executive authorities, which management includes the relevant educational institutions.

Accreditation of educational programmes of specialised education, institutional audit and/or institutional accreditation of institutions of specialised education shall be carried out with the obligatory involvement of representatives of the relevant field.

Specialised education seekers receiving education in end-to-end educational programmes, shall enter the next level of education in the manner determined by the central executive authority in the field of education and science in agreement with the central executive authorities, the management of which includes the relevant educational institutions.

8. Financing of receiving specialised education shall be carried out at the expense of the state budget, including the provision of educational subventions to local budgets, local budget funds and other sources not prohibited by law.

Section III
EDUCATIONAL INSTITUTIONS

Article 22. Organisational and Legal Status of Educational Institutions

1. A legal entity shall have the status of an educational institution if the educational activity is its main activity.

An individual entrepreneur or the structural unit of a legal entity of private or public law, whose main activity is educational activity shall have the rights and obligations of the educational institution provided for by this Law and other laws of Ukraine The individual entrepreneur or a structural unit of a legal entity of private or public law, whose educational activity ceases to be the main type of its activity, shall lose its rights and obligations, including the rights to benefits provided for by law for educational institution.

Educational activity shall be considered the main type of activity if the income for this type of activity and/or from this type of activity exceeds half of the total income of this legal entity (individual entrepreneur).

2. The educational institution as a business entity can operate in one of the following statuses:

budgetary institution;

non-profit institution of higher education;

profitable institution of higher education.

3 Depending on the founder, an educational institution may operate as a state-owned, community, private or corporate setting.

The following individuals or legal entities are not eligible as founders of an educational institution:

an individual who is the citizen/national of the state recognised by the Verkhovna Rada of Ukraine as the aggressor state or occupant state;

a legal entity with foreign investment originating from the aggressor state or occupant state, or incorporated in the aggressor state or occupant state, or whose end beneficiary/controller is a resident of the aggressor state or occupant state.

{Part 3 of Article 22 as amended by Law No. 463-IX of 16 January 2020}

4. The educational institution shall be able to carry out educational activities simultaneously at different levels of education and for different types of education and create structural units for this purpose.

5. In order to carry out statutory activities the educational institution may, on a contractual basis, unite with other legal entities, creating educational, educational and research, scientific, educational and production and other associations, each of whose members shall retain the status of a legal entity.

6. The status, organisational and legal form, type of educational institution shall be determined by the founder and indicated in the constituent documents of the educational institution.

7. Educational institutions regardless of all types of ownership shall have equal rights and duties in accordance with applicable law.

8. Educational institutions shall operate on the basis of their own constituent documents, approved by their founders in accordance with the law.

Article 23. Autonomy of Educational Institution

1. The state shall guarantee the academic, organisational, financial and personnel autonomy of educational institutions.

2. The scope of the autonomy of educational institutions shall be determined by this Law, special laws and the constituent documents of the institution.

Article 24. Educational Institution Management

1. The management system of educational institutions shall be defined by law and constituent documents.

The constituent documents of an educational institution must anticipate the delineation of the competence of the founder (founders), other governing bodies of the educational institution and its structural units in accordance with the law.

2. Management of the educational institution within the powers determined by laws and constituent documents of this institution shall be carried out by:

founder (founders);

director of the educational institution;

governing board of the educational institution management;

governing board of self-government body;

other bodies provided for by special laws and/or constituent documents of the institution.

Article 25. Rights and Liabilities of the Educational Institution Founder

1. Rights and liabilities of the educational institution founder to manage the educational institution shall be determined by this Law and other laws of Ukraine, and the constituent documents of the institution.

Founder of the educational institution or its authorised body (person) shall:

{Paragraph 1 Part 2 of Article 25 as revised by Law No. 463-IX of 16 January 2020}

make a decision to establish, re-organise, winding-up or change the type of the educational institution, approve its original or restated charter, and execute the Memorandum of Association in cases envisaged by law;

{Paragraph 2 Part 2 of Article 25 as revised by Law No. 463-IX of 16 January 2020}

conclude a fixed-term employment agreement (contract) with the head of the educational institution, elected (appointed) in the manner prescribed by law and the constituent documents of the educational institution;

tear up a fixed-term employment agreement (contract) with the head of the educational institution on the grounds and in the manner determined by the legislation and the constituent documents of the educational institution;

approve the estimate and accept the financial report of the educational institution in the cases and in the manner determined by the law;

monitor the financial and economic activities of the education institution;

monitor compliance with the constituent documents of the educational institution;

make arrangements for the creation of inclusive educational environment at the educational institution, universal design and reasonable accommodation;

monitor the non-admission of privileges or restrictions (discrimination) based on race, skin colour, political, religious, and other beliefs, sex, ethnic and social origin, property status, place of residence, linguistic or other characteristics.

monitor the implementation of the action plan aimed at preventing and countering bullying (harassment) at the educational institution; consider complaints about the refusal to respond to cases of bullying (harassment) based on claims from education seekers, their parents, legal representatives, and other persons and make decisions based on the results of consideration of such complaints; contribute to the creation of a safe educational environment and take measures to provide social and psychological and pedagogical services to education seekers who have committed bullying (harassment), witnessed it or suffered from bullying;

{Part 2 of Article 25 is supplemented with a new paragraph in accordance with Law No. 2657-VIII of 18 December 2018}

implement other rights provided for by legislation and the constituent documents of the institution.

3. The founder or the body (person) authorised by him shall not have the right to interfere with the activities of the educational institution that is carried out within the limits of its autonomous rights, determined by law and constituent documents.

{Part 3 of Article 25 as amended by Law No. 463-IX of 16 January 2020}

4. The founder or the body (person) authorised by him may delegate individual powers to the educational institution management body and/or to the supervisory board (board of regents) of the educational institution.

{Part 4 of Article 25 as amended by Law No. 463-IX dated 16 January 2020}

5. The founder shall have the right to establish an educational institution carrying out educational activities at several levels of education.

6. The founder of the educational institution shall be obliged to:

ensure the maintenance and development of capabilities of the founded educational institution at a level sufficient to meet the requirements of education standards and licensing conditions;

in the event of reorganisation or winding-up of the educational institution, provide education seekers with the opportunity to continue their studies at the appropriate level of education;

ensure the establishment in the educational institution of unimpeded environment for participants of the educational process, in particular for persons with special educational needs in accordance with the legislation.

Article 26. Head of Educational Institution

1. The head of the educational institution shall directly manage the institution and shall be responsible for the educational, financial, economic and other activities of the educational institution.

The powers (rights and obligations) and responsibility of the head of the educational institution shall be determined by law and the constituent documents of the institution.

The head shall represent the educational institution in relations with the government authorities, local governments, legal entities and individuals, and shall act without power of attorney within the powers stipulated by this Law and the institution's statute.

2. The head of the educational institution shall be appointed by the founder in the manner prescribed by laws and institution's statute, from among applicants who are fluent in the state language and have higher education.

Additional qualification requirements for the head and the election (appointment) procedure shall be determined by special laws and institution's statute.

3. The head of the educational institution within his/her powers shall:

organise the educational institution activities;

solve issues of financial and economic activities of an educational institution;

appoint and dismiss employees, determine their job description;

ensure the organisation of the educational process and monitor the implementation of educational programmes;

ensure the functioning of the internal system for provision of the quality of education;

ensure conditions for efficient and open public control over the operation of the educational institution;

promote and create conditions for the activities of educational institution self-government bodies;

promote a healthy lifestyle for education seekers and employees of the educational institution;

ensure the creation of a safe educational environment at the educational institution, free from violence and bullying (harassment), including:

{Part 3 of Article 26 is supplemented with a new paragraph in accordance with Law No. 2657-VIII of 18 December 2018}

taking into consideration the proposals of the territorial departments (divisions) of the National Police of Ukraine, the central executive body that ensures the formation and implements the state policy in the field of health care, the main body in the system of central executive bodies that ensures the formation and implements the state juridical policy, services for children and centres of social services for families, children and youth develops, approves and publishes an action plan aimed at preventing and combating bullying (harassment) at the educational institution;

{Part 3 of Article 26 is supplemented with a new paragraph in accordance with Law No. 2657-VIII of 18 December 2018}

consider claims about cases of bullying (harassment) of education seekers, their parents, legal representatives, other persons and issue a decision to carry out the investigation; convene meetings of the commission to consider cases of bullying (harassment) to make a decision on the results of the investigation and take appropriate response actions;

{Part 3 of Article 26 is supplemented with a new paragraph in accordance with Law No. 2657-VIII of 18 December 2018}

ensure the implementation of measures for the provision of social, psychological and pedagogical services to education seekers who have committed bullying, witnessed it or suffered from bullying (harassment);

{Part 3 of Article 26 is supplemented with a new paragraph in accordance with Law No. 2657-VIII of 18 December 2018}

inform the authorised departments of the National Police of Ukraine bodies and the Service for Children about cases of bullying (harassment) at educational institutions;

{Part 3 of Article 26 is supplemented with a new paragraph in accordance with Law No. 2657-VIII of 18 December 2018}

have other powers envisaged by the law and constituent documents of the educational institution.

Article 27. Collegiate Governing Bodies of Educational Institutions

1. The main collegial governing body of educational institutions shall be the academic or pedagogical council, which is established in the cases and in the manner provided for by special laws.

2. The main powers, responsibility, procedure for the formation and activities of collegial management bodies of an educational institution shall be determined by legislation and the constituent documents of the institution.

Article 28. Public Self-Governance at Educational Institutions

1. Public governance at the educational institution is the right of the educational process participants to be involved, whether directly and/or through public governance bodies, in decision-making pertaining to the educational process at the educational institution, protection of their rights and interests, leisure time and recreation, and participate in public supervision/control and management of the educational institution within the scope defined by the law and constituent documents of the educational institution.

2. Public governance at educational institutions is governed by part 8 of Article 70 of this Law.

The following bodies may function at educational institutions:

governance bodies of the staff of the educational institution;

governance bodies of education seekers;

parents governance bodies.

other governance bodies of educational process participants.

2. General meeting (conference) of the staff of the educational institution shall be the supreme (collegiate) body of public governance of the institution's staff.

3. Powers, responsibility and operational principles of any public governance bodies shall be defined by special laws and constituent documents of the educational institution.

Article 29. Supervisory Board (Board of Regents) of Educational Institutions

1. The supervisory board (board of regents) of the educational institution shall be established by the decision of the founder in accordance with special laws. The procedure for the formation of the supervisory board (board of regents), its responsibility, the list of powers and term of office, as well as the procedure for its activities shall be determined by special laws and constituent documents of the institution.

2. The supervisory board (board of regents) shall contribute to the implementation of the institution's development task, raising funds to support its development and oversee the use of any such funds, liaise with state authorities and local governments, the scientific community, NGOs, members of the public, legal entities and individuals.

3. Members of the supervisory board (board of regents) of the educational institution shall have the right to participate in the work of collegial bodies of the educational institution with an advisory vote.

4. The supervisory board (board of regents) of the educational institution may not include education seekers and employees of this institution.

5. The supervisory board (board of regents) shall have the right:

participate in the determination of development strategy for the educational institution and monitor its implementation;

facilitate attraction of additional funding;

analyse and evaluate the activities of the educational institution and its head;

monitor the implementation of cost estimate and/or budget of the educational institution and make relevant recommendations and proposals which must be considered by the educational institution head;

submit to the founder of the educational institution proposals on promotion or recalling of the institution's head on the grounds stipulated by the law;

bring about other rights defined by special laws and/or constituent documents of the institution.

Article 30. Transparency and Publicity of Educational Institutions

1. Educational institutions shall form open and public resources with information about their activities and publish such information. Access to such information for persons with visual impairments can be provided in various forms and taking into account the capabilities of the educational institution.

2. Educational institutions licensed to carry out educational activities shall be obliged to provide on their websites (in their absence, on the websites of their founders) open access to such information and documents:

charter of the educational institution;

licenses for educational activities;

certificates of educational programme accreditation, the certificate of institutional accreditation of a higher education institution;

structure and governing bodies of the educational institution;

the staff of the educational institution in accordance with the licensing conditions;

educational programmes implemented at the educational institution and a list of educational components provided for by the corresponding educational programme;

territory of service assigned to the educational institution by its founder (for institutions of pre-school and general secondary education);

licensed number and actual number of persons studying at the educational institution;

language (languages) of the educational process;

availability of vacancies, the procedure and conditions for holding a competition to fill the vacancy (in case of its holding);

maintenance and development of educational institution capabilities (according to licensing conditions)

directions of scientific and research and/or artistic activity (for higher education institutions);

availability of dormitories and rooms in them, the amount of payment for accommodation;

quality of education monitoring results;

annual report on the educational institution activities;

admission rules to educational institutions;

conditions for the accessibility of the educational institution for training persons with special educational needs;

fees for education, training, retraining, professional development of education seekers;

list of additional educational and other services, their cost, procedure for provision and payment;

rules of conduct at the educational institution for the education seeker;

{Part 2 of Article 30 is supplemented with a new paragraph in accordance with Law No. 2657-VIII of 18 December 2018}

action plan aimed at preventing and combating bullying (harassment) at the educational institution;

{Part 2 of Article 30 is supplemented with a new paragraph in accordance with Law No. 2657-VIII of 18 December 2018}

procedure for filing and considering (confidentially) claims about cases of bullying (harassment) at the educational institution;

{Part 2 of Article 30 is supplemented with a new paragraph in accordance with Law No. 2657-VIII of 18 December 2018}

procedure for responding to proven cases of bullying (harassment) in an educational institution and the responsibility of persons involved in bullying (harassment)

{Part 2 of Article 30 is supplemented with a new paragraph in accordance with Law No. 2657-VIII of 18 December 2018}

other information published by the decision of the educational institution or due to the legislation.

3. Educational institutions that receive public funds and their founders shall be obliged to publish on their websites the estimate and financial report on the receipt and use of all funds, information on the list of goods, works and services received as charitable aid, indicating their cost, as well as funds received from other sources not prohibited by law.

4. Information and documents provided for in parts two and three of this Article, if they are not classified as information with limited access, shall be posted for open access no later than ten working days from the date of their approval or amendments to them, unless otherwise is specified by law.

5. The list of additional information obligatory for publication by educational institutions may be determined by special laws.

Article 31. Peculiarities of Relations between Educational Institutions and Political Parties (Associations) and Religious Organisations

1. State and communal educational institutions separated from the church (religious organisations) shall have a secular identity.

2. Private educational institutions, including those founded by religious organisations, shall have the right to determine the religious orientation of their own educational activities.

3. Political parties and associations, including their members and active or candidate members of parliament, may not operate at educational institutions, including by establishing their representation branches or any intervention in education.

No advertising materials, posters, gifts, stands, leaflets, audio or video content, and any other tangible or intangible objects (other than textbooks) containing any of the following may be kept, placed or distributed at educational institutions:

names or emblems of any political parties/associations, or any NGOs or charitable organisations whose names or emblems resemble those of any political parties/associations;

pictures and names of any members or founders of political parties/associations or any NGOs or charitable organisations whose names or emblems resemble those of any political parties/associations;

pictures and names of elected individuals and individuals authorised to act on behalf of the state or local governance.

This prohibition shall not apply to official correspondence, implementation of the educational programme of the educational institution and other cases envisaged by electoral legislation;

{Part 3 of Article 31 as amended by Law No. 463-IX of 16 January 2020}

4. The management of educational institutions, pedagogical, scientific, pedagogical and scientific workers, state authorities and local self-government bodies, their officials shall be prohibited from involving education seekers to participate in events organised by religious organisations (except for educational institutions specified in part two of this Article) or political parties (associations), except for the activities provided for by the educational programme.

5. The management of educational institutions, state authorities and local self-government bodies, their officials shall be prohibited from involving employees of educational institutions to participate in events organised by religious organisations (except for educational institutions defined in part two of this Article) or political parties (associations).

6. Education seekers may not be limited in their right to receive education in state and municipal educational institutions on the basis of their affiliation or non-affiliation with religious organisations or political parties (associations).

7. Additional requirements for carrying out pedagogical (scientific and pedagogical) activities in educational institutions, defined by part two of this Article, shall be determined by their constituent documents.

Section IV
EDUCATION STANDARDS, CURRICULA, QUALIFICATIONS AND EDUCATIONAL DOCUMENTS

Article 32. Education Standards

1. The educational standard shall define:

requirements for compulsory expertise and learning outcomes of the education seeker at the corresponding level;

the total volume of the study load of education seekers;

other components provided by special laws.

2. Education standards are developed in accordance with the National Qualifications Framework.

3. Education standards shall be developed and approved in the manner determined by special laws and other regulatory legal acts.

4. Central government bodies in accordance with this Law and special laws, authorised to approve educational standards, shall publish on their websites:

drafts of the relevant standards for the purpose of their public discussion;

educational standards no later than ten days from the date of their approval.

Article 33. Curriculum

1. The educational standard of the corresponding level (if any) shall be the basis for the curriculum development.

2. The curriculum shall include:

requirements to individuals who may study under the programme;

list of educational components and their logical sequence;

total workload and expected learning outcomes for education seekers.

3. Curricula shall be developed by educational institutions, scientific institutions, other entities of educational activity and approved in accordance with this Law and special laws.

Curricula shall anticipate educational components for the free choice of education seekers.

Educational institutions may use standard or other curricula that shall be developed and approved in accordance with this Law and special laws.

Institutions of specialised education, educational associations and educational institutions carrying out educational activities at various levels of education may use end-to-end educational programmes that cover different levels of education and are developed, approved (accredited) in accordance with this Law and special laws.

4. Curricula may have a correctional and developmental component for persons with special educational needs.

Article 34. Qualifications

1. Qualifications by volume shall be classified into full and partial, by content – into educational and professional ones.

2. The qualification shall be considered complete if a person receives a complete list of expertise of the corresponding level of the National Qualifications Framework, which are defined by the relevant standard.

3. Qualification shall be considered partial if a person has acquired a part of the expertise of the corresponding level of the National Qualifications Framework, which are defined by the relevant standard.

4. In this Law, unless otherwise specified, the term “qualification” shall mean complete qualification.

5. Educational qualification shall be a set of learning outcomes (expertise) established by the education standard and obtained by the person, recognised by an educational institution or other authorised entity of educational activity and certified by an appropriate educational document.

6. Professional qualification shall be a set of expertise (learning outcomes) acquired by a person, recognised by a qualification centre, the educational activity entity, another authorised entity and certified by the appropriate document allowing to perform a certain type of work or carry out professional activities.

7. Learning outcomes and expertise required for the award of educational and/or professional qualifications can be achieved and acquired in the system of formal, non-formal or informal education.

8. Educational qualifications shall be awarded, recognised and confirmed by educational institutions or other entities of educational activity.

Professional qualifications shall be awarded, recognised and confirmed by entities authorised by legislation, in particular, entities of educational activities.

9. Qualification centres shall be entities authorised to assess and recognise the learning outcomes of individuals (in particular, obtained through non-formal or informal education), assignment and/or confirmation of relevant professional qualifications.

10. Procedures for the award (assignment), confirmation of qualifications, as well as the procedure for education and activities and the legal status of entities carrying out activities for the assessment and recognition of educational and/or professional qualifications shall be determined by special laws and other regulatory legal acts.

Article 35. National Qualifications Framework

1. The National Qualifications Framework shall be designed to harmonise educational and professional qualifications.

The number of qualification levels in the National Qualifications Framework shall correspond to the number of levels in the European Qualifications Framework.

The National Qualifications Framework, as well as changes in it, shall be approved by the Cabinet of Ministers of Ukraine on the proposal of the central executive body in the field of education and science.

2. The National Qualifications Framework shall be intended for use by public authorities and local self-government bodies, institutions and organisations, educational institutions, employers, other legal entities and individuals for the purpose of developing, identifying, correlating, recognising, planning and evolving qualifications.

3. The National Qualifications Framework shall be based on European and national standards and principles for ensuring the quality of education, shall take into account the labour market requirements for the expertise of workers and shall be introduced with the aim of harmonising legislation in the fields of education and social and labour relations, promoting national and international recognition of qualifications obtained in Ukraine, establishing effective interaction between the education sector and the labour market.

{Article 35 as revised by Law No. 392-IX of 18 December 2019}

{Article 36 has been deleted under Law No.392–IX of 18 December 2019}

Article 37. National Qualifications System

1. The National Qualifications System shall be a set of institutions and legal norms that regulate the formation and development of educational and professional qualifications, their compliance with the needs of society and the labour market.

{Part 1 of Article 37 as amended by Law No. 392-IX of 18 December 2019}

2. The structure and functioning of the National Qualifications System shall be defined by law.

Article 38. National Qualifications Agency

{Article 38 shall come into force on 1 January 2018 – refer to Clause 1, Section XII}

1. The National Qualifications Agency shall be a permanent collegial body authorised to implement the state policy in the field of qualifications.

The National Qualifications Agency shall be formed on a parity basis of representatives of the central executive authorities in the field of education and science, social policy, economic development, a joint representative body of all-Ukrainian associations of employers' organisations and a joint representative body of representative all-Ukrainian associations of trade unions.

The National Qualifications Agency shall:

participate in the development of regulatory legal acts in the field of qualifications

ensure interaction, coordination and improvement of the efficiency of the activities of stakeholders in the field of qualifications

accompany the implementation of the National Qualifications Framework in compliance with the requirements of this Law;

carry out international cooperation in the field of qualifications, including the aim of harmonising the National Qualifications Framework with similar international documents;

coordinate assessments of the state policy efficiency in the field of qualifications;

ensure forecasting of the labour market needs for qualifications;

provide support for information provision of the National Qualifications System and the National Qualifications Framework;

create and maintain the Register of Qualifications;

prepare a draft procedure for the development, implementation and review of professional standards and submit it for approval by the Cabinet of Ministers of Ukraine;

register professional standards and ensure open access to standards;

coordinate the development of professional standards;

participate in the development of educational standards;

carry out accreditation of qualification centres;

develop criteria and procedures for the recognition of professional qualifications received in other countries;

form requirements for the procedures for awarding qualifications, recognition of the results of non-formal and informal learning;

interact with bodies and institutions ensuring the quality of education;

exercise other powers stipulated by the law.

3. The National Qualifications Agency shall be a legal entity of public law, formed by the Cabinet of Ministers of Ukraine and shall act based of the charter approved by the Cabinet of Ministers of Ukraine.

Article 39. Professional standards

1. Professional standard shall be a duly approved requirement for the expertise of employees, which serve as the basis for the formation of professional qualifications.

2. Professional standards can be developed by employers, their organisations and associations, government bodies, scientific institutions, industry councils, public associations, and other interesting subjects.

3. The procedure for the development, introduction into effect and review of professional standards shall be approved by the Cabinet of Ministers of Ukraine on the proposal of the National Qualifications Agency.

Article 40. Documents on Education

1. After successful completion of training in the educational program, education seekers (except for pupils of pre-school educational institutions) shall receive an appropriate educational document.

Document on education shall be produced taking into account the availability of information recreated on it (using Braille) at the request of the education seeker (persons with visual impairments).

2. Education documents shall be issued by educational institutions and other educational entities.

The procedure for the production, issuance and registration of educational documents, the requirements for their form and/or content shall be determined by legislation.

The procedure for the production, issuance and registration of educational documents provided for by special laws, the requirements for their form and/or content shall be approved by the central executive authority in the field of education and science, taking into account the requirements of special laws.

3. Information on the issued documents on secondary, vocational (primary vocational), vocational pre-tertiary and higher education shall be entered into the Unified State Register of Education Documents in the manner determined by the central executive authority in the field of education and science.

Section V
EDUCATION QUALITY ASSURANCE

Article 41. Education Quality Assurance System

1. The purpose of the development and functioning of the education quality assurance system in Ukraine shall be:

ensuring the quality of education;

building public confidence in the system and educational institutions, as well as educational authorities;

ongoing and consistent improvement of the quality of education;

assistance to educational institutions and other educational entities in improving the quality of education.

2. The components of the education quality assurance system are:

quality assurance system at educational institutions (internal system of education quality assurance);

system of external education quality assurance;

system of quality assurance in governance bodies and institutions that provide external education quality assurance.

3. Quality assurance system at educational institutions (internal system of education quality assurance) may include:

strategy (policy) and procedures for ensuring the quality of education;

system and mechanisms for ensuring academic virtue;

released criteria, rules and procedures for the assessment of education applicants;

released criteria, rules and procedures for assessing pedagogical (scientific and pedagogical) activities of pedagogical and scientific-pedagogical workers;

released criteria, rules and procedures for assessing the management activities of the leading employees of the educational institution;

ensuring the availability of the necessary resources for organising the educational process, including the independent work of applicants for education;

ensuring availability of information systems for the efficient administration of educational institution;

making arrangements for the creation of inclusive educational environment at the educational institution, universal design and reasonable accommodation;

other procedures and activities that are determined by special laws or documents of the institution.

4. The system of external quality assurance in education may include:

1) tools, procedures and measures to ensure and improve the quality of education, in particular:

standardisation;

licensing of educational activities;

accreditation of educational programmes;

institutional accreditation;

public accreditation of educational institutions;

independent external evaluation of study results;

institutional audit;

monitoring the quality of education;

teaching staff performance evaluation;

certification of teaching staff;

public supervision;

other tools, procedures and measures determined by special laws;

2) bodies and institutions, determined by this Law and special laws, responsible for ensuring the quality of education, and authorised by the state institutions that carry out Independent External Evaluation;

3) independent entities for education quality evaluation and assurance

5. The system of quality assurance in governance bodies and institutions that provide external education quality assurance shall include:

quality assurance policies and procedures for its own operations;

necessary resources to organise processes and procedures;

external independent audit of the activities (processes and procedures) of the relevant authorities and institutions.

6. The peculiarities of the functioning of the quality assurance system at each level of education shall be determined by special laws.

Article 42. Academic Integrity

1. Academic integrity shall be a set of ethical principles, as well as rules defined by the Law, which should be followed by educational process participants during studies, teaching and conducting scientific (creative) activities in order to ensure confidence in learning results and/or scientific (creative) achievements.

2. Observance of the academic integrity by pedagogical, academic and research and scientific workers shall provide for:

links to sources of information when using ideas, study aids, assertions, information;

observance of the norms of legislation on copyright and related rights;

provision of reliable information about methods and research results, sources of information used and own pedagogical (academic and research, creative) activities;

control over the observance of academic integrity by education seekers;

impartial assessment of learning outcomes.

3. The observance of academic integrity by education seekers shall provide for:

independent fulfilment of educational tasks, tasks of current and final control of learning outcomes (for persons with special educational needs, this requirement is applied taking into account their individual needs and capabilities);

links to sources of information when using ideas, study aids, assertions, information;

observance of the norms of legislation on copyright and related rights;

provision of reliable information about the results of own educational (scientific, creative) activities, used research methods and sources of information.

4. The following shall be considered a violation of academic integrity:

academic plagiarism – (partial or complete) disclosure of research (creative) results obtained by other persons as the results of their own research (creativity) and/or reproduction of published texts (works of art) by other authors without attribution;

self-plagiarism – (partial or complete) disclosure of one's own previously published scientific results as new ones;

fabrication – making up data or facts used in the educational process or scientific research;

falsification – deliberate change or modification of existing data concerning the educational process or scientific research;

cribbing – making written work with the involvement of external sources of information, except for those permitted for use, in particular when assessing learning outcomes;

deception – providing deliberately false information about one's own educational (scientific, creative) activities or the organisation of the educational process; forms of deception are academic plagiarism, self-plagiarism, fabrication, falsification and cribbing;

bribery – giving (receipt) or an offer to provide (receive) funds, property, services, benefits or any other benefits of a material or intangible nature by the participant of the educational process in order to obtain an undue advantage in the educational process;

biased assessment – deliberate overestimation or underestimation of the assessment of learning outcomes of education seekers;

in course of the assessment of the educational performance, providing the students with any assistance or creating any obstacles that are not envisaged by the conditions and/or procedures of such assessment;

{Part 4 of Article 42 has been supplemented with paragraph ten under Law No. 463-IX of 16 January 2020}

making any impact (such as asking, persuading, instructing, threatening, forcing, etc.) on any member of the teaching or academic staff with the purpose of the biased assessment of educational performance.

{Part 4 of Article 42 has been supplemented with paragraph eleven under Law No. 463-IX of 16 January 2020}

5. Pedagogical, academic and research and scientific workers of educational institutions may be brought to the following academic responsibility for breach of academic integrity:

refusal to award a degree of scientific and educational or educational and creative level or confer an academic title;

{Paragraph 2, Part 5 of Article 42 as amended by Law No. 1369-IX of 30 March 2021}

deprivation of the awarded degree of scientific and educational or educational and creative level or the awarded academic title;

{Paragraph 3, Part 5 of Article 42 as amended by Law No. 1369-IX of 30 March 2021}

refusal to award or deprive the assigned pedagogical title, qualification category;

deprivation of the right to participate in the activities of bodies specified by law or to hold positions specified by law.

6. Education seekers may be brought to the following academic responsibility for breach of academic integrity.

repeated passing of assessment (test, exam, credit test, etc.);

repeated passing of the relevant component of the educational program;

expulsion from the educational institution (except for persons receiving general secondary education)

deprivation of an academic scholarship;

deprivation of benefits provided by the educational institution for tuition fees.

7. Types of academic responsibility (including additional and/or detailed) of educational process participants for specific violations of academic integrity shall be determined by special laws and/or internal regulations of the educational institution that must be approved (agreed) by the main collegial governing body of the educational institution and agreed with the relevant self-governing bodies of education seekers in terms of their responsibility.

8. The procedure for identifying and establishing the facts of breach of academic integrity shall be determined by the authorised collegial management body of the educational institution taking into account the requirements of this Law and special laws.

Every person against whom the issue of academic integrity breach has been initiated shall have the right to:

get acquainted with all review materials to establish the fact of the breach of academic integrity, submit comments to them;

provide oral and written explanations or refuse to provide any explanations, participate in the study of evidence of a breach of academic integrity personally or using a representative;

be aware of the date, time and place and be present when considering the establishment of the issue of breach of academic integrity and bringing to academic responsibility;

appeal the decision on bringing to academic responsibility to the body authorised to consider appeals, or to the court.

9. Forms and types of academic responsibility of educational institutions shall be determined by special laws.

10. A person may be held liable for other types of liability on the grounds and in the manner prescribed by law for actions (inactions) recognised by this Law as a breach of academic integrity.

Article 43. Licensing of Educational Activities

1. Licensing of educational activities shall be a procedure for recognising the ability of a legal entity or an individual to provide educational services at a certain level of education in accordance with licensing conditions.

2. Educational activities shall be carried out on the basis of the licence issued by licensing authority in accordance with the law.

{Part 2 of Article 43 as amended by Law No. 392-IX of 18 December 2019; amendments to part two of Article 43 see in Law № 463-IX of 16 January 2020}

3. Licence terms shall be determined separately for each level of education. The licence terms shall be formed taking into account the special requirements for accessibility for persons with special educational needs. Requirements for licence terms shall be determined by special laws.

4. Licensing, control over compliance with licence terms, issuance and cancellation of licences for educational activities shall be carried out in the manner prescribed by law.

5. Education licence may not be issued and the issued licence shall be revoked if the founder (co-founder) of the private or corporate educational institution is:

an individual who is the citizen/national of the state recognised by the Verkhovna Rada of Ukraine as the aggressor state or occupant state;

a legal entity with foreign investment originating from the aggressor state or occupant state, or incorporated in the aggressor state or occupant state, or whose end beneficiary/controller is a resident of the aggressor state or occupant state.

{Article 43 has been supplemented with part five under Law No. 463-IX of 16 January 2020}

Article 44. Accreditation of Educational Programme

1. Accreditation of the educational programme shall be an assessment of the educational programme for its compliance with the educational standard, as well as the ability of the educational institution to ensure that education seekers achieve the learning outcomes provided for in the educational programme.

2. Accreditation of the educational programme is voluntary and shall be carried out at the initiative of the educational institution.

The educational programme shall be accredited if it is provided by a special law.

The basics of accreditation of educational programs shall be determined by special laws.

3. The educational programme of the corresponding level of education shall be accredited by the body for ensuring the quality of education, determined by a special law, and/or accredited public professional associations or other accredited legal entities that independently assess the quality of education and educational activities of educational institutions.

Article 45. Institutional Audit

1. Institutional audit is a comprehensive external audit and assessment of educational and governance processes at the educational institution (except for higher education institutions) that ensure its efficient operation and sustainable development.

2. The purpose of the institutional audit is to assess the quality of educational activities of educational institutions and develop recommendations for:

upgrade of education quality of educational institutions and enhancement of the internal system of education quality assurance;

bringing educational and governance processes in line with the legislation, and the licensing terms and conditions in particular.

{Paragraph 3 of Part 2 of Article 45 as amended by Law No. 463-IX of 16 January 2020}

3. The results of the institutional audit shall be published on the websites of the educational institution (if any), the founder (except for the founder of a private educational institution) and the body that carried out the institutional audit.

4. Institutional audit shall be carried out by the central executive body for education quality assurance.

5. Institutional audit shall be carried out in a planned manner if it is provided for by a special law.

Educational institutions that have a valid certificate of public accreditation of the institution shall be considered to have passed the institutional audit in a planned manner.

{Paragraph 2 Part 5 of Article 45 as amended by Law No. 463-IX of 16 January 2020}

6. The institutional audit shall be carried out on an unscheduled basis at the educational institution that has a poor quality of educational performance.

The institutional audit can also be carried out on an unscheduled basis at the initiative of the founder, head, collegial governing body, the highest collegial body of public self-government or the educational institution supervisory board (board of regents).

7. Based on the results of the institutional audit on the quality of educational activities of educational institutions, an internal system for ensuring the quality of education, as well as recommendations for improving the activities of educational institutions the conclusion shall be provided.

In the event that the educational activities of the educational institution are found to be inconsistent with the legislation and/or licence terms, the body that conducting the audit shall determine the time period for eliminating deficiencies and violations in the work of the educational institution. Verification of rectification of the findings and violations shall be conducted following the end of such period. In case of the negative result of such verification, the founder of the educational institution may provide recommendations to replace the director of the educational institution, or terminating or reorganising the educational institution.

8. Features of conducting institutional audit at the appropriate level of education shall be determined by special laws.

Article 46. Institutional Accreditation

1. Institutional accreditation shall be an assessment of the quality of educational activities of higher education institutions.

2. Institutional accreditation shall be voluntary and can be carried out at the initiative of the higher education institution.

3. Institutional accreditation shall be made by the National Agency for Higher Education Quality Assurance in cooperation with national and international experts, as well as international institutions working in the field of quality assurance in higher education and recognised by the National Agency for Higher Education Quality Assurance.

4. The foundations of institutional accreditation shall be determined by the special law.

Article 47. Independent External Evaluation

1. Independent external evaluation is the evaluation of learning results obtained by a person at a certain educational level, which is carried out by a specially authorised state institution (organisation).

2. Independent external evaluation shall be conducted based on independent external evaluation programmes approved by the central executive authority that ensures the formation and implementation of state policy in the relevant area. Content of independent external evaluation programmes shall comply with educational standards at relevant level and shall be made public at least 18 months prior to the independent external evaluation.

3. Independent external evaluation shall be carried out based on the following principles:

validity (justification and suitability of evaluation methods and techniques for specific purposes);

openness and transparency;

objectiveness;

reliability;

accessibility;

responsibility.

4. The procedures, forms and order for conducting independent external evaluation shall be defined by the central executive body that shall ensure the formation and implement state policy in the relevant area, taking into account the capabilities of persons with special educational needs and must be made public at least six months before the independent external evaluation.

5. Independent external evaluation of learning outcomes shall be carried out at the expense of the state budget and at the expense of other sources not prohibited by law.

Independent external evaluation of the learning outcomes of persons completing basic and specialised secondary education shall be made at the expense of the state budget.

6. The regulation on the institution (organisation) specially authorised by the state shall be approved in accordance with the legislation.

7. The grounds of external independent assessment, not established by this Law, shall be defined by special laws.

Article 48. Monitoring of the Quality of Education;

1. Monitoring of the quality of education is a system of consistent and systematic measures carried out in order to identify and track trends in the development of the quality of education in the country, in certain territories, at educational institutions (other entities of educational activity), to establish the correspondence of the actual results of educational activities to its declared goals as well as assessing the extent, direction and reasons for deviations from goals.

2. The quality of education monitoring can be internal and external.

Internal monitoring of the quality of education shall be conducted by educational institutions (other entities of educational activity).

External monitoring of the quality of education can be carried out by any bodies, enterprises, institutions, organisations, other legal entities that independently assess the quality of education and educational activities. The participation of educational institutions (other entities of educational activity) and participants of the educational process in external monitoring of the quality of education shall be voluntary, except for cases established by law.

3. The procedure, types and forms of monitoring of the quality of education shall be approved by the central executive body in the field of education and science.

4. The central executive body in the field of education and science shall organise the participation of educational institutions in comparative studies of the quality of education.

Article 49. Public Accreditation of Educational Institutions

1. Public accreditation of educational institutions is an assessment of the educational institution on the efficiency of the internal system for ensuring the quality of education and ensuring that education seekers shall achieve the learning outcomes stipulated by educational programmes and educational standards.

Public accreditation of educational institutions shall be carried out in order to recognise the quality of educational activities of the educational institution and form its positive image and reputation.

2. Public accreditation of educational institutions shall be made on a voluntary basis at the request of the educational institution.

3. Public accreditation of educational institutions shall be conducted by professional public associations accredited in the prescribed manner, other accredited legal entities that independently assess the quality of education and educational activities.

4. The results of public accreditation of the educational institution can be taken into account during the accreditation of educational programmes and institutional accreditation.

5. Successful results of public accreditation of the educational institution shall be certified with the appropriate certificate issued for a period of up to ten years.

Article 50. Attestation of Teaching Staff

1. Attestation of teaching staff is a system of measures aimed at comprehensive and integrated assessment of the pedagogical activity of teaching staff.

2. Attestation of teaching staff can be regular or extraordinary. A teaching employee (educator) shall undergo regular attestation at least once every five years, except as otherwise provided by law.

3. Based on the results of attestation, the correspondence of the educator to the position held shall be determined, qualification categories shall be assigned or confirmed, and pedagogical titles shall be assigned. The list of categories and pedagogical ranks of teaching staff shall be defined by the Cabinet of Ministers of Ukraine.

{Part 3 of Article 50 as amended by Law No. 463-IX of 16 January 2020}

4. The decision of the attestation commission may be the basis for termination of employment of the educator in the manner prescribed by law.

5. Regulations on certification of teaching staff shall be approved by the central executive body in the field of education and science.

6. Regulations on certification of teaching staff who ensure the acquisition of professional competencies in specialised education shall be approved by the central executive body that ensures the formation and implementation of state policy in the relevant area.

Article 51. Certification of Teaching Staff

1. Certification of teaching staff is an external assessment of the professional expertise of the educator (including in pedagogy and psychology, practical skills in the use of modern teaching methods and techniques) that is carried out through independent testing, self-assessment and the study of practical work experience.

2. Certification of educators shall take place on a voluntary basis solely on their initiative.

3. The formation and maintenance of the teacher certification system shall be carried out by the central executive body in the field of education and science.

The procedure for certification of teachers shall be conducted by institutions authorised by the state, the regulations on which shall be approved by the Cabinet of Ministers of Ukraine.

4. Based on the results of successful certification, the teacher shall be awarded a certificate that is valid for three years. Successful completion of the certification shall be taken into account as passing the educator attestation.

5. Teaching staff who shall receive additional payment for the successful completion of certification shall introduce and disseminate competence-based teaching methods and new educational techniques.

Teaching staff who have a certificate may be involved in conducting institutional audits in other educational institutions, developing and accrediting educational programmes, as well as in other procedures and activities related to quality assurance and the implementation of innovations, pedagogical innovations and techniques in the education system.

6. Regulations on certification of teaching staff shall be developed by the central executive body in charge of educational institutions, and shall be approved by the Cabinet of Ministers of Ukraine.

Section VI
EDUCATIONAL PROCESS PARTICIPANTS

Article 52. Categories of Educational Process Participants

1. The educational process participants shall be as follows:

education seekers;

pedagogical, academic and research workers;

parents of education seekers;

individuals engaged in educational activities;

other persons provided for by special laws and involved in the educational process in accordance with the procedure established by an educational institution.

Article 53. Rights and Obligations of Education Seekers

1. Education seekers shall have the right to:

lifelong learning and academic mobility;

individual learning path, implemented, in particular, through the free choice of types, forms and pace of education, educational institutions and their curricula, academic disciplines and their complexity level, learning methods and means;

quality educational services;

fair and impartial assessment of learning outcomes;

have their achievements commended;

freedom of creative, sports, health-promoting, cultural, educational, scientific and scientific and technical activities, and so on;

safe and harmless conditions of study, accommodation and work;

respect for human dignity;

protection from humiliating honour and dignity, from any form of violence and exploitation, bullying (harassment), discrimination on any grounds, propaganda and campaigns that can harm the health of an education seeker during the educational process;

{Paragraph 10 Part 1 of Article 53 as amended by Law No. 2657-VIII of 18 December 2018}

receive social, psychological and pedagogical services as a person who has suffered from bullying (harassment), witnessed it, or committed bullying (harassment);

{Part 1of Article 53 is supplemented with a new paragraph in accordance with Law No. 2657-VIII of 18 December 2018}

use the library, educational, scientific, industrial, cultural, sports, household, the health-improving infrastructure of an educational institution and the services of its structural divisions in accordance with the procedure established by the educational institution under special laws;

access information resources and communications used in the educational process and scientific activities;

provision of scholarships in accordance with the procedure established by the Cabinet of Ministers of Ukraine;

work activities during extracurricular hours;

retention of the place of study for the period of compulsory military service and/or during mobilisation, for a special period;

personal participation or participation through legal representatives in public self-government and management of an educational institution;

other necessary terms for obtaining education, including for people with special educational needs and people from vulnerable social groups.

2. For the duration of production site training and practising, education seekers shall be provided with workplaces, safe and harmless working environment in accordance with training programmes and agreements between educational institutions and enterprises, organisations that provide places for training and practising at the production site. During training and practising at the production site, it is prohibited to use the work of education seekers for purposes not provided for in the training programme.

3. Education seekers shall:

comply with the requirements of the training programme (individual curriculum, if any), adhering to the principle of academic integrity, and achieve the learning outcomes provided for by the education standard for the relevant level of education;

respect the dignity, rights, freedoms and legitimate interests of all educational process participants, comply with ethical standards;

be responsible about their own health, the health of other people, and the environment;

comply with the constituent documents, internal regulations of the educational institution, and terms of the agreement on the provision of educational services (if any);

inform the management body of the educational institution about the facts of bullying (harassment) against education seekers, pedagogical, academic and research workers, and other persons involved in the educational process, which they personally witnessed or about which they received reliable information from other persons.

{Part 3 of Article 53 is supplemented by Paragraph 6 in accordance with Law No. 2657-VIII of 18 December 2018}

4. Education seekers also have other rights and obligations stipulated by the legislation and constituent documents of the educational institution.

5. Involvement of education seekers during the educational process to perform work or to participate in events not related to the implementation of the training programme shall be prohibited, except in cases stipulated by the Resolution of the Cabinet of Ministers of Ukraine.

Article 54. Rights and Obligations of Pedagogical, Academic and Research Workers, Other Persons Involved in the Educational Process

1. Pedagogical, academic and research workers shall have the right to:

academic freedom, including freedom of teaching, freedom from interference in pedagogical, academic and research activities, free choice of forms, methods and means of teaching in line with the curriculum;

pedagogical initiative;

development and implementation of original curricula, projects, educational methodology and technologies, methods and tools, primarily methods of competence-based education;

use the library, educational, scientific, industrial, cultural, sports, household, the health-improving infrastructure of an educational institution and the services of its structural divisions in accordance with the procedure established by the educational institution under special laws;

advanced training, retraining;

free choice of curricula, forms of training, educational institutions, institutions and organisations, and other educational entities that conduct advanced training and retraining of teachers;

access information resources and communications used in the educational process and scientific activities;

have their achievements commended;

fair and impartial assessment of their professional activities;

protection of professional honour and dignity;

individual educational (scientific, creative, artistic and other) activities outside the educational institution;

research leave for a period of up to 1 year once every 10 years with crediting to the length of service;

be provided housing as a priority, soft loans for individual and cooperative construction;

be provided with official housing with all amenities in accordance with the procedure provided for by law;

safe and harmless working conditions;

extended paid leave;

participation in public administration of an educational institution;

participation in the work of collegial management bodies of an educational institution;

protection during the educational process from all forms of violence and exploitation, including bullying (harassment), discrimination on any grounds, from propaganda and campaigns that are harmful to health.

{Part 1 of Article 54 is supplemented with Paragraph 20 in accordance with Law No. 2657-VIII of 18 December 2018}

2. Pedagogical, academic and research workers shall:

upgrade their professional and general cultural levels and pedagogical skills on an ongoing basis;

implement a curriculum to ensure that education seekers achieve required learning outcomes;

promote the development of educational seekers' abilities, the formation of healthy lifestyle skills, and take care of their physical and mental health;

observe academic integrity and ensure that education seekers in the educational process and scientific activities comply with it;

adhere to pedagogical ethics;

respect the dignity, rights, freedoms and legitimate interests of all educational process participants;

build respect for public morals and public values, in particular truth, justice, patriotism, humanism, tolerance, and hard work, by teaching and personal example;

raise awareness among education seekers of the need to comply with the Constitution and laws of Ukraine, protect the sovereignty and territorial integrity of Ukraine;

teach education seekers to respect the state language and state symbols of Ukraine, national, historical and cultural values of Ukraine, respect historical and cultural heritage of Ukraine and the environment;

foster seeking for mutual understanding, peace, and harmony between all peoples, ethnic, national, and religious groups;

protect education seekers during the educational process from any form of physical and psychological violence, humiliation of honour and dignity, discrimination on any grounds, propaganda and campaigns harmful for health of an education seeker, prohibit the use of alcohol and drugs by education seekers and other persons on the grounds of educational institutions, other bad habits;

{Paragraph 12 Part 2 of Article 54 as amended by Law No. 463-IX of 16 January 2020}

comply with the constituent documents and internal regulations of the educational institution, perform their official duties;

inform the management body of an educational institution about the facts of bullying (harassment) against education seekers, pedagogical, academic and research workers, and other persons involved in the educational process, which they personally witnessed or about which they received reliable information from other persons, take urgent steps to stop bullying (harassment).

{Part 2 of Article 54 is supplemented by Paragraph 14 in accordance with Law No. 2657-VIII of 18 December 2018}

3. Pedagogical, academic and research workers also have other rights and obligations stipulated by the legislation, collective agreement, employment contract and/or constituent documents of the educational institution.

4. The rights and obligations of other persons involved in the educational process shall be determined by the legislation, respective contracts and/or constituent documents of the educational institution.

5. Distraction of pedagogical, academic and research workers from performing professional duties shall not be allowed, except in cases provided for by law.

6. Persons guilty of violating this Article shall be liable in accordance with the law.

Article 55. Rights and Obligations of Parents of Education Seekers

1. Upbringing in a family is the primary basis for the development of a child as a personality. Parents have equal rights and responsibilities regarding the education and development of their child.

2. Parents of education seekers shall have the right to:

protect the rights and legitimate interests of education seekers in accordance with the law;

apply to educational institutions and educational management bodies on issues related to education;

choose an educational institution, curriculum, type and form of education;

participate in the public self-government of an educational institution, in particular, to elect and be elected to the public self-government bodies of an educational institution;

be notified in advance about all scheduled and unscheduled pedagogical, psychological, healthcare and sociological events, studies, surveys, pedagogical experiments in the educational institution and give consent to their child's participation;

participate in the compiling of an individual child development programme and/or an individual curriculum;

be notified about the activities of an educational institution, including the provision of social and psychological and pedagogical services to persons who have suffered from bullying (harassment), witnessed it or committed bullying (harassment), learning outcomes of their children (children whose legal representatives they are) and the results of assessing the quality of education in the educational institution and its educational activities;

{Paragraph 8 of Part 2 of Article 55 as amended by Law No. 2657-VIII of 18 December 2018}

submit a statement to the management body or a founder of an educational institution about cases of bullying (harassment) against a child or any other educational process participant;

{Part 2 of Article 55 is supplemented by Paragraph 9 in accordance with Law No. 2657-VIII of 18 December 2018}

demand a comprehensive and impartial investigation of cases of bullying (harassment) against a child or any other educational process participant.

{Part 2 of Article 55 is supplemented by Paragraph 10 in accordance with Law No. 2657-VIII of 18 December 2018}

3. Parents of education seekers shall:

foster children's respect for human dignity, rights, freedoms and legitimate interests, laws and ethical rules, responsible attitude to their own health, the health of other people and the environment;

promote the child's implementation of the curriculum and the child's achievement of the learning outcomes;

respect the dignity, rights, freedoms and legitimate interests of a child and other educational process participants;

take care of the child's physical and mental health, promote the development of his/her abilities, and develop healthy lifestyle skills;

develop a child's culture of dialogue, a culture of living in mutual understanding, peace and harmony between all peoples, ethnic, national and religious groups, representatives of different political and religious views and cultural traditions, different social origin, family and property status;

build respect for public morals and public values, in particular truth, justice, patriotism, humanism, tolerance, and hard work, by teaching and personal example;

raise awareness among children of the need to comply with the Constitution and laws of Ukraine, protect the sovereignty and territorial integrity of Ukraine;

teach a child to respect the state language and state symbols of Ukraine, national, historical and cultural values of Ukraine, respect historical and cultural heritage of Ukraine and the environment;

comply with the constituent documents, internal regulations of the educational institution, and terms of the agreement on the provision of educational services (if any);

assist the management body of the educational institution in conducting an investigation into cases of bullying (harassment);

{Part 3 of Article 55 is supplemented by Paragraph 11 in accordance with Law No. 2657-VIII of 18 December 2018}

enforce the decisions and recommendations of the commission for consideration of cases of bullying (harassment) in an educational institution.

{Part 3 of Article 55 is supplemented by Paragraph 12 in accordance with Law No. 2657-VIII of 18 December 2018}

4. The state shall provide assistance to parents of education seekers in the performance of their duties, protect the rights of a family.

Public authorities and local self-government bodies shall respect the right of parents to raise their children in accordance with their own religious and philosophical beliefs, and educational entities shall take into account the respective beliefs when organising and implementing the educational process, which shall not violate the rights, freedoms and legitimate interests of other educational process participants.

5. Other rights and obligations of parents of education seekers may be established by the legislation, the constituent documents of an educational institution and a contract for the provision of educational services (if any).

Article 56. State Guarantees for Education Seekers

1. Persons obtaining complete general secondary education in educational institutions outside the place of residence shall be provided with dormitories and/or transportation for the period of study.

2. Local self-government bodies shall provide special reduced fares for school students, pupils, students and teachers to travel to the place of study and home in accordance with the procedure and amounts determined by them covered by respective local budgets.

3. Public and community educational institutions subordinate to public authorities and local self-government bodies shall provide free hot meals to:

orphans, children deprived of parental care, children with special educational needs who study in special and inclusive classes (groups), children from families who get an allowance in accordance with the Law of Ukraine “On State Social Assistance to Low-Income Families”, children from among the persons defined in Article 10 of the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection”, who study in pre-school, general secondary, professional (vocational) or professional pre-tertiary education institutions;

{Paragraph 2 Part 3 of Article 56 as amended by Law No. 978-IX of 5 November 2020}

persons of other categories defined by the legislation and/or decision of the local self-government body.

4. Persons obtaining education in professional (vocational) education institutions shall be provided with dormitories, scholarships, and special clothing for the period of study in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

5. Persons obtaining education in professional pre-tertiary and higher education institutions shall be provided with dormitories for the period of study and be entitled to receive scholarships in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

6. For persons who study, the state shall guarantee the right to additional leave at the place of work, reduced working hours and other benefits provided for by law for persons who both work and study.

7. For the purpose of obtaining education, professional (vocational), professional pre-tertiary and higher education seekers may be provided with state financial support, concessional lending, guarantees for obtaining loans, partial compensation of interest rates on loans, and so on, in accordance with the legislation.

Article 57. State Guarantees for Pedagogical and Academic and Research Workers

1. The state shall provide pedagogical and academic and research workers with:

proper terms and conditions of employment and medical care;

payment for professional development;

legal and social protection, professional advocacy;

differentiation of official salaries (rates of wages) according to qualification categories, the establishment of increased official salaries (rates of wages) for teaching titles, allowances for honorary titles, additional payments for scientific degrees and academic titles;

payment of annual monetary remuneration to teaching staff in the amount of up to one official salary (wage rate) for conscientious work, exemplary performance of duties;

payment of assistance to pedagogical and academic and research workers for health improvement in the amount of a monthly official salary (wage rate) when granting annual leave;

provision of preferential long-term loans for construction (renovation) or purchase of housing or provision of service housing in the manner prescribed by the Cabinet of Ministers of Ukraine;

seniority pension;

other guarantees determined by the law of Ukraine.

2. The same average earnings shall retain in the event of illness of a pedagogical or academic and research worker, which temporarily makes it impossible to fulfil official duties and restricts the possibility of staying in a team of persons studying or temporary transfer to another job in these or other circumstances or undergoing military service upon conscription in mobilisation. In the event of illness or injury, the previous average earnings shall be paid until the restoration of the ability to work or the establishment of disability.

3. Pedagogical workers working in rural areas and urban-type settlements, as well as pensioners who previously worked as pedagogical workers in such settlements and live in them, the state, in accordance with the law, shall provide free use of housing with heating and lighting within the established norms. These benefits set out in this part provided that the family total average income in the previous 6 months per one family member is not higher than the income that gives rise to tax benefits identified by the Cabinet of Ministers of Ukraine.

These workers shall have the right for the gratuitous acquisition of land plot within the land share of a member of an agricultural enterprise, agricultural institution and organisation located on the territory of the relevant council, from the lands of the agricultural enterprise, agricultural institution and organisation being privatised, or land reserves or a reserve fund, but not more than the norms of gratuitous transfer of land plots to citizens, established by law for personal farming.

Paragraph two of this part shall not apply to citizens who have previously acquired the right to land allotment (share) and land for personal subsidiary farming or personal farming, except in cases of inheritance of the right to land allotment (share), land plots for personal subsidiary farming or personal farming under the law.

4. Pedagogical and academic and research workers may be awarded state awards, presented for the state awards of Ukraine, marked with badges, certificates, other types of moral and material encouragement for special labour merits.

Section VII
EDUCATION, PROFESSIONAL DEVELOPMENT AND REMUNERATION OF PEDAGOGICAL AND ACADEMIC AND RESEARCH WORKERS

Article 58. Requirements for Education and Professional Qualifications of Pedagogical Worker of Educational Institution

1. Pedagogical activity at educational institutions shall be carried out by persons working in the positions of pedagogical workers.

2. Persons whose physical and mental condition allows them to carry out pedagogical activities and who have educational and/or professional qualifications that meet the established legislation, in particular the professional standard (if any), qualification requirements for the corresponding positions of pedagogical workers, shall be accepted for the positions of teaching staff.

3. Persons who have received a higher, professional pre-tertiary or professional (vocational) education in pedagogical majors (pedagogical education), the corresponding educational institution shall assign the professional qualification of educator. Pedagogical education shall involve the training of a person, the result of which is the acquisition of expertise in majors (subject, specialisation), pedagogy, psychology, including by means of pedagogical training necessary to ensure the process of learning, upbringing and personal development, including persons with special educational needs, monitoring of pedagogical activity and analysis of pedagogical experience, educational measurements, the use of educational techniques and teaching methods, effective ways of interaction of all participants in the educational process.

4. Persons who have received higher, professional pre-tertiary or professional (vocational) education at educational institutions in a different major, this institution may assign a professional qualification of an educator if it is provided for by the relevant educational programme.

5. Persons who have received higher, professional pre-tertiary or professional (vocational) education in different major and who have not been awarded the professional qualification of educator, may be appointed to the position of educator for one year.

Persons can continue to work in the relevant positions of teaching staff of the pre-school, out-of-school, professional (vocational), professional pre-tertiary, higher and postgraduate education system after their successful certification in the manner prescribed by law.

Persons providing complete general secondary education, the professional qualification of educator can be awarded by the institution of higher or postgraduate education or by a relevant qualification centre after one year of work in the positions of educators providing complete general secondary education, subject to the successful passing of the qualification exam in accordance with the qualification requirements to a teacher or an appropriate professional standard (if any).

Article 59. Professional Development and Recurrent Training of Pedagogical and Academic and Research Workers

1. Professional development of pedagogical and academic and research workers shall imply constant self-education, participation in advanced training programmes and any other types and forms of professional growth. Educational institutions employing pedagogical and academic and research workers shall contribute to their professional development and recurrent training.

2. Recurrent training can be carried out in various types (training under the educational programme, internships, participation in certification programmes, training, seminars, workshops, meetings, training seminars, webinars, master classes, etc.) and in various forms (institutional, dual in the workplace, etc.).

Pedagogical and academic and research workers shall have the right to improve their qualifications in educational institutions that have a licence for recurrent training or conduct educational activities according to accredited educational programmes. The results of professional development in such educational institutions shall not require separate recognition and confirmation.

Pedagogical and academic and research workers shall have the right to improve their qualifications in other entities of educational activity, individuals and legal entities. The results of recurrent training of pedagogical (academic and research) workers in such entities shall be recognised by a separate decision of the pedagogical (academic) council. Terms and conditions and procedure for recognising the results of recurrent training in such entities shall be determined in accordance with part six of this Article.

{Subparagraph 3 Part 2, Article 59 shall come into force on 1 January 2018 – refer to Clause 1, Section XII}

The pedagogical (academic and research) worker shall choose the type, form and entity of recurrent training.

3. The pedagogical (academic) council of the educational institution, on the basis of the proposals of the pedagogical (academic and research) workers shall approve the annual plan for the recurrent training of pedagogical (academic and research) workers (with or without separation from the educational process).

{Part 3 of Article 59 as amended by Law No. 463-IX of 16 January 2020}

4. Professional development shall be a prerequisite for attestation of a teaching staff member and is taken into account when electing by competition for the position of academic and research workers.

5. The total number of hours allotted for professional development of the pedagogical (academic and research) worker shall be paid from the relevant budgets, determined by legislation.

Funds for professional development of pedagogical (academic and research) workers shall be received by the educational institution, which distributes them by decision of the pedagogical (academic) council of the educational institution.

Professional development of pedagogical (academic and research) workers may be financed by the founder of the educational institution, the educational institution where he/she works, the pedagogical (academic and research) worker, as well as other individuals and legal entities.

For the period of professional development with separation from the educational process in the amount determined by the legislation, the place of work (position) shall be retained for the pedagogical (academic and research) worker with the preservation of the average salary.

6. The procedures for professional development of pedagogical and academic and research workers, including the procedure for payment, conditions, and procedure for recognising professional development results shall be approved by the Cabinet of Ministers of Ukraine.

{Part 6 of Article 59 as amended by Law No. 463-IX of 16 January 2020}

Article 60. Working Hours of Pedagogical and Academic and Research Workers

1. Working hours of pedagogical workers shall include the time required for doing any teaching, upbringing, methodological, administrative and other pedagogical work envisaged by the labour agreement.

2. Working time of academic and research staff member shall include the time for fulfilling educational, methodical, scientific, organisational activities and other labour duties.

3. The specific list and scope of types of work of pedagogical and academic and research workers shall be established by an employment contract in accordance with legislation.

4. The norms of the pedagogical (educational) workload of pedagogical (academic and research) workers per one rate of pay shall be established by special laws.

5. The founder or the body authorised by him, the heads of educational institutions and their structural subdivisions shall have no right to demand from the pedagogical and academic and research workers to perform work that is not provided for by the labour contract.

Article 61. Remuneration of Labour of Pedagogical and Academic and Research Workers

1. Remuneration of labour of pedagogical and academic and research workers shall be made at the expense of the state and/or local budgets, funds of the founders, own receipts of educational institutions, grants, as well as other sources not prohibited by law.

2. The official salary of pedagogical workers of the lowest qualification category shall be established at the rate of three minimum wages.

{Paragraph 1 Part 2 of Article 61 shall come into force on 1 January 2018 and shall be implemented according to Subclause 1 of Clause 6 Section XII – refer to Paragraph 1, Section XII}

The official salary of pedagogical workers of each subsequent qualification category shall be increased by at least 10 per cent.

The lowest official salary of the academic and research worker shall be set 25 per cent higher than the official salary of the pedagogical worker of the lowest qualification category.

{Paragraph 3 Part 2 of Article 61 shall come into force on 1 January 2018 and shall be implemented according to Subparagraph 1 of Clause 6, Section XII – refer to Paragraph 1, Section XII}

Every next official salary of the academic and research worker shall increase by at least 10 per cent of the previous one.

The official salary schemes (wage rates) of pedagogical and academic and research workers of state and municipal educational institutions shall be approved by the Cabinet of Ministers of Ukraine taking into account the provisions of this Law.

The founder of a private educational institution shall have the right to establish other amounts and conditions of remuneration, remuneration and assistance for pedagogical and academic and research workers than those provided for by this Law. Public funds received by the private or corporate educational institution shall be channelled in accordance with the applicable law to state-owned and municipal educational institutions.

3. Academic and research, scientific and pedagogical workers of educational institutions shall be paid additional payments for scientific degrees and academic titles in accordance with the law.

4. Pedagogical and academic and research workers shall be established monthly allowances for the length of service in the amount of:

more than three years – 10 per cent;

more than 10 years – 20 per cent;

more than 20 years – 30 per cent of the official salary.

5. The pedagogical worker who has passed certification shall receive a monthly fringe benefit in the amount of 20 per cent of the official salary (wage rate) in proportion to the amount of teaching load during the certificate validity period.

{Part 5 of Article 61 shall come into force on 1 January 2019 – see Clause 1, Section XII}

6. The educational institution shall have the right, at the expense of its own income and other sources not prohibited by law, to establish additional payments, allowances, bonuses and other types of incentives for pedagogical and academic and research workers.

7. The head of the educational institution, in accordance with the legislation, the constituent documents and the collective agreement, shall have the right to establish additional payments, allowances, bonuses for the use of foreign languages, modern technologies in the educational process, the implementation of innovative projects, and the like for pedagogical and academic and research workers.

8. Pedagogical and academic and research workers may be provided with financial aid to solve social and domestic issues at the expense of their own receipts of educational institutions. The terms and conditions for the provision of such financial aid shall be determined by the constituent documents of the educational institutions or collective agreement.

Section VIII
MANAGEMENT AND CONTROL IN EDUCATION

Article 62. Governing Bodies in the Field of Education

1. Governing bodies in the field of education shall include:

the Cabinet of Ministers of Ukraine;

central executive agency in charge of education and science;

central executive agency for education quality assurance;

permanent collegial body in the field of quality assurance in higher education;

state bodies to which educational institutions are subordinate;

Verkhovna Rada of the Autonomous Republic of Crimea;

Council of Ministers of the Autonomous Republic of Crimea;

local self-government authorities.

Article 63. Powers of the Cabinet of Ministers of Ukraine

1. Cabinet of Ministers of Ukraine shall:

take measures to ensure the constitutional right of every person to education;

ensure the formation of state policy in the field of education;

approve the strategy for the development of education in Ukraine;

develop, approve and implement state target programmes in the field of education;

exercise the powers of the founder of state educational institutions or entrust their implementation to an authorised body;

ensure equal conditions for the development of educational institutions of all types of ownership;

determine the procedure for the formation and distribution of educational subventions between budgets in accordance with this Law and taking into account Article 94 of the Budget Code of Ukraine;

determine the procedure for the distribution of state funding for professional (vocational and technical) and vocational pre-tertiary education;

approve state priorities for the training of specialists, academic and research workers and working personnel, advanced training and retraining of personnel in the context of areas of knowledge;

approve the list of areas of knowledge and majors for training specialists of higher, professional pre-tertiary and professional (vocational) education;

approve the list of positions of academic and research and pedagogical workers of educational institutions;

approve licensing terms for educational activities;

approve indicators for assessing the state of education in Ukraine and regions;

determine the licensing bodies for institutions of pre-school and general secondary education;

exercise other powers stipulated by the law.

Article 64. Powers of the Central Executive Body for Education and Science

1. Central executive body for education and science shall:

ensure the formation and implement the state policy in the field of education and science;

develop a strategy for the development of education in Ukraine, other strategic documents, state target programmes in the field of education and science and participates in their implementation;

carry out normative and legal support for the functioning of the education system within the powers determined by law;

arrange the collection and processing of educational statistics, analyse it and predict the development of the education system;

approve the procedure, types and forms of education quality monitoring;

ensure the functioning of the Unified State Electronic Database on Education and other state information systems of education;

approve educational standards and publish them on its official website;

taking into account the proposals of the central executive body on the formation and implementation of state policy in the field of protection of human and civil rights and freedoms, the central executive body, which ensures the formation and implementation of the state policy in the field of health care, the main body in the system of central executive authorities ensuring the formation and implementation of the state legal policy, the central executive body ensuring the formation and implementation of the state policy on family and child issues, develop and approve an action plan aimed at preventing and combating bullying (harassment) in educational institutions, the procedure for responding to cases of bullying (harassment), the procedure for applying educational measures;

{Part 1of Article 64 is supplemented with a new paragraph in accordance with Law No. 2657-VIII of 18 December 2018}

summarise and publish information about cases of bullying (harassment) in educational institutions;

{Part 1of Article 64 is supplemented with a new paragraph in accordance with Law No. 2657-VIII of 18 December 2018}

conduct international cooperation in the field of education and science;

approve the procedure for recognising educational documents obtained in foreign educational institutions;

approve the form and content of education documents of the state standard;

form proposals on the amount of educational subventions, state funding for secondary, vocational, higher education and a scholarship fund;

distribute educational subventions and state funding for secondary, vocational (vocational), vocational pre-tertiary education, higher education and the scholarship fund of educational institutions that are in the sphere of its management;

present guidelines for educational activities and management of educational institutions;

submit for the consideration of the Cabinet of Ministers of Ukraine proposals on state priorities for the training of specialists, pedagogical, scientific, academic and research workers and working personnel, advanced training and retraining of personnel in the context of areas of knowledge in agreement with the central executive body that ensures the formation and implements the state policy in the field of economic development;

elaborate and approve the requirements for admission to educational institutions;

elaborate the licensing terms for educational activities and submit them for approval to the Cabinet of Ministers of Ukraine;

carry out licensing of educational activities and supervision (control) over compliance with the requirements of licensing terms in the areas determined by the Cabinet of Ministers of Ukraine;

{Paragraph 12 Part 1 of Article 64 as revised by Law No. 392-IX of 18 December 2019}

form and ensure the functioning of the certification system for teachers, provide conditions for their professional development, approve regulations on the accreditation of certification centres for teachers;

ensure the development of physical education and sports in educational institutions;

approve the procedures for institutional audit and unscheduled audits of educational institutions;

{Paragraph 23 Part 1 of Article 64 as revised by Law No. 463-IX of 16 January 2020}

approve the standard educational programmes;

approve the procedure for the accreditation of educational programmes, other measures to monitor the quality of education determined by the laws of Ukraine;

approve requirements to the level of fluency in the Ukrainian language as a foreign language and procedure for the certification examination in the Ukrainian language;

{Part 1 of Article 64 has been supplemented with a new paragraph under Law No. 463-IX of 16 January 2020}

approve the procedure for accreditation and keeping the register of civil professional associations and other legal entities that deliver an independent assessment of education quality provided by educational institutions (other than higher education institutions), and the procedure for keeping their register;

{Part 1 of Article 64 has been supplemented with a new paragraph under Law No. 463-IX of 16 January 2020}

shall get involved in the making of the state policy on innovative operations, provide regulatory and legal support for innovative efforts in education, and coordinate innovative efforts in education;

{Part 1 of Article 64 has been supplemented with a new paragraph under Law No. 463-IX of 16 January 2020}

exercise the powers of the founder in relation to state educational institutions on behalf of and within the limits established by the Cabinet of Ministers of Ukraine;

approve provisions on its own permanent or temporary advisory, deliberative and other subsidiary bodies;

exercise other powers provided for by the Constitution, this Law and other laws of Ukraine.

4. Acts of the central executive authority for education and science, adopted within its powers, shall be binding on the government authorities, authorities of the Autonomous Republic of Crimea, local self-government bodies in charge of the educational institutions, as well as on the educational institutions regardless of property form.

Article 65. Powers of State Bodies Whose Sphere of Management Educational Institutions Belong

Government bodies in charge of the institutions of higher education shall:

participate in the implementation of educational policy;

participate in the development of terms for admission to institutions of professional (vocational and technical), professional pre-tertiary and higher education;

distribute state funding and the scholarship fund of educational institutions in their area of their management;

provide analysis and monitor the quality of education delivered by the subordinate educational institutions, and allocate state funding between such institutions;

participate in the formation of educational standards;

contribute to the drafting of an action plan addressing the prevention and combating of bullying (harassment) at educational institutions;

{Part 1of Article 65 is supplemented with a new paragraph in accordance with Law No. 2657-VIII of 18 December 2018}

upon request and within the scope of competence determined by the Cabinet of Ministers of Ukraine, exercise the powers of the founder regarding the educational institutions that are subordinate to them;

exercise other powers provided for by this Law and other laws of Ukraine.

Article 66. Powers of Local Self-Government Bodies, the Verkhovna Rada of the Autonomous Republic of Crimea

1. Verkhovna Rada of the Autonomous Republic of Crimea, Oblast councils, Kyiv and Sevastopol city councils shall:

be responsible for the implementation of the state policy on education and assurance of education quality in the relevant territory, and for the accessibility of complete general secondary education and vocational education;

plan and provide the development of the network of vocational and out-of-school education institutions, specialised education institutions, special educational institutions, academic and methodological settings;

establish and support the operation of community post-graduate institutions for the needs of qualifications upgrade of teaching staff;

establish educational institutions and re-organise, change the profile and liquidate them in accordance with specific laws;

provide accommodation or transfer to the place of study and back (to the place of residence) of students of field-specific secondary and vocational education institutions whose place of residence is remote from the place of study (if required, by special vehicles equipped for individuals with impaired vision, hearing or mobility, and other groups with reduced mobility);

publish official reports regarding all received and spent money and the list and cost of any goods, works and services used for the needs of every educational institution established by them, and other expenditures in education;

ensure equal conditions for the development of educational institutions of all types of ownership;

contribute to the drafting of an action plan addressing the prevention and combating of bullying at educational institutions;

exercise other powers in education envisaged by law;

{Part 1 of Article 66 as amended by Law No. 2657-VIII of 18 December 2018; as revised by Law No. 463-IX of 16 January 2020}

2. District, town/city councils shall:

{Paragraph 1 Part 2 of Article 66 as amended by Law No. 463-IX of 16 January 2020}

be responsible for the implementation of the state policy on education and assurance of education quality in the relevant territory, and for the accessibility of primary and basic general secondary education and out-of-school education;

plan and ensure the development of a network of institutions for pre-school, primary and basic secondary education, out-of-school education;

{Paragraph 4 Part 2 of Article 66 has been deleted under Law No. 463-IX of 16 January 2020}

establish educational institutions and re-organise, change the profile and liquidate them in accordance with specific laws;

{Paragraph 5 Part 2 of Article 66 as revised by Law No. 463-IX of 16 January 2020}

assign the territory of service to institutions of primary and basic secondary education (except for cases established by special laws)

ensure the availability of pre-school and secondary education for all citizens living in the relevant territory, and take measures to meet the need for pre-school and out-of-school education;

provide and finance the transportation of students and teaching staff of institutions of primary and basic secondary education and in opposite direction (if necessary – vehicles adapted for the transportation of persons moving in wheelchairs)

keep records of pre-school and school-age children in the manner approved by the Cabinet of Ministers of Ukraine;

publish official reports regarding all received and spent money and the list and cost of any goods, works and services used for the needs of every educational institution established by them, and other expenditures in education;

ensure equal conditions for the development of educational institutions of all types of ownership;

contribute to the development of an action plan addressing the prevention and combating of bullying (harassment) at educational institutions;

{Part 2 of Article 66 is supplemented with a new paragraph in accordance with Law No. 2657-VIII of 18 December 2018}

exercise other powers in education envisaged by law;

3. Village, settlement councils shall:

be responsible for the implementation of the state policy on education and assurance of education quality in the relevant territory, and for the accessibility of primary and basic general secondary education;

establish educational institutions and re-organise, change the profile and liquidate them in accordance with specific laws;

{Paragraph 3 Part 3 of Article 66 as revised by Law No. 463-IX of 16 January 2020}

publish official reports regarding all received and spent money and the list and cost of any goods, works and services used for the needs of every educational institution established by them, and other expenditures in education;

exercise other powers in education envisaged by law;

Article 67. Powers of Education Quality Assurance Bodies

Education quality assurance bodies are:

central executive agency for education quality assurance;

permanent collegial body in the field of quality assurance in higher education – the National Agency for Higher Education Quality Assurance.

2. The central executive agency for education quality assurance and its regional branches shall:

conduct institutional audit of educational institutions;

provide recommendations to educational institutions (except for higher education institutions) regarding the organisation and operation of the internal system of education quality assurance;

“based on the results of the review, approve educational programmes of pre-school and general secondary education in cases governed by special laws”;

{Paragraph 4 Part 2 of Article 67 as revised by Law No. 463-IX of 16 January 2020}

monitor the quality of educational activities and the quality of education in the manner prescribed by law;

accredit public professional associations and other legal entities that independently assess the quality of education and educational activities of educational institutions (except for higher education institutions), and maintain their register;

exercise state supervision (control) over educational institutions for their compliance with the law within the limits of the powers provided for by law;

exercise control over compliance with the requirements for the organisation of Independent External Evaluation on behalf of the central executive body in the field of education and science;

carry out licensing of educational activities and supervision (control) over compliance with the requirements of licensing terms in the areas determined by the Cabinet of Ministers of Ukraine;

{Part 2 of Article 67 has been supplemented with a new paragraph under Law No. 392-IX of 18.12.2019}

execute administrative offence protocols in cases defined by law;

{Part 2 of Article 67 has been supplemented with a new paragraph under Law No. 463-IX of 16 January 2020}

exercise other powers specified by law.

3. The powers of the permanent collegial body in the field of quality assurance in higher education shall be determined by a special law.

Article 68. Openness of Governing Bodies in the Field of Education

1. Governing bodies in the field of education shall be obliged to disclose all public information in accordance with the requirements of the Law of Ukraine “On Access to Public Information” and the Law of Ukraine “On the Openness of Public Funds Use”.

2. Governing bodies in the field of education shall ensure obligatory public discussion of draft normative legal acts concerning the education system, and the participation of representatives of the public in the preparation and adoption of these documents.

Article 69. State Supervision (Control) in Education

1. State supervision (control) in the field of education shall be carried out in order to implement a unified state policy in this area and is aimed at ensuring the interests of society regarding the proper quality of education and educational activities.

2. State supervision (control) in the field of education shall be carried out by the central executive agency for education quality assurance and its territorial branches.

3. The central executive agency for education quality assurance and its territorial bodies shall act on the basis, within the powers and in the manner determined by this Law and other laws of Ukraine.

The central executive agency for education quality assurance and its regional branches shall conduct institutional audits and unscheduled audits in accordance with this Law and in accordance with the procedures approved by the central executive agency in charge of education and science.

{Part 4 of Article 69 as amended by Law No. 463-IX of 16 January 2020}

5. Grounds for an unscheduled audit of the educational institution shall include:

complaints filed by an individual or individual regarding any violation that has or may adversely impact their rights and lawful interests, supported by original documents or copies of documents that evidence such violations (if any);

verification of compliance with an order on rectification of findings issued following the previous state supervision/control conducted by the central executive agency in charge of education quality or its regional branch;

the request of the Education Ombudsman;

{Article 69 has been appended with a part five under Law No. 463-IX of 16 January 2020}

Article 70. Public Self-Government and State and Public Management in Education

1. Public self-government in the field of education shall be the right of participants of the educational process and public associations, other institutions of civil society, the constituent documents of which provide for activities in the field of education and/or social protection of persons with special educational needs, to resolve issues in the field of education both directly and through the bodies of public self-government, to participate in the management of the educational institution, local and state affairs in the field of education on issues related to their responsibility.

Public self-government in the field of education shall be implemented:

at the educational institution in accordance with Article 28 of this Law;

at the local (territorial) level;

at the national (all-Ukrainian) level.

3. Bodies of public self-government in the field of education shall be established:

at educational institutions – on the initiative of participants in the educational process;

at the local (territorial) level – on the initiative of individuals and/or public associations, other institutions of civil society, whose constituent documents provide for activities in the field of education and/or social protection of persons with special educational needs in accordance with the law;

at the national (all-Ukrainian) level – on the initiative of public associations, other institutions of civil society, whose constituent documents provide for activities in the field of education and/or social protection of persons with special educational needs in accordance with the law.

Bodies of public self-government in the field of education are:

public self-government bodies of the educational institution;

conferences (forums, congresses) of participants of the educational process, educational institutions, their associations, convened on the territory of the corresponding settlement, consolidated community, district, oblast, Autonomous Republic of Crimea, state;

The All-Ukrainian Congress of educational process participants and their associations convened in the manner approved by the central executive body in the field of education and science.

The strategy for the development of education in Ukraine for the corresponding period shall be approved, and other issues provided for by special laws shall be resolved at the All-Ukrainian Congress of the educational process participants and their associations.

4. Bodies of public self-government shall have the rights (powers) determined by special laws and/or constituent documents of educational institutions, and may exercise other rights not prohibited by law.

5. State and public management in the field of education is the interaction of state authorities, local self-government bodies with public associations, other institutions of civil society in order to make effective management decisions and satisfy public interests in the field of education.

6. To ensure state and public management in the field of education, representative public associations and other institutions of civil society may be formed, representing, among other things:

pedagogical, academic and research, scientific workers;

education seekers;

parents;

educational institutions;

employers;

associations of the specified categories of persons.

7. Bodies of state and public management in the field of education shall be formed by decision of the central executive body in the field of education and science, other government bodies, local self-government bodies in the form of working groups, consultative, public, expert and other bodies.

Bodies of state and public management in the field of education shall have the powers stipulated by the acts on their establishment.

8. Public self-government and state and public management in the field of education shall be carried out based on the following principles:

priority of rights and freedoms of humans and citizens;

rule of law;

mutual respect and partnership;

representativeness of public self-government bodies, public associations and other institutions of civil society and the eligibility of their representatives;

obligations to consider the proposals of the parties;

priority of negotiation procedures;

transparency, openness and publicity;

obligations to observe the agreements reached;

mutual responsibility of the parties.

Article 71. Public Supervision (Control) in Education

1. Public supervision (control) in the education system shall be carried out by the public supervision (control) entities – public associations and other institutions of civil society, whose constituent documents provide for activities in the field of education and/or social protection of persons with disabilities, professional associations of pedagogical and academic and research workers, associations of education seekers, associations of parental boards and bodies to which they delegate their representatives.

2. Public supervision (control) entities shall have the right to:

1) launch and participate in research on educational issues and publish the results of such research;

2) monitor and disclose the results, in particular regarding:

quality of learning outcomes, including monitoring of State Final Certification, exams and other forms of learning outcomes evaluation;

quality of textbooks and other teaching materials;

distribution of education costs and targeted use of funds from state and local budgets, other sources not prohibited by law;

cases of bullying (harassment) at educational institutions and response actions to such cases taken by the management of the educational institution or its founder;

{Clause 2 Part 2 of Article 71 amended with Paragraph 5 according to Law No. 2657-VIII of 18 December 2018}

3) participate in public discussion, public consultations and conduct public expertise, including textbooks (their drafts), in accordance with the law;

4) carry out other activities in the field of education in accordance with the legislation and exercise other rights not prohibited by law.

3. Public supervision (control) directly at the educational institution may be carried out only with the permission of the head of the educational institution, except in cases established by law.

Article 72. Educational Statistics

1. Educational statistics shall include:

statistics of the executive agency in charge of statistics on education and labour market;

administrative data and other information of the central executive body in charge of education and science about the system of education, including obtained with the use of the state IT systems;

data obtained through processing of the depersonalised information about the students;

findings of monitoring surveys of education quality;

indicators that represent the status of the education system.

{Part 1 of Article 72 as amended by Law No. 463-IX of 16 January 2020}

2. Methodology and reports related to the design, collecting, processing and use of education statistics shall be prepared and approved by the central executive agency in charge of education and science in reconciliation with the central executive agency implementing the state policy on statistics;

{Part 2 of Article 72 as amended by Law No. 463-IX of 16 January 2020}

3. Depersonalised data shall be posted on the Internet for the free access in a format convenient for copying and processing.

{Part 3 of Article 72 as amended by Law No. 463-IX of 16 January 2020}

Article 73. Institution of Education Ombudsman

1. In order to ensure appropriate conditions for the implementation of the human right to education, an Education Ombudsman shall work in the education system. The Education Ombudsman shall be guided by the Constitution and laws of Ukraine, as well as the Regulation on the Education Ombudsman approved by the Cabinet of Ministers of Ukraine.

2. The Education Ombudsman shall be an official who is entrusted by the Cabinet of Ministers of Ukraine with the task of protecting rights in the field of education.

3. The Education Ombudsman shall be appointed by the Cabinet of Ministers of Ukraine for a term of five years without the right to reappointment.

4. The Education Ombudsman within the scope of tasks shall have the right to:

consider the complaints filed by the educational process participants and verify the facts referred to therein;

receive from educational institutions and governance bodies in charge of education any information required for their duties, including restricted information;

demand that officials and staff of state authorities, local governments, enterprises, institutions and organisations regardless of the type of ownership contribute to the verification of facts referred to in the complaints filed by the educational process participants;

engage in the review of complaints advisers and consultants of the Education Ombudsman, representative of state authorities, local governments, NGOs, experts, academics and subject-matter experts, including on contractual basis;

analyse the legislative compliance regarding the educational process participants who became victims, witnesses or perpetrators of bullying;

following the review of complaints and/or conducting verifications, provide recommendations to directors and/or of the founders of educational institutions, education governance bodies and local governments; demand the termination of the violation and/or restitution of the violated rights or lawful interests of the educational process participants; refer to them requests for internal investigations; report the findings to law enforcement authorities;

freely visit any state authorities, local governments, and educational institutions of all levels without interrupting the educational process; attend meetings of state authorities and local governments dedicated to the matters that belong to their scope of competence;

address state authorities, local governments and law enforcement authorities regarding the findings related to the human right to education and violations of legislation on education;

provide advisory assistance to the educational process participants;

represent an individual before the court.

{Part 4 of Article 73 as amended by Law No. 2657-VIII of 18 December 2018; as revised by Law No. 463-IX of 16 January 2020}

5. The activities of the Education Ombudsman shall be supported by the Education Ombudsman service, the procedure for which is determined by the Regulation on Education Ombudsman.

6. The procedure and terms and conditions for applying to the Education Ombudsman shall be approved by the Cabinet of Ministers of Ukraine.

Section IX
EDUCATION INFRASTRUCTURE

Article 74. Unified State Electronic Database on Education

1. There is the Unified State Electronic Database on Education is an automated system, which functions are collection, verification, processing, storage and protection of information about the education system.

2. The mandatory components of the Unified State Education Database shall be the Register of Education Institutions, Register of Education Seekers, Register of Education Certifications, Register of Certificates of Independent External Assessment, Register of Students IDs, Register of Teaching Staff, and Register of Teaching Staff Certificates. The list and volume of information containing the registers, and the procedure for maintaining them, shall be established by the central executive authority in the field of education and science.

{Part 2 of Article 74 as amended by Law No. 463-IX of 16 January 2020}

3. All information contained in the Unified State Electronic Database on Education, except for personal data and information with limited access, shall be available in open data format, including taking into account the needs of persons with visual impairments. A person shall have full access to all information about himself entered the Unified State Electronic Database on Education.

4. Free of charge and free access of persons to the information contained in the Unified State Electronic Database on Education shall be carried out through the official website of the central executive body in the field of education and science.

5. The central executive body in the field of education and science shall be the monitor of the Unified State Electronic Database on Education Issues.

6. Regulation on the Unified State Electronic Database on Education shall be approved by the central executive body in the field of education and science.

Article 75. Scientific and Methodology Support of Education

1. Scientific and methodological support of education shall be carried out by the central executive body in the field of education and science, the National Academy of Sciences of Ukraine, National Sectoral Academies of Sciences of Ukraine, bodies for ensuring the quality of education, central executive bodies to which educational institutions, academic, sectoral scientific research institutes, educational institutions, other scientific, methodological institutions, in cooperation with relevant enterprises, creative unions, associations, societies, public associations, including professional organisations (professional associations), employers' associations, independent institutions for the assessment and quality of education that may:

1) elaborate proposals on the principles of educational policy, forecasts, information and analytical materials, recommendations for the humanitarian development of the state and improvement of the educational sphere;

2) take part in the scientific and methodological support for the assessment and monitoring of the quality of education, including in accordance with international programmes;

3) carry out sociological research of public perception of policy in the field of education;

4) arrange the publication of textbooks (manuals), including electronic ones;

5) implement other functions provided for by legislation and their constituent documents.

2. The National Academy of Educational Sciences of Ukraine is a self-governing scientific organisation in the field of education based on state ownership that shall:

1) carry out fundamental and applied scientific research and innovative developments in the field of education, pedagogy and psychology, participate in the creation of scientific foundations for the development of education taking into account the scientific, technical and social and economic progress of society, national and cultural traditions, as well as world development trends and experience of foreign countries;

2) provide scientific, methodological, advisory support to the relevant state authorities in order to fulfil the tasks determined by state priorities in the field of education;

3) be involved in the independent scientific examination of:

draft forecast and programme documents, other strategic planning documents, draft laws, government decisions and programmes, educational innovations, provides conclusions that are mandatory for consideration by public authorities and local governments when making appropriate decisions;

educational and methodology literature (except for literature for higher education), based on the results of which provides conclusions (recommendations) on the appropriateness of its use in the educational process that are mandatory for consideration by public authorities and local self-government bodies when making appropriate decisions;

4) participate in the development of teaching methods, educational standards, model educational programmes, textbooks;

5) carry out the development and experimental testing of innovative models of education;

6) carry out organisational, coordination and scientific and methodological measures to ensure practical psychology in education and social pedagogy;

7) make a psychological examination of education standards, model educational programmes, textbooks, teaching materials, and the like;

8) conduct educational activities on training and advanced training of leading, pedagogical and academic and research workers in related to the implementation of educational policy;

9) carry out other activities related to the scientific and methodological support of education, determined by legislation and the constituent documents of the National Academy of Pedagogical Sciences of Ukraine.

3. Features of the development and approval of scientific and methodology support of education for individual levels of education may be determined by special laws.

4. Scientific and methodology support of education, created at the expense of the state and/or local budgets, as well as conclusions based on the results of independent scientific expertise, shall be posted in the public domain on the official website of the developer.

5. The central executive body in the field of education and science shall ensure the creation and functioning of a special information resource on the Internet where free electronic versions of textbooks or electronic textbooks for obtaining complete general secondary education are freely available in full.

Article 76. Psychological Service and Social and Pedagogical Patronage in the Education System

1. There is a psychological service in the education system, the regulations on which are approved by the central executive body in the field of education and science. The psychological support of the educational process in educational institutions shall be made by practical psychologists.

2. Social and pedagogical patronage in the education system shall contribute to the interaction of educational institutions, families and society in the upbringing of education seekers, their adaptation to the conditions of the social environment, ensure prophylactic treatment and prevention of bullying (harassment), providing advice to parents, psychological support for education seekers who have suffered from bullying (harassment), witnessed it or committed bullying (harassment). Social and pedagogical patronage shall be carried out by social educators.

{Part 2 of Article 76 as revised by Law No. 2657-VIII of 18 December 2018}

3. Practical psychologists and social educators of educational institutions shall be classified as teaching staff by their status.

Article 77. Arrangement of Medical Care in Education System

1. The arrangement of medical care in the education system shall be provided in accordance with the sources of funding for educational institutions of each level of education, determined by law, carried out by the institutions of the central executive body that forms and ensures the implementation of state policy in the field of health care, and other health care institutions in accordance with the law.

Section X
FINANCIAL AND ECONOMIC RELATIONS IN EDUCATION

Article 78. Funding of Education System

1. The state shall provide funding for education in the amount of at least 7 per cent of gross domestic product from public and local budgets, and other sources of funding not prohibited by law.

2. Funding of educational institutions and organisations shall be covered by respective budgets, as well as other sources not prohibited by law.

3. State and community educational institutions are entitled to provide paid educational and other services, the list of which shall be approved by the Cabinet of Ministers of Ukraine. Founders of respective educational institutions are entitled to approve lists of paid educational and other services that are not included in the list approved by the Cabinet of Ministers of Ukraine.

4. The state shall create conditions for ensuring that individuals obtain education in the scope required to achieve the learning outcomes provided for by the education standards and that public and community educational institutions fulfil the license conditions.

5. Pre-school and out-of-school education institutions shall be funded by public and/or local budgets, and other sources not prohibited by law. The state can promote the development of pre-school and out-of-school education by providing appropriate educational subventions.

6. Funding of complete general secondary education shall be covered by public budget, including by providing educational subventions to local budgets, local budget funds and other sources not prohibited by law.

The procedure for distribution of educational subventions between local budgets shall be determined according to the formula, which is based on the number of education seekers studying in the corresponding area, with due account of the following factors:

education level;

category of the territory where the educational institution is located;

presence of education seekers with special educational needs;

special aspects of teaching members of national minorities;

the need to transport education seekers to educational institutions and home;

other factors.

7. Funding of professional (vocational) and professional pre-tertiary education shall be covered by the public budget, including by providing appropriate educational subventions, local budgets and other sources not prohibited by law. Expenses covered by respective educational subventions shall be defined by a special law.

8. Funding of higher and postgraduate education shall be covered by public and local budgets and other sources not prohibited by law.

Advanced training of pedagogical and academic workers in the amount determined by the legislation shall be conducted using public and local budgets.

The amount of funds additionally allocated from public budget for advanced training of pedagogical and research workers of public educational institutions shall not be less than 2 per cent of their payroll.

The amount of funds additionally allocated for advanced training of teachers whose salaries are paid out of educational subvention shall not be less than 2 per cent of the corresponding educational subvention, of which 1 per cent shall be allocated from the public budget and 1 per cent shall be allocated from the budgets of the Autonomous Republic of Crimea, the region, the city of Kyiv or Sevastopol. The amount of funds additionally allocated from public budget for advanced training of other pedagogical and research workers of community educational institutions shall not be less than 2 per cent of their payroll.

{Paragraph 4 Part 8 of Article 78 as amended by Law No. 463-IX of 16 January 2020}

9. The state shall fund the education of persons with special educational needs from public and local budgets by transferring the amount of funds determined for such persons to the educational institution, which was chosen by a person with special educational needs and his/her parents.

10. The state shall fund the acquisition by a person of general secondary education in a private or corporate educational institution that has a license to conduct educational activities in the field of general secondary education, from public and local budgets by transferring to such an educational institution a target amount of funds in the amount of the financial standard (taking into account the corresponding correction factors) of the budget security of one pupil obtaining complete general secondary education, and in accordance with the procedure determined by the Cabinet of Ministers of Ukraine.

{Part 10 of Article 78 shall come into force on 1 January 2019 – refer to Clause 1, Section XII}

11. Specific aspects of funding education at different levels shall be determined by special laws.

12. Educational institutions have the right to receive various types of funding from various sources not prohibited by law. Public and community educational institutions are entitled to place their own revenues on current accounts, with temporarily available funds placed on deposits in public banks, and independently dispose of revenues from these funds for the purpose of conducting activities provided for in the constituent documents.

Article 79. Financial and Economic Activities of Educational Institutions and Institutions, Organisations, Enterprises of the Education System

1. Sources of funding of educational activities entities in accordance with the law can be:

state budget;

local budgets;

payment for the provision of educational and other services in accordance with concluded agreements;

payment for research work (services) and other work performed by request of enterprises, institutions, organisations, other legal entities and individuals;

the proceeds from the sale of the products of training workshops, enterprises, shops and households, and from renting of premises, structures, and equipment;

grants from domestic and international organisations;

dividends from securities, interest from deposits and placement of the special fund in the current accounts of public sector banks;

voluntary contributions in the form of funds, material values, intangible assets received from enterprises, institutions, organisations, and individuals;

other sources not prohibited by legislation.

2. Educational institutions may not be funded by:

an individual who is the citizen/national of the state recognised by the Verkhovna Rada of Ukraine as the aggressor state or occupant state;

a legal entity with foreign investment originating from the aggressor state or occupant state, or incorporated in the aggressor state or occupant state, or whose end beneficiary/controller is a resident of the occupant state;

{Article 79 has been supplemented with a new part under Law No. 463-IX of 16 January 2020}

3. Funding of educational activities from the state budget can be carried out by providing educational subventions that, in accordance with the Budget Code of Ukraine and the Law on the State Budget of Ukraine for the corresponding year, can be directed to:

receiving complete general secondary education;

receiving professional (vocational) education;

receiving education at other levels of education;

receiving specialised education;

receiving out-of-school education;

receiving education by persons with special educational needs;

professional development of teaching staff;

other goals.

4. Funding in accordance with the procedure established by the Cabinet of Ministers of Ukraine for additional psychological, pedagogical and correctional and developmental services, as well as the acquisition of educational aids, determined by the individual programme for the development of persons with special educational needs, shall be carried out at the expense of subventions from the state budget to local budgets for the provision of state support for people with special educational needs, funds from local budgets, and other sources not prohibited by law.

{Part 4 of Article 79 as amended by Law No. 463-IX dated 16 January 2020}

5. Fees for education, training, retraining, recurrent training of education seekers, for the provision of additional educational services shall be established by the entity of educational activities in Ukrainian currency (UAH). For education seekers – non-residents of Ukraine, the fees may be set in foreign currency.

6. The amount and terms of payment for education, training, retraining, and recurrent training, for the provision of additional educational services shall be established by agreement.

The fee can be paid for the entire period of study, training, retraining, recurrent training, provision of additional educational services in full at one time or in parts – monthly, every term, or every year.

The educational institution shall be entitled to change the training cost (as related to the balance of the unpaid amount) as stipulated by the contract, but not more than once a year and not more than by the officially determined inflation rate for the previous calendar year.

The agreement shall be concluded between the educational institution and the education seeker (his/her legal representatives) and/or the legal or natural person making the payment.

Other issues of payment for education, training, retraining, recurrent training, additional educational services in education institutions shall be regulated by law.

7. Budgetary allocations for education, including funds for educational subventions, extra-budgetary funds and funds received by the educational institution as payment for tuition, training, retraining, recurrent training of personnel, for the provision of additional educational services, cannot be withdrawn to the state or local budgets. These funds shall be sent to the activities determined by the institution constituent documents.

8. Funds, tangible and intangible assets received by institutions and institutions of education and science in the form of irrevocable financial assistance, other receipts, voluntary contributions of legal entities and individuals, including non-residents, for the implementation of educational, scientific, health-improving, sports, cultural activities shall not be considered a profit.

9. In case of receiving funds from other sources, budgetary and sectoral allocations of educational institutions, enterprises, institutions, organisations of the education system shall not be reduced.

10. Educational institutions shall independently manage income from the implementation of economic and other activities provided for by their constituent documents.

Article 80. Property of Educational Institutions and Institutions, Organisations, Enterprises of the Education System

1. The property of educational institutions and organisations, enterprises of the education system shall include:

immovable and movable property, including buildings, structures, land plots, communication lines, equipment, vehicles, corporate housing etc.;

property rights, including property rights for intellectual property to objects of intellectual property rights, in particular information systems, copyright items and/or related rights;

other assets stipulated by the legislation.

The property of educational institutions and organisations, enterprises of the education system shall belong to them on the basis of rights determined by law.

2. The procedure, conditions and forms of obtaining land rights by educational institutions shall be determined by the Land Code of Ukraine.

3. Fixed assets, working capital and other property of state and municipal educational institutions shall not be subject to seizure, except in cases established by law.

4. Facilities and assets of state and municipal educational institutions shall not be subject to privatisation or use other than educational purposes, except for leasing for the purpose of providing services that cannot be provided directly by educational institutions related to the provision of the educational process or services to participants of the educational process, with taking into account the determination by the governing body of the possibility of using state real estate in accordance with the legislation.

{Part 4 of Article 80 as revised by Law No. 2661-VIII of 20 December 2018}

5. Funds received from the use of vacated premises of liquidated state and municipal educational institutions shall be used exclusively for educational needs.

Educational institutions of all forms of ownership, registered in accordance with the procedure established by law, shall have equal conditions for the use of the immovable property of state or municipal property transferred for lease.

All funds received from the lease of real estate of the state or municipal institution shall be used solely for the needs of this institution.

6. Property of educational institutions that shall not be used in the educational process may be a contribution to joint activities or used in accordance with Article 81 of this Law.

Article 81. Public-Private Partnership in Education and Science

1. The legal foundations of public-private partnership in the field of education and science shall be determined by the Constitution of Ukraine, the Civil Code of Ukraine, the Commercial Code of Ukraine, the Law of Ukraine “On State-Private Partnership”, this Law, other laws and international treaties of Ukraine, consent to be bound by which was provided by the Verkhovna Rada of Ukraine.

2. Public-private partnership in the field of education and science shall be carried out on the basis of agreements between public authorities and private partners that are concluded in the manner determined by the Cabinet of Ministers of Ukraine.

3. Public-private partnership in the field of education and science may provide for:

joint financing of educational institutions, as well as legal entities and individuals engaged in educational activities;

establishment and/or joint financing and development of practical training facilities;

establishment and/or joint financing and operation of innovative enterprises (innovation centre, technological park, technopolis, innovative business incubator, etc.) on the basis of existing educational institutions;

elaboration and development of modern technologies of education, training;

professional and practical training;

introduction of joint programmes for financing the training of specialists, etc.;

implementation of measures for social protection and improvement of living conditions of employees of the education system and education seekers.

4. Funding of public-private partnership in the field of education can be carried out through:

financial resources of the private partner;

financial resources borrowed in accordance with the established procedure;

funds of the state and local budgets;

other sources not prohibited by law.

5. Public-private partnership for objects of state and communal property shall be carried out without changing the purpose and form of ownership of these objects.

6. Transfer of movable and/or immovable state and/or communal property, including land plots, for management to private partners for rent, concession, operational management and the like.

Movable and/or immovable state and/or communal property, including land plots transferred to a private partner for management, cannot be the subject of pledge, collection, a source of debt repayment, and any actions that may result in the termination of state or communal ownership of the relevant objects cannot be made in relation to such property.

Section XI
INTERNATIONAL COOPERATION

Article 82. International Cooperation in the Education System

1. Educational institutions, scientific, research and production institutions of the education system, public administration bodies of education shall have the right to conclude agreements on cooperation, establish direct contacts with educational institutions, enterprises, institutions, organisations, scientific institutions of the education system of foreign countries, international enterprises, institutions, organisations, foundations and the like.

2. Educational institutions and scientific, research and production institutions of the education system, public administration bodies and local self-government bodies shall have the right to carry out foreign economic activities in accordance with the legislation on the basis of contracts concluded with foreign legal entities, individuals, have their own foreign currency account, carry out joint activities, including establishment of joint ventures (institutions).

3. The central executive body in the field of education and science shall carry out activities related to the establishment of the equivalence of certificates and diplomas, international recognition of training courses, qualifications, academic titles and scientific degrees, except for cases provided for by special laws.

4. The state shall promote international cooperation of educational institutions and educational authorities, allocate the appropriate foreign currency funds, exempt them from taxation, payment of duties and customs fees for educational, scientific and industrial equipment and supplies received from abroad for educational and scientific purposes.

5. Foreign currency, material proceeds from the foreign economic activities shall be used by educational institutions, scientific, research and production institutions of the education system to ensure their own activities, determined by the constituent documents in accordance with the law.

6. Educational institutions, pedagogical, academic and research and scientific workers, education seekers may participate in the implementation of international projects and programmes.

7. The state shall promote international cooperation in the field of education by:

implementation of measures for the development and strengthening of international cooperation;

establishment of appropriate legal, financial and economic conditions for international cooperation, in particular, the establishment of appropriate budget allocations in the state budget and financing of fees for membership in international organisations, business trips abroad for international projects and programme participants in accordance with the terms of agreements;

assistance in attracting funds from international foundations, institutions, public organisations for the implementation of scientific, educational and other programmes and projects;

popularisation and coordination of activities related to international cooperation, the creation of relevant information centres, including abroad;

providing advisory support in international cooperation in the field of education and science;

other activities in accordance with the law.

8. The state shall contribute to the promotion and learning of the Ukrainian language and culture abroad, including by sending teaching and academic staff for teaching the Ukrainian language, literature, culture, history, geography, etc. at foreign educational institutions under international treaties.

The procedure for sending teaching and academic staff for teaching at foreign educational institutions shall be approved by the Cabinet of Ministers of Ukraine. Such staff members shall retain their principal job, and the period of such work shall be included in their employment record;

{Article 82 has been supplemented with part eight under Law No. 463-IX of 16 January 2020}

Article 83. Participation in International Education Quality Studies

1. The state shall ensure participation in international comparative studies of the quality of education for the purpose of independent assessment of the quality of education.

2. The decision on participation in international comparative studies of the quality of education shall be made by the Cabinet of Ministers of Ukraine within the limits of the corresponding budgetary assignments.

3. The results of international comparative studies of the quality of education must be published and taken into account by public authorities for the formation of state policy in the field of education.

Article 84. International Academic Mobility

1. The state shall create conditions for:

implementation of the right of educational process participants to international academic mobility;

elaboration of joint educational and scientific programmes with foreign educational institutions, scientific institutions, organisations;

attracting foreigners to study and teach in educational institutions of Ukraine.

2. The state shall promote the participation of education seekers, pedagogical, academic and research, and scientific workers in bilateral and multilateral international exchange programmes.

Section XII
FINAL AND TRANSITIONAL PROVISIONS

1. This Law shall become effective on the day immediately following its publication, except for:

Article 38 and Paragraph 3, Part 2 of Article 59 of this Law, which will come into force on 1 January 2018;

Paragraphs 1 and 3, Part 2 of Article 61 of this Law, which come into force on 1 January 2018 and implemented in accordance with Subparagraph 1, Clause 6 of this Section;

Part 5 of Article 61 and Part 10 of Article 78 of this Law, which will come into force on 1 January 2019;

{Paragraph 5, Clause 1 of Section XII “Final and Transitional Provisions” became invalid on the basis of Law  No. 463-IX of 16 January 2020}

Paragraph 2, Subparagraph 5, Clause 4 of this Section, which comes into force on 1 January 2030.

1-1. The duration of the school year in educational institutions is established by special laws. If a ban is established on participants in the educational process to visit educational institutions, temporarily, for the period of implementation of measures to prevent the occurrence and spread of coronavirus disease (COVID-19), provided for by the quarantine established by the Cabinet of Ministers of Ukraine, the start and/or end date of the relevant academic year(s) may be determined by the Cabinet of Ministers of Ukraine.

{Section XII has been supplemented by Clause 1-1 according to Law No. 540-IX of 30 March 2020; as amended by Law No. 725-IX of 18 June 2020}

2. The following shall be declared invalid:

Law of Ukraine “On Education” (Bulletin of the Verkhovna Rada of the Ukrainian SSR, 1991, No. 34, Article 451 with subsequent amendments);

Resolution of the Verkhovna Rada of the Ukrainian SSR “On the Procedure for Putting Into Effect the Law of the Ukrainian SSR “On Education” (Bulletin of the Verkhovna Rada of the Ukrainian SSR, 1991, No. 34, Article 452; Bulletin of the Verkhovna Rada of Ukraine, 1992, No. 12, Article 168).

3. It shall further be established that:

1) until the legislation and constituent documents of educational institutions are brought in line with this Law, the terms “educational institution” and “educational institution” are identical, and all subjects of power and educational institutions are guided by all the provisions of this Law concerning educational institutions, as well as the provisions of legislation concerning educational institutions in the part that does not contradict this Law;

2) term “educational institution”, used in this Law and special laws, corresponds to the term “educational institution”, used in the Constitution Of Ukraine;

3) training of students in the programs of twelve-year full general secondary education begins:

for primary education - from 1 September 2018;

for basic general secondary education - from 1 September 2022;

for specialised secondary education - from 1 September 2027;

4) starting from 1 September 2027, the duration of obtaining specialised secondary education for all applicants is three years. Introduction of educational programs of basic general secondary education until 2022 and/or specialised secondary education until 2027 within the framework of twelve-year full general secondary education is possible by the decision of the Cabinet of Ministers of Ukraine, provided that there is an appropriate standard of basic or specialised secondary education and the corresponding standard educational program;

{Subparagraph 4, Clause 3 of Section XII “Final and Transitional Provisions” as amended by Law  No. 463-IX of 16 January 2020}

5) until 2027, the provisions of this Law concerning specialised secondary education apply to educational institutions that ensure the receipt of full general secondary education within a two-year high school in accordance with the legislation;

6) state and municipal institutions of the pre-school and general secondary education system in force on the day of entry into force of this Law shall obtain a license without passing the licensing procedure. Educational institutions of all forms of ownership established after the entry into force of this Law are licensed on a general basis;

7) existing boarding schools for orphans and children deprived of parental care, boarding schools for children in need of social assistance, are transformed by 31 December 2021 into orphanages and are transferred to the subordination of the central executive authority in the field of social protection or to institutions of pre-school, secondary education, other educational institutions or social protection by decision of regional councils, the Verkhovna Rada of the Autonomous Republic of Crimea, city councils of the cities of Kyiv and Sevastopol;

8) higher educational institutions of the first and second accreditation levels that provide training in higher education educational programs and provide a Junior Specialist's degree are funded in accordance with the procedure in force on the date of adoption of this Law;

9) pre-school and out-of-school education institutions in localities that do not have their own budget are financed from the district budget until the process of unification of territorial communities is completed;

10) for persons who received secondary special education before the entry into force of the Law of Ukraine “On education” of 23 May 1991 No. 1060-XII, after the entry into force of this Law, existing professional rights remain;

11) persons who hold positions of teaching staff as of the date of entry into force of this Law retain their existing professional rights;

12) after the entry into force of this law, the salary of teachers and research and teaching staff may not decrease if these employees continue to hold the relevant positions, perform the relevant duties and retain the appropriate qualification category;

13) re-registration of the constituent documents of educational institutions in order to bring them in line with this Law is carried out within five years from the date of entry into force of this Law;

14) from the date of entry into force of this Law, the powers of members of the National Agency for Higher Education Quality Assurance delegated by the National Academy of Sciences of Ukraine, National Branch Academies of Sciences, elected by congresses from among representatives of higher educational institutions of Ukraine of state, municipal and private ownership, the general representative body of all-Ukrainian associations of employers' organisations, the Congress of representatives of student self-government bodies of higher educational institutions from among persons receiving higher education are terminated;

15) until the approval of professional standards of teachers provided for in Parts 2 and 5 Article 58 of this Law, the qualification requirements for teachers are determined by the Procedure for Assigning Professional Qualifications to a teacher, which is approved by the central executive authority in the field of education and science in coordination with the central executive authorities, in the sphere of management of which the relevant educational institutions are located;

16) educational activities at the educational qualification level of a Junior Specialist, started before the entry into force of this Law, continue within the period of study under the relevant program with the issuance of a Junior Specialist diploma. The last admission to higher education at the educational qualification level of a Junior Specialist is held in 2019.

Persons who have started studying under the Junior Specialist training program up to and including 2019, in case of successful completion of their studies, receive a Junior Specialist diploma, which is equal to a Junior Bachelor's degree. Persons who start studying under the professional Junior Bachelor's degree program, starting from 2020, in case of successful completion of their studies, will receive a professional Junior Bachelor's degree, which will certify the qualification of professional pre-higher education;

{Paragraph 2, Subparagraph 16, Clause 3 of Section XII as amended by Law  No. 2745-VIII of 6 June 2019}

{Subparagraph 17, Clause 3 of Section XII “Final and Transitional Provisions” became invalid on the basis of Law  No. 463-IX of 16 January 2020}

18) persons belonging to indigenous peoples, national minorities of Ukraine and started general secondary education before 1 September 2018 in the language of the relevant Indigenous people or the relevant national minority of Ukraine (except for persons defined by Subparagraph 19 of this Clause), until 1 September 2020 continue to receive such education in accordance with the rules that existed before the entry into force of this law, with a gradual increase in the number of academic subjects studied in the Ukrainian language;

{Subparagraph 18, Clause 3 of Section XII, as amended by Law  No. 2704-VIII of 25 April 2019}

19) persons belonging to the national minorities of Ukraine, whose languages are the official languages of the European Union, and have started general secondary education before 1 September 2018 in the language of the relevant national minority, until 1 September 2023 continue to receive such education in accordance with the rules that existed before the entry into force of this Law, with a gradual increase in the number of academic subjects studied in the Ukrainian language.

{Clause 3 of Section XII has been supplemented by Subparagraph 19 in accordance with Law  No. 2704-VIII of 25 April 2019}

4. The listed below legislative acts of Ukraine shall be amended as follows:

1) Clause “e”, Part 2 of Article 92 of the Land Code of Ukraine (Bulletin of the Verkhovna Rada of Ukraine, 2002, No. 3–4, Article 27) shall be amended to read as follows:

“e) educational institutions, regardless of the form of ownership”;

2) in Law of Ukraine “On General Secondary Education” (Bulletin of the Verkhovna Rada of Ukraine, 1999, No. 28, Article 230 with subsequent amendments):

Part 3 of Article 31 shall be amended to read as follows:

“General secondary education is aimed at ensuring the comprehensive development of the individual through training, upbringing and development based on universal values and principles defined by the Law of Ukraine “On Education”;

in Part 3 of Article 6, the words “state standard” shall be replaced with the words “state standards”;

Articles 89101114 and 15 shall be amended to read as follows:

“Article 8. General Secondary Education Institution

1. An institution of general secondary education is an educational institution whose main activity is educational activities in the field of general secondary education.

An educational institution carries out educational activities at a certain level of general secondary education, provided that it has an appropriate license issued in accordance with the procedure established by law.

2. An institution of general secondary education operates on the basis of its charter, which is approved by the founder or the body authorised by him.

3. Institutions of general secondary education may create classes (groups) with evening (part-time), remote learning, classes (groups) with in-depth study of individual subjects, special and inclusive classes for teaching children with special educational needs.

Institutions of general secondary education, regardless of their subordination, types and form of ownership, may have structural divisions, including branches, boarding schools with partial or full support of applicants for education, including at the expense of the founder.

An institution of general secondary education may merge with other legal entities on a contractual basis to carry out its statutory activities, creating educational, educational and research, scientific, educational and production and other associations, each of whose members shall retain the status of a legal entity.

An institution of general secondary education can be part of an educational district, as well as have the status of a reference one. The regulations on the educational district and the main institution of general secondary education are approved by the Cabinet of Ministers of Ukraine.

Article 9. Types of Educational Institutions That Provide General Secondary Education

1. Obtaining general secondary education is provided by:

a primary school – an educational institution of the first degree (or a structural division of another educational institution) that provides primary education;

a gymnasium – a secondary education institution of the second degree (or a structural division of another educational institution) that provides basic secondary education;

a lyceum – an institution of secondary education of the third degree (or a structural division of another educational institution) that provides specialised secondary education.

Primary schools, gymnasiums, and lyceums can function as separate legal entities or as structural divisions of another educational institution (in particular, institutions of general secondary education of I–II, II–III, or I–III degrees). Lyceums usually function as independent legal entities.

An institution of general secondary education that implements educational programs at several levels of general secondary education has the type of higher-level institution where educational activities are carried out.

2. The following educational institutions also provide full general secondary education:

a special school is an institution of general secondary education for children in need of correction of physical and/or mental development;

a sanatorium school is an institution of general secondary education with an appropriate profile for children in need of long-term treatment;

a school of social rehabilitation is an institution of general secondary education for children who, according to a court decision, need special conditions of upbringing;

an educational and rehabilitation centre is an institution of general secondary education for children with special educational needs caused by complex developmental disorders.

These educational institutions can operate at one or several levels of general secondary education.

Regulations on these educational institutions are approved by the Cabinet of Ministers of Ukraine.

3. Obtaining general secondary education can also be provided by institutions of professional (vocational), professional pre-higher, higher education and other educational institutions, in particular interschool resource centres (interschool educational and production complexes) that have a license to carry out educational activities in the field of general secondary education.

The regulations on the interschool resource centre are approved by the central executive authority in the field of education and science.

4. In the system of specialised education, general secondary education is provided by:

a specialised art school (boarding school) – an institution of specialised education of I–III or II–III degrees in art field;

a boarding school (boarding lyceum) of sports profile – an institution of specialised education of I–III or II–III degrees of sports profile (an institution with specific training conditions);

a professional college (college) of a sports profile – an institution of specialised education of a sports profile (an institution with specific training conditions);

a professional college (college) of cultural or artistic direction – an institution of specialised education that provides professional art education;

a military (naval) lyceum, lyceum with enhanced military physical training – an institution of specialised education of II–III or III degrees of military profile for children from 13 years of age;

a scientific lyceum, a scientific boarding lyceum – an institution of specialised education of the II–III or III degrees of scientific profile.

Regulations on specialised education institutions are approved by the Cabinet of Ministers of Ukraine on the recommendation of the central executive authorities that ensure the formation and implementation of state policy in the relevant area.

Article 10. Status of a General Secondary Education Institution

1. An institution of general secondary education is a legal entity.

The form of ownership of an institution of general secondary education is determined in accordance with the legislation. Institutions of general secondary education can be founded on the principles of public and private partnership (corporate institution of general secondary education).

2. An institution of general secondary education based on the state form of ownership has the status of a state institution.

3. An institution of general secondary education based on the communal form of ownership has the status of communal.

4. The status of private has an institution of general secondary education based on a private form of ownership.

5. The status of corporate has an institution of general secondary education based by several subjects of various forms of ownership on the principles of public and private partnership, the management features of which are determined by the founding agreement and the charter, which, in particular, may define issues of management of the movable and immovable property.

Article 11. Creation, Reorganisation, Liquidation and Repurposing of a General Secondary Education Institution

1. The decision to create, reorganise, liquidate or repurposing (change the type) of an institution of general secondary education, regardless of its subordination, type and form of ownership, is made by its founder(s).

The founder of an institution of general secondary education may be a body of state authority on behalf of the state, the relevant council on behalf of a territorial community(-ies), an individual and/or a legal entity (in particular a religious organisation whose charter (regulations) are registered in accordance with the procedure established by law), by decision and at the expense of whose property the institution of general secondary education was founded or who otherwise acquired the rights and obligations of the founder in accordance with the law.

Institutions of general secondary education are created taking into account the social and economic and demographic situation, as well as in accordance with the cultural and educational, social and economic, national and linguistic needs of the territorial community and/or society.

In order to meet the spiritual needs of citizens, private educational institutions, in particular those established by religious organisations whose charters (regulations) are registered in accordance with the procedure established by law, have the right to determine the religious orientation of their educational activities.

An institution of general secondary education is created in accordance with the license conditions for carrying out educational activities in the field of general secondary education.

2. In the event of reorganisation or liquidation of a general secondary education institution, the founder is obliged to provide applicants with the opportunity to continue receiving general secondary education.

3. Institutions of general secondary education may be transferred by the founders to communal or state ownership in accordance with the legislation”;

“Article 14. Class Occupancy of General Secondary Education Institutions

1. The class occupancy rate of general secondary education institutions may not exceed 30 students.

2. In institutions of general secondary education located in villages and towns, the number of students in classes is determined by the demographic situation, but must be at least five people. If there are fewer students in the class, classes are conducted on an individual or other form of education.

An educational institution can provide primary education for children (regardless of their quantity) of the same or different ages, which can be grouped into one or different classes (groups). In this case, the educational process can be organised by one or more teachers, or in any other form that will be most convenient and appropriate to ensure that children receive primary education in accordance with the standard of education.

3. The procedure for dividing classes into groups when studying individual subjects is established by the central executive authority that ensures the formation of state policy in the field of education, in coordination with the central executive authority that ensures the formation of State Financial Policy.

4. The maximum class occupancy rate in general secondary education institutions for children with special educational needs is determined by the regulations on such educational institutions.

5. Upon written requests from parents, other legal representatives of students and in accordance with the decision of the founder, extended-day groups operate in the educational institution, which are financed at the expense of the founder and for other funds not prohibited by law.

The procedure for creating extended day groups in state and municipal institutions of general secondary education is determined by the central executive authority that ensures the formation and implementation of state policy in the field of education.

Article 15. Curriculum

1. Curriculum is a single set of educational components planned and organised by an institution of general secondary education in order for students to achieve learning results defined by the relevant state standard of general secondary education.

The basis for the development of curriculum is the corresponding state standard of general secondary education.

2. The curriculum must contain:

total academic load and expected learning outcomes of educational applicants;

requirements to individuals who may study under the programme;

list, content, duration and interrelation of educational branches and/or subjects, disciplines, etc., logical sequence of their study;

forms of organisation of the educational process;

description and tools of the Internal Quality Assurance System of Education;

other educational components (by decision of the general secondary education institution).

3. The curriculum is approved by the pedagogical council of the educational institution and approved by its head.

4. The curriculum should provide educational components for the free choice of applicants for education.

5. Curriculum developed on the basis of standard educational programs do not require separate approval by the Central Educational Quality Assurance body.

6. Curriculum can be developed for one or several levels of education (end-to-end educational program).

7. Each curriculum should provide for the achievement by applicants of educational results (competencies) defined by the relevant state standard of general secondary education.

8. On the basis of the educational program, the educational institution draws up and approves the curriculum, which specifies the organisation of the educational process”;

Parts 3–5of Article 16 shall be amended to read as follows:

“3. The structure of the academic year (by quarters, half-years, semesters), the duration of the academic week, day, classes, rest between them, and other forms of organising the educational process are established by the institution of general secondary education within the time limits provided for in the educational program.

The organisation of the educational process should not lead to the overloading of students and should provide safe and harmless conditions for obtaining an education.

4. The working hours of an institution of general secondary education are determined by such an educational institution on the basis of relevant regulatory legal acts.

5. The duration of lessons in educational institutions is: in the first grades – 35 minutes, in the second–fourth grades – 40 minutes, in the fifth–eleventh grades – 45 minutes. An educational institution can choose forms of organising the educational process other than the lesson.

The difference in the time of school hours of the first–fourth grades must be taken into account and compensated by conducting additional, individual classes and consultations with students”;

in Articles 18:

Part 2 after the words “based on the application”, the words “copies of the child's birth certificate” shall be supplemented;

Part 3 shall be amended to read as follows:

“3. The procedure for enrolling, expelling and transferring students to state and municipal educational institutions for full general secondary education is approved by the central executive authority, which ensures the formation and implementation of state policy in the field of education.

The procedures for enrolling, expelling and transferring students to state and municipal institutions of specialised education are approved by the central executive authorities that ensure the formation and implementation of state policy in the relevant area.

The procedure for enrolling, expelling and transferring students to private and corporate educational institutions for full general secondary education is determined by the founder(s)”;

Part 6 shall be excluded;

Part 7 shall be amended to read as follows:

“7. Enrollment of students in lyceums, private institutions of general secondary education and specialised education institutions is allowed to be carried out on a competitive basis.

Enrollment of students in other institutions of general secondary education is allowed on a competitive basis only if the number of applications submitted for the corresponding level of general secondary education exceeds the capacity of this institution. Children living in the service area of this school have the right to priority enrollment in primary school”;

Part 2 of Articles 20 after the word “determined”, the words “Law of Ukraine “On Education” should be supplemented;

Article 24 shall be amended to read as follows:

“Article 24. Teaching Staff

1. A teacher must be a person with high moral qualities, who has the appropriate pedagogical education and/or professional qualifications of a teacher, an appropriate level of professional training, carries out pedagogical activities, ensures the effectiveness and quality of his work, whose physical and mental state of health allows him to perform professional duties in institutions of the general secondary education system. The list of positions of teachers of the general secondary education system is established by the Cabinet of Ministers of Ukraine.

2. The position of the head of an institution of general secondary education, regardless of subordination, type and form of ownership, may be held by a person who is a citizen of Ukraine, has a higher education degree not lower than a Master's degree and at least three years of teaching experience, as well as organisational abilities, whose physical and mental state does not interfere with the performance of professional duties”;

in Part 1 of Articles 25:

in Paragraph 10, the words “general education” shall be excluded;

Paragraph 12 shall be amended to read as follows:

“The distribution of teaching load in an institution of general secondary education is approved by its head”;

Part 2 of Article 31 shall be amended to read as follows:

“2. The head of an institution of general secondary education is appointed and dismissed by the decision of the founder(s) of the institution or the body authorised by him (them).

The head of a state, the municipal institution of general secondary education is appointed to a position based on the results of competitive selection for a period of six years (for a period of two years – for a person who is appointed to the position of head of an institution of general secondary education for the first time) on the basis of a decision of the competition commission, which includes representatives of the founder(s), the labour collective, the public association of parents of students (pupils) of the institution of general secondary education and the public association of heads of institutions of general secondary education of the corresponding administrative-territorial unit. Representatives of public associations and experts in the field of general secondary education can participate in the work of the commission with the right to an advisory vote.

The regulations on the competition for the position of head of a state or municipal institution of general secondary education are developed and approved by the founder on the basis of a standard regulation approved by the central executive authority in the field of education and science.

The same person may not be the head of the relevant general secondary education institution for more than two consecutive terms (the first term includes a two-year term of office of the head of the general secondary education institution appointed for the first time). At the end of the second term of office, a person has the right to participate in a competition to fill the vacancy of a manager in another institution of general secondary education or to continue working in the same institution in another position.

The deputy head, teachers and other employees of the institution of general secondary education are appointed and dismissed by the head of this institution. The head of an institution of general secondary education has the right to announce a competition for a vacant position.

If the founder of a general secondary education institution receives a reasonable request from the board of trustees or the self government body of a general secondary education institution to dismiss the head of this institution the founder is obliged to consider it and make an informed decision as soon as possible”;

in Article 27:

the title shall read as follows:

“Article 27. Certification and Advanced Training of Teachers”;

shall be supplemented with part 3 to read as follows:

“3. Annual professional development of teachers of general secondary education institutions is carried out in accordance with the Law of Ukraine “On Education”. The total number of academic hours for professional development of a teacher over five years may not be less than 150 hours, of which a certain number of hours must necessarily be aimed at improving knowledge, skills and practical skills in terms of working with children with special educational needs”;

in Article 29:

Part 3 shall be excluded;

shall be supplemented with part 4 to read as follows:

“4. Other rights and obligations of parents and persons who replace them are determined by the Law of Ukraine “On Education”;

in Article 30:

in Part 1 the words “initial, basic and complete levels” shall be replaced with the words “appropriate level”;

Part 2 shall be amended to read as follows:

“2. Compliance with State Standards of primary, basic and specialised general secondary education is mandatory for educational institutions that provide appropriate education”;

Articles 31–33 shall be amended to read as follows:

“Article 31. Development and Approval of State Standards of General Secondary Education

1. State standards of general secondary education are developed by the central executive authority in the field of education and science, approved by the Cabinet of Ministers of Ukraine and reviewed at least once every 10 years.

Other executive authorities are not allowed to change the content and scope of state standards of general secondary education.

2. Educational and methodological support for the implementation of state standards of general secondary education is provided by the central executive authority, which ensures the formation and implementation of state policy in the field of education.

Educational and methodological support for the implementation of specialised education standards shall be provided the central executive agencies making and implementing the state policy in the relevant areas.

3. The National Academy of Sciences of Ukraine, the National Academy of Pedagogical Sciences of Ukraine, educational quality assurance bodies, central executive authorities, which are subordinate to general secondary education institutions, academic, branch research institutes, educational institutions, other scientific and methodological and methodological institutions, public associations, including professional organisations (professional associations), employers' associations, independent institutions for assessing and ensuring the quality of education, other civil society institutions, experts, etc.

Article 32. Content Of State Standards of General Secondary Education

1. State standards of general secondary education define:

requirements for mandatory learning outcomes and competencies of a general secondary education applicant of the appropriate level;

the total amount of academic load of applicants for education at the corresponding level of general secondary education;

forms of state certification of educational applicants.

Article 33. Compliance With State Standards of General Secondary Education

1. It is the responsibility of an educational institution that ensures the receipt of general secondary education to create conditions for applicants to achieve the learning results provided for in the relevant state standard of general secondary education.

2. The procedure for educational applicants to achieve the learning results provided for in the relevant state standard of general secondary education is determined by the educational program of the educational institution.

3. The state is obliged to ensure that full general secondary education is obtained at the level of state standards of general secondary education.

4. In order to ensure that persons with special educational needs achieve the learning results provided for in the relevant state standard of general secondary education, the position of a teacher's assistant is introduced into the staff of an educational institution”;

Part 5 of Article 34 shall be amended to read as follows:

“5. Graduates of educational institutions that provide basic and specialised secondary education are issued a corresponding education document. Samples of documents on general secondary education are approved by the central executive authority in the field of education and science. Production of documents on general secondary education is carried out at the expense of the state budget”;

in Article 36:

Paragraph 3 shall be amended to read as follows:

“forecasting the development of general secondary education, a network of educational institutions that provide full general secondary education, in accordance with the educational needs of citizens”;

Paragraph 4 shall be excluded;

Paragraphs 5–8 shall be amended to read as follows:

“licensing of general secondary education institutions;

control over compliance with state standards of general secondary education, educational and methodological guidance and state inspection of educational institutions that ensure full general secondary education, regardless of subordination, types and form of ownership;

ensuring social protection, protection of life, health and protection of the rights of teachers, psychologists, librarians, other specialists involved in the educational process, students (pupils);

promoting the development of self-government in educational institutions that provide full general secondary education”;

Part 3of Article 22 shall be amended to read as follows:

“3. The Council of Ministers of the Autonomous Republic of Crimea, local executive authorities and local self-government bodies in the field of general secondary education within their competence:

ensure the implementation of state policy in the field of general secondary education in the relevant territory;

perform the functions of the founder of institutions of general secondary education in the relevant territory;

create conditions for citizens to receive a full general secondary education;

create conditions for the development of educational institutions of all forms of ownership;

in case of liquidation of a municipal institution of general secondary education in accordance with the procedure established by law, measures are taken to place students (pupils) in other institutions of general secondary education;

organise regulatory, software, material, scientific and methodological support, retraining, advanced training, certification of teachers;

provide teachers with textbooks, manuals, and methodological literature;

promote innovative activities in the general secondary education system;

provide social protection for teachers, specialists involved in the educational process, students (pupils);

exercise other powers in accordance with Constitution of Ukraine, Constitution of the Autonomous Republic of Crimea, Laws of Ukraine “On Local Self-Government in Ukraine”, “On Education” and regulations on them”;

in Article 38:

Paragraph 5 shall be amended to read as follows:

“forms the educational program(s) of an educational institution”;

in Paragraph 7, the words “state standard” shall be replaced with the words “state standards”;

in Paragraph 10, the words “(except for teachers of state and municipal general education institutions)” shall be excluded;

after Paragraph 10 shall be supplemented with two new paragraphs to read as follows:

“plans its own activities and forms a strategy for the development of the educational institution;

in accordance with the charter, it forms, reorganises and liquidates structural divisions.”

In this regard, Paragraphs 11–14 are considered Paragraphs 13–16, respectively;

Articles 39 and 40 shall be amended to read as follows:

“Article 39. Management and Public Self-Government of General Secondary Education Institutions

1. The management of an institution of general secondary education is carried out by the director, whose powers are determined by law, the Charter of the educational institution and the employment contract.

2. The collegial governing body of an institution of general secondary education is the pedagogical council, whose powers are determined by this Law and the Charter of the educational institution.

The pedagogical council is established in all educational institutions that provide general secondary education, regardless of subordination, types and form of ownership, if there are at least three teaching staff. All teachers of the educational institution must participate in meetings of the pedagogical council.

Pedagogical council of the institution of general secondary education:

plans the work of the institution;

approves the educational program(s) of the institution and evaluates the effectiveness of its (their) implementation;

forms a system and approves procedures for internal quality assurance of education, including the system and mechanisms for ensuring academic integrity;

considers issues related to improving and methodological support of the educational process;

makes decisions on the transfer of students (pupils) to the next class and their graduation, issuing documents on the appropriate level of education, awarding for academic success;

discusses issues of professional development of teachers, development of their creative initiative, determines measures to improve the skills of teachers, approves the annual plan for professional development of teachers;

considers the issues of introducing the best pedagogical experience and innovations into the educational process, participation in research, experimental, innovative activities, cooperation with other educational institutions, scientific institutions, individuals and legal entities that contribute to the development of education;

makes decisions on the celebration, moral and material incentives of students (pupils), employees of the institution and other participants in the educational process;

considers the issue of responsibility of students (pupils), employees of the institution and other participants in the educational process for their failure to fulfil their duties;

has the right to initiate an unscheduled institutional audit of the institution and conduct public accreditation of the institution;

considers other issues referred by law and/or the Charter of the institution to its powers.

Decisions of the pedagogical council of an institution of general secondary education are put into effect by decisions of the head of the institution.

3. In an institution of general secondary education may operate:

governance bodies of the staff of the educational institution;

governance bodies of education seekers;

parents governance bodies.

other governance bodies of educational process participants.

The highest collegial body of public self-government of an institution of general secondary education is the general meeting (conference) of the staff of the educational institution.

4. In institutions of general secondary education, methodological associations may function that cover participants in the educational process and specialists in a certain professional field.

Article 40. State Supervision (Control) in the Field of General Secondary Education

1. State supervision (control) in the field of general secondary education is carried out in accordance with the law of Ukraine “On education”.

2. An institutional audit of an institution that provides general secondary education is the only planned measure of state supervision (control) in the field of general secondary education, conducted once every 10 years by the central executive authority for ensuring the quality of education.

Institutional audit includes routine verification of compliance with license conditions”;

in Articles 42 the words “Central Institute of Postgraduate Pedagogical Education” shall be replaced with the words “State Higher Educational Institution “University of Education Management”, and after the words “National Academy of Sciences of Ukraine” the words and digits “other subjects providing scientific and methodological support in accordance with Article 75 of the Law of Ukraine “on education” shall be supplemented;

in Article 43:

in Part 2, the words “founders (owners)” shall be replaced with the words “founder(s)”;

shall be supplemented with Parts 3–5 to read as follows:

“3. The state finances the acquisition by a person of general secondary education in a private or corporate educational institution that has a license to carry out educational activities in the field of general secondary education, at the expense of state and local budgets by transferring to such an educational institution a target amount of funds in the amount of the Financial Standard (taking into account the corresponding correction factors) of the budget security of one student receiving a full general secondary education, and in accordance with the procedure determined by the Cabinet of Ministers of Ukraine.

4. State and municipal institutions of general secondary education may provide paid educational and other services, the list of which is approved by the Cabinet of Ministers of Ukraine. Founders of respective educational institutions are entitled to approve lists of paid educational and other services that are not included in the list approved by the Cabinet of Ministers of Ukraine.

5. The procedure for office management and accounting in an institution of general secondary education is determined by the head in accordance with the legislation. By the decision of the head of the institution of general secondary education accounting can be carried out independently by the educational institution or through a centralised accounting department”;

Article 45 shall be amended to read as follows:

“Article 45. Staffing Tables of General Secondary Education Institutions

1. Staffing tables of state and municipal institutions of general secondary education, regardless of subordination and types, are approved by the head of the institution of general secondary education on the basis of Standard Staffing Standards of Institutions of General Secondary Education, approved by the central executive authority that ensures the formation and implementation of state policy in the field of education.

2. Staffing tables of state and municipal institutions of specialised education are approved by the heads of relevant institutions on the basis of Standard Staffing Standards of Specialised Education Institutions approved by the central executive authorities that ensure the formation and implementation of state policy in the relevant areas.

3. Staffing tables of private and corporate institutions of general secondary education are established by the founder(s)”;

Article 48 shall be supplemented with Clause 3-1 to read as follows:

“3–1. Until 1 September 2018, the Cabinet of Ministers of Ukraine, the Council of Ministers of the Autonomous Republic of Crimea, regional state administrations, Kyiv and Sevastopol city state administrations and local self-government bodies should ensure that:

change of the type of subordinate boarding schools (except for secondary education institutions for children with intellectual disabilities) to a gymnasium or lyceum in accordance with the requirements of this Law, while maintaining boarding schools with partial or full maintenance of students (pupils) at the expense of the founder(s). Termination of the functioning of boarding schools as part of such institutions is possible only after the issue of students (pupils) receiving education and/or receiving appropriate social services at their place of residence (registration) or place of residence (registration) of their parents is resolved in accordance with the established procedure;

creation of regional (city – in the cities of Kyiv and Sevastopol) resource centres to support inclusive education, as well as district, city (district – in cities) inclusive resource centres, including in United territorial communities, by reorganising the existing network of psychological, medical and pedagogical consultations.

The Cabinet of Ministers of Ukraine will approve the Regulations on the resource centre for support of inclusive education and the inclusive Resource Centre within three months from the date of entry into force of the Law of Ukraine “On Education”;

in the text of the Law the words “general education institution” and “educational process” in all cases and numbers shall be replaced with the words “general secondary education institution” and “educational process” in the corresponding case and number, respectively;

3) in Law of Ukraine “On Extracurricular Education” (Bulletin of the Verkhovna Rada of Ukraine, 2000, No. 46, Article 393 with subsequent amendments):

in Article 1:

Paragraph 2 shall be supplemented with the words “other subjects of educational activity that provide educational services in the system of extracurricular education”;

Paragraph 3 shall be amended to read as follows:

“extracurricular education – a set of knowledge, skills and abilities acquired by pupils, students and trainees in institutions of extracurricular education, other subjects of educational activity under extracurricular education programs”;

after Paragraph 4 shall be supplemented with two new paragraphs to read as follows:

“an institution of specialised extracurricular education – institution of extracurricular education that provides specialised education in the art, sports, military or scientific direction;

an art school is an institution of specialised art education: music, art, choreography, choral, art school, etc., which provides primary art education.”

In this regard, Paragraphs 5–10 are considered Paragraphs 7–12, respectively;

Article 4 shall be supplemented with Part 2 to read as follows:

“In the system of extracurricular education, partial qualifications of levels 0–3 can be obtained National Qualifications Framework”;

in Part 2 of Article 6:

after Paragraph 1 shall be supplemented with a new paragraph to read as follows

“Extracurricular education can be obtained simultaneously with pre-school, full general secondary and vocational education. Competencies obtained through extracurricular programmes can be taken into account and recognised at the appropriate educational level.

In this regard, Paragraph 2 is considered Paragraph 3;

in the third paragraph, the word “organisations” shall be replaced with the word “associations”;

Article 8 after Paragraph 7 shall be supplemented with a new paragraph to read as follows:

“acquisition by students, pupils, and trainees of primary professional skills and abilities necessary for their socialisation, further self-realisation and/or professional activity.”

In this regard, Paragraphs 8–16 are considered Paragraphs 9–17, respectively;

in Part 1 of Article 9:

Paragraph 5 shall be amended to read as follows:

“science”;

after Paragraph 5 shall be supplemented with a new paragraph to read as follows:

“secular nature of education in state and municipal institutions of extracurricular education.”

Thereby consider paragraph six as paragraph seven;

shall be supplemented with Paragraph 8 to read as follows:

“other principles defined by the Law of Ukraine “On Education”;

in Article 10:

the title shall read as follows:

“Article 10. Extracurricular Education Management Bodies. State supervision (control) in the field of extracurricular education”;

amend part four to read as follows:

“4. State supervision (control) in the field of extracurricular education is carried out in accordance with the Law of Ukraine “On Education”;

Part 5 shall be excluded;

Paragraphs 10 and 11, Part 6 shall be amended to read as follows:

“perform the functions of founders in relation to the institutions of extracurricular education founded by them, summarise and disseminate the experience of their work;

create conditions for the development of educational institutions of all forms of ownership”;

Parts 1 and 2 of Article 11 shall be amended to read as follows:

“1. The institution of extracurricular education is managed by its director.

The collegial governing body of an institution of extracurricular education is the pedagogical council, whose powers are determined by the Charter of this institution.

The pedagogical council is established in all educational institutions that provide extracurricular education, regardless of subordination, types and form of ownership.

Pedagogical council of an institution of extracurricular education:

plans the work of the institution;

approves the educational program(s) of the institution and evaluates the effectiveness of its (their) implementation;

forms a system and approves procedures for internal quality assurance of education, including the system and mechanisms for ensuring academic integrity;

makes decisions on issuing educational documents;

considers topical issues of organisation, provision and development of the educational process in the institution, its structural divisions;

discusses issues and determines measures to improve the skills of teachers, approves the annual plan for improving the skills of teachers;

makes decisions on the celebration, moral and material incentives of students, pupils, trainees, employees of the institution and other participants in the educational process;

considers the issue of responsibility of students, pupils, trainees, employees of the institution and other participants in the educational process for their failure to fulfil their duties;

has the right to initiate an unscheduled institutional audit of the institution and conduct public accreditation of the institution;

handle any other matters that belong to its competence according to law and/or charter of the educational institution.

Decisions of the pedagogical council of an institution of extracurricular education are put into effect by decisions of the head of the institution.

2. In an extracurricular education institution may operate:

governance bodies of the staff of the educational institution;

student governance bodies; and

parents governance bodies.

other governance bodies of educational process participants.

The highest collegial body of public self-government of an institution of extracurricular education is the general meeting (conference) of the staff of an institution of extracurricular education”;

in Article 12:

Part 1 shall be amended to read as follows:

“1. An institution of extracurricular education is a legal entity. The form of ownership of an institution of extracurricular education is determined in accordance with the legislation”;

Part 2 shall be supplemented with Paragraph 4 to read as follows:

“The rights and obligations of an institution of extracurricular education provided for by the Law of Ukraine “On Education”, this Law and other laws also have an individual entrepreneur or a structural division of a legal entity of private or public law, the main activity of which is educational activities in the field of extracurricular education”;

Part 3 after the words “schools of arts”, the words “small academies of arts (folk crafts), small academies of sciences” shall be supplemented;

Paragraph 1 , Part 4 shall be amended to read as follows:

“4. Institutions of extracurricular education can be complex, field-oriented, or specialised”;

Articles 13 and 14 shall be amended to read as follows:

“Article 13. Constituent Documents of an Extracurricular Education Institution

1. An institution of extracurricular education operates on the basis of the charter approved by the founder of the institution.

An individual – an entrepreneur or a structural subdivision of a legal entity of private or public law, whose main activity is educational activities, acts on the basis of their own regulations on them.

2. Constituent documents are developed in accordance with Constitution of Ukraine, the Law of Ukraine “On Education”, this law, regulations on institutions of extracurricular education, which are approved by the central executive authorities that ensure the formation and implementation of state policy in the relevant sphere, and other normative legal acts.

3. Regulations on institutions of specialised extracurricular education are approved by the central executive authorities that ensure the formation and implementation of state policy in the relevant area. The regulations on specialised institutions of extracurricular education are the basis for developing the charters of such institutions.

Article 14. Creation, Reorganisation, Liquidation and Repurposing of an Extracurricular Education Institution

1. The decision to create, reorganise, liquidate and repurpose an institution of extracurricular education, regardless of its subordination, types and form of ownership, is made by its founder(s).

The founder of an institution of extracurricular education may be a state authority on behalf of the state, the relevant council on behalf of the territorial community(ies), an individual and/or legal person (in particular a religious organisation whose charter (regulations) are registered in accordance with the procedure established by law), by decision and at the expense of whose property the institution of extracurricular education was founded or who otherwise acquired the rights and obligations of the founder in accordance with the law.

2. Institutions of extracurricular education are created taking into account socio-economic, national, cultural and educational, spiritual and language needs in the presence of the necessary educational, methodological and material and technical base, teaching staff, as well as in compliance with the requirements of sanitary legislation.

3. Institutions of extracurricular education, regardless of their subordination, types and form of ownership, have equal rights and bear the same obligations to comply with the requirements of the legislation of Ukraine.

Institutions of extracurricular education have the right to create their own structural divisions, including separate structural divisions (branches)”;

Article 15 after Paragraph 2 shall be supplemented with a new paragraph to read as follows:

“artistic, which ensures that applicants acquire special artistic performing competencies in the process of active artistic activity”.

In this regard, Paragraphs 3–12 are considered Paragraphs 4–13, respectively;

Article 16 shall be amended to read as follows:

“Article 16. Curriculum and Planning of Extracurricular Education Institutions

1. The curriculum is a single complex of educational components planned and organised by an institution of extracurricular education in order for students, pupils, and students to achieve learning results (acquire competencies).

The curriculum contains requirements for pupils, students, and trainees who can start studying under this program; a list of educational components and their logical sequence; the total amount of academic load and expected learning outcomes of educational applicants.

2. The curriculum is approved by the pedagogical council of the institution of extracurricular education and approved by the head of the institution.

3. The curriculum is developed taking into account the peculiarities of social and economic development of the region, the interests of pupils, students and trainees, the needs of the family, the needs of other educational institutions, youth and children's public organisations, and should provide educational components for the free choice of educational applicants.

4. Standard curricula of an institution of extracurricular education are approved by the central executive body that ensures the formation and implementation of state policy in the field of education and science, and other central executive bodies that manage institutions of extracurricular education.

5. Institutions of extracurricular education may use standard curricula or develop their own curricula based on standard curricula.

6. On the basis of the curriculum, the institution of extracurricular education draws up and approves the annual work plan of the institution and the curriculum of the institution, which specify the organisation of the educational process.

7. State and municipal institutions of extracurricular education may plan the work of circles, sections, departments, departments for educational programs for extracurricular education, approved in accordance with the procedure established by the central executive authority, which ensures the formation and implementation of state policy in the field of education and science, other central executive authorities, in the sphere of management of which institutions of extracurricular education are located, as well as for other educational programs, subject to their approval by the relevant local executive authorities.

8. Experimental curricula are drawn up by institutions of extracurricular education, taking into account standard educational programs (curricula).

The introduction of experimental educational programs (curricula) is possible only by decision of the central executive authority that ensures the formation and implementation of state policy in the field of education, or other central executive authority that ensures the formation and implementation of state policy in the relevant field”;

Part 1of Article 17 shall be amended to read as follows:

“1. The structure of the academic year, the duration of the academic week, lessons, classes, rest between them, and other forms of organising the educational process are established by the institution of extracurricular education within the time limits provided for in the educational program.

The duration of classes in an institution of extracurricular education is determined by the educational program, curricula and programs, taking into account the psychophysiological development and permissible load for different age categories and is for pupils, students and trainees:

age from 3 to 6 years – 30 minutes;

age from 6 to 7 years – 35 minutes;

others – 45 minutes”;

in Articles 18:

in Paragraph 4 in Part 2, the words “standard curricula” shall be replaced with the words “standard educational programs (curricula)”;

Paragraph 3, Part 3 shall be amended to read as follows:

“Samples of documents on extracurricular education are approved by the central executive authority in the field of education and science. Samples of documents on specialised extracurricular education in art, sports, military, and scientific areas are approved by the central executive authorities that ensure the formation and implementation of state policy in the relevant areas”;

Part 3 of Article 22 shall be amended to read as follows:

“3. The position of head of a state and municipal institution of extracurricular education may be held by a person who is a citizen of Ukraine, has a higher education and at least three years of teaching experience, as well as organisational skills, whose physical and mental state does not interfere with the performance of official duties”;

in Paragraph 8 Part 1 of Article 22, the words “and approved by the relevant governing body” shall be excluded;

Articles 23 and 25 shall be amended to read as follows:

“Article 23. Labour Relations in the System of Extracurricular Education

1. Labour relations in the system of extracurricular education are regulated by the legislation of Ukraine on Labour, the Law of Ukraine “On Education”, this Law and other regulatory legal acts.

2. The head of an institution of extracurricular education is appointed and dismissed by the founder(s) or the body authorised by him (them).

3. Other employees of an institution of extracurricular education are appointed and dismissed by its head in accordance with the procedure provided for in the constituent documents of the educational institution in accordance with the legislation”;

“Article 25. Certification of Teachers of Extracurricular Education Institutions

1. Certification of teachers of an institution of extracurricular education, regardless of subordination, type and form of ownership, is carried out, as a rule, once every five years in accordance with the regulations on the certification of teachers approved by the relevant central executive authorities that ensure the formation and implementation of state policy in the relevant field”;

in Part 2 of Article 26:

Paragraph 3 shall be supplemented with a sentence: “The procedure for compensation of funds from state and/or local budgets for extracurricular education by children of these categories is approved by the Cabinet of Ministers of Ukraine”;

Paragraph 5 shall be amended to read as follows:

“Local executive authorities and local self-government bodies compensate funds for the education of children of privileged categories and have the right to establish additional benefits for tuition fees, taking into account the capabilities of local budgets, including for persons with disabilities who study full-time in institutions of higher, professional pre-higher and/or professional (vocational and technical) education, until the end of these educational institutions, but not more than until they reach the age of 23”;

in Article 28:

Part 1 shall be amended to read as follows:

“State and municipal institutions of extracurricular education can provide paid educational and other services, the list of which is approved by the Cabinet of Ministers of Ukraine. Founders of respective educational institutions are entitled to approve lists of paid educational and other services that are not included in the list approved by the Cabinet of Ministers of Ukraine.

Part 2 shall be excluded;

Part 3 after the word “defined”, the words “educational programs” shall be supplemented;

Section VIII shall be supplemented with Clause 3-1 “Final Provisions” to read as follows:

“3–1. It shall further be established that:

1) until the legislation and constituent documents of primary specialised art educational institutions (schools of aesthetic education) are brought in line with this Law, the terms “primary specialised art educational institution (school of aesthetic education)” and “art school” are identical, and all subjects of power and primary specialised art educational institutions( schools of aesthetic education) are guided by all the provisions of this Law concerning art schools, as well as the provisions of legislation concerning specialised art educational institutions (schools of aesthetic education) in the part that does not contradict this Law;

2) persons holding positions of teaching staff of primary specialised art educational institutions (schools of aesthetic education) or art schools retain their existing professional rights and social guarantees;

3) the salary of teachers of primary specialised art educational institutions (schools of aesthetic education) or art schools may not decrease if these employees continue to hold the relevant positions, perform the relevant duties and retain the appropriate qualification category and/or pedagogical titles;

4) until the legislation is brought in line with this Law, art schools are subject to the conditions and financing procedure provided for schools of aesthetic education of children and primary specialised art educational institutions (schools of aesthetic education)”;

In the text of the Law:

the words “extracurricular educational institution” in all cases and numbers shall be replaced with the words “institution of extracurricular education” in the corresponding case and number;

the words “educational institutions” in all cases shall be replaced with the words “institutions of education” in the corresponding case;

the words “educational-bringing-up process” in all cases shall be replaced with the words “educational process” in the corresponding case;

the words “general education institution” in all cases and numbers shall be replaced with the words “general secondary education institution” in the corresponding case and number;

the words and digits “vocational and higher educational institutions of I–II accreditation levels” in all cases shall be replaced with the words “institutions of professional (vocational and technical) and professional pre-higher education” in the corresponding case;

the words “primary specialised art educational institution (school of aesthetic education)” in all cases and numbers shall be replaced with the words “art school” in the corresponding case and number;

the words “during non-school and extracurricular hours” shall be excluded;

4) in Law of Ukraine “On Pre-school Education” (Bulletin of the Verkhovna Rada of Ukraine, 2001, No. 49, Article 259 with subsequent amendments):

in Article 4:

the title shall read as follows:

“Article 4. Pre-School Education. Basic Stages of a Child's Personality Formation”;

in Paragraph 2, Part 2, the word “versatile” shall be replaced with the word “overall”;

Parts 3 and 4 shall be amended to read as follows:

“3. The basic stages of physical, mental and social development of a child's personality are the age of the infant, early age, and pre-school age.

4. Age periodisation:

infants (up to one year old);

early age (from one to three years old);

pre-school age (from three to six (seven) years old):

junior pre-school age (from three to four years old);

middle pre-school age (from four to five years old);

senior pre-school age (from five to six (seven) years old)”;

in Article 6:

the words “in state and municipal institutions of pre-school education” shall be supplemented;

shall be supplemented with Paragraph 11 to read as follows:

“other principles defined by the Law of Ukraine “On Education”;

Part 5 of Article 9 shall be amended to read as follows:

“5. Children can receive pre-school education at the request of their parents or their surrogates:

in pre-school education institutions, regardless of their subordination, types and form of ownership;

in structural divisions of legal entities under private and public law, including educational institutions;

in the family – according to the family (home) form of pre-school education;

with the help of individuals who have a pedagogical education and/or professional qualifications of a teacher, including those who carry out independent professional activities;

with the help of individual entrepreneurs whose main activity is educational activities”;

in Article 11:

Part 2, Paragraph 8 shall be supplemented with four new paragraphs to read as follows:

“plans its activities and forms the development strategy of the institution;

forms the educational program of the institution;

provides recruitment and placement of personnel;

in accordance with the constituent documents, it forms, reorganises and liquidates structural divisions (branches, groups).”

In this regard Paragraphs 9 and 10 are considered Paragraphs 13 and 14, respectively;

in Part 3 the words “pre-school educational institution based on private ownership” shall be replaced with the words “pre-school educational institution”;

in Paragraph 1 in Part 4, the words “in agreement with the relevant educational management bodies and the relevant health management bodies” shall be excluded;

Part 5 shall be excluded;

Paragraph 2 Part 6 shall be amended to read as follows:

“In private institutions of pre-school education and pre-school education established by religious organisations, the charters of which are registered in accordance with the procedure established by law, the activities of the relevant religious organisations are allowed”;

in Article 12:

in paragraph 1:

in Paragraphs 2 and 3 the words “two months” shall be replaced with the word “one”;

in Paragraph 5, the words “children aged two to seven (eight) years who need correction of physical and/or mental development, long-term treatment and rehabilitation” shall be replaced with the words “children with special educational needs aged two to seven (eight) years”;

in Paragraph 6, the words “with physical and/or mental disabilities” shall be replaced with the words “with physical and/or intellectual disabilities”;

in Paragraph 9, the words “from two months to six (seven) years” shall be replaced with the words “from one to six (seven, eight) years”, and after the words “compensating type” the word “inclusive” shall be supplemented;

Paragraphs 13 and 4, Part 3 shall be amended to read as follows:

“3. To meet the educational needs of citizens, a pre-school education institution may be part of an association with other educational institutions”;

“Children with special educational needs can stay up to seven (eight) years in special pre-school institutions (groups) and inclusive groups of pre-school institutions.

To meet educational and social needs, organise correctional and medical rehabilitation work at special schools (boarding schools), sanatorium schools (boarding schools), educational and rehabilitation centres, their structural divisions can be created pre-school groups”;

Article 13 shall be amended to read as follows:

“Article 13. Constituent Documents of Subjects of Educational Activity in the Field of Pre-school Education

1. A pre-school education institution operates on the basis of its charter.

An individual – an entrepreneur or a structural subdivision of a legal entity of private or public law, whose main activity is educational activities, acts on the basis of their own regulations on them.

2. Constituent documents are developed in accordance with Constitution of Ukraine, the Law of Ukraine “On Education”, this law, regulations on pre-school education institutions approved by the central executive authority in the field of education and science, and other normative legal acts”;

in Article 14:

in Part 1, the words “family, related” shall be excluded;

Part 2, Paragraph 7 shall be supplemented with a new paragraph to read as follows:

“in inclusive groups – up to 15 people (including no more than three children with special educational needs).”

In this regard, Paragraphs 8 and 9 are considered Paragraphs 9 and 10, respectively;

in Paragraph 9, the word “children” shall be excluded;

Part 3 shall be amended to read as follows:

“3. The procedure for enrolling, expelling and transferring pupils to state and municipal educational institutions for pre-school education is approved by the central executive authority that ensures the formation and implementation of state policy in the field of education.

The procedure for enrolling, expelling and transferring pupils to private and corporate educational institutions for pre-school education is determined by the founder(s)”;

in Article 15:

the title and Part 1 shall be amended to read as follows:

“Article 15. Status of Pre-School Education Institutions and Other Subjects of Educational Activity in the Field of Pre-School Education

1. A pre-school education institution is a legal entity.

The form of ownership of a pre-school education institution is determined in accordance with the legislation. Pre-school education institutions can be based on the principles of public-private partnership (corporate pre-school education institution)”

shall be supplemented with Parts 5–6 to read as follows:

“5. A pre-school education institution founded by several subjects of various forms of ownership on the basis of public-private partnership has corporate status, the management features of which are determined by the foundation agreement and the Charter.

6. The rights and obligations of a pre-school education institution provided for by the law of Ukraine “On Education”, this and other laws, also have an individual entrepreneur or a structural division of a legal entity of private or public law, the main activity of which is educational activities in the field of pre-school education”;

Article 16 shall be amended to read as follows:

“Article 16. Education, Reorganisation, Liquidation and Repurposing of Pre-school Education Institutions

1. The decision to form, reorganise, liquidate or repurpose (change the type) of a pre-school education institution, regardless of its subordination, types and form of ownership, is made by its founder(s).

The founder of a pre-school education institution may be a state authority on behalf of the state, the relevant council on behalf of a territorial community(ies), a natural and/or legal person (in particular, a religious organisation whose charter (regulations) are registered in accordance with the procedure established by law), by decision and at the expense of whose property the pre-school education institution was founded or who otherwise acquired the rights and obligations of the founder in accordance with the law.

2. Pre-school education institutions are formed taking into account social and economic, national, cultural and educational, spiritual and language needs in the presence of children of the appropriate age, the necessary educational, methodological and material and technical base, pedagogical personnel, as well as in compliance with the requirements of sanitary legislation.

3. The vacated premises of liquidated state and municipal institutions of pre-school education are used exclusively for working with children.

Property that is state or municipal property (land plots, buildings, structures, equipment, etc.), the acquisition or separation of which is intended for children to receive pre-school education, is used exclusively for working with children.

4. Pre-school educational institutions may be transferred by the founders to communal or state ownership in accordance with the legislation”;

in Articles 18:

Paragraphs 2 and 4 shall be amended to read as follows:

“creating conditions for children, including those with special educational needs, to receive pre-school education”;

“licensing of educational activities in the field of pre-school education in accordance with the legislation”;

paragraph five shall be removed;

in Article 19:

in paragraph 1:

Paragraph 3 shall be excluded;

Paragraph 11 shall be amended to read as follows:

“develops and approves approximate lists of material and technical equipment of pre-school educational institutions, game, educational and didactic equipment”;

in Part 2:

Paragraph 2 shall be amended to read as follows:

“ensure the implementation of state policy in the field of pre-school education in the relevant territory, including the development of a network of pre-school education institutions of all forms of ownership in accordance with the needs of the population, improvement of the material and technical base and economic services of municipal pre-school education institutions”;

Paragraph 3 shall be excluded;

Paragraph 4 shall be amended to read as follows:

“perform the functions of the founder of pre-school education institutions in the relevant territory”;

in Paragraph 6, the word “citizens” shall be replaced with the words “children, including those with special educational needs”;

in Paragraph 8, the words “state and” shall be excluded;

Paragraph 9 shall be amended to read as follows:

“create conditions for the development of pre-school education institutions of all forms of ownership”;

Articles 202122 and 23 shall be amended to read as follows:

“Article 20. Management and Public Self-Government of Pre-school Education Institutions

1. The management of a pre-school education institution is carried out by its director.

2. The collegial permanent governing body of a pre-school education institution is the pedagogical council, whose powers are determined by the constituent documents of this institution. The pedagogical council is established in all pre-school education institutions, regardless of their subordination, types and form of ownership, if there are at least three teachers.

The pedagogical council of a pre-school education institution includes all teachers of the institution, medical workers, and other specialists. The pedagogical council of a pre-school education institution may include the chairmen of parent committees, individuals who carry out educational activities in the field of pre-school education.

Representatives of public associations, teachers of secondary education institutions, parents or persons replacing them may be invited to attend the meeting of the pedagogical council. Persons invited to meetings of the pedagogical council have the right to an advisory vote.

The chairman of the pedagogical council of a pre-school education institution is its director. The pedagogical council elects a secretary from among its members for the academic year.

Pedagogical Council of pre-school education institutions:

approves the educational program of the institution, evaluates the effectiveness of its implementation and the implementation of the Basic Component of pre-school education, the progress of high-quality implementation of programs for the development, upbringing and education of children in each age group;

forms a system and approves procedures for internal quality assurance of education, in particular the system and mechanisms for ensuring academic integrity;

considers issues of improving the organisation of the educational process in the institution;

determines the work plan of the institution and the teaching load of teachers;

approves measures to promote children's health;

discusses issues of professional development of teachers, development of their creative initiative;

approves the annual professional development plan for teachers;

hears reports of teachers who are undergoing certification;

considers the issues of introducing the best pedagogical experience and innovations into the educational process, participation in research, experimental, innovative activities, cooperation with other educational institutions, scientific institutions, individuals and legal entities that contribute to the development of education;

defines ways of cooperation between a pre-school educational institution and a family;

makes decisions on the celebration, moral and material incentives of students (pupils), employees of the institution and other participants in the educational process;

considers the issue of responsibility of employees of the institution and other participants in the educational process for their failure to fulfil their duties;

has the right to initiate an unscheduled institutional audit of the institution and conduct public accreditation of the institution;

considers other issues referred by the law and/or constituent documents of the institution to its powers.

Decisions of the pedagogical council of a pre-school education institution are put into effect by decisions of the head of the institution.

3. In pre-school education institutions may operate:

governance bodies of the staff of the educational institution;

parents governance bodies.

other governance bodies of educational process participants.

The highest collegial body of public self-government of a pre-school education institution is the general meeting (conference) of the staff of a pre-school education institution.

The general meeting (conference) hears reports of the head of the pre-school education institution on the statutory activities and gives an assessment of his professional and pedagogical activities, considers issues of educational, methodological, economic and financial and economic activities of the pre-school educational institution.

Article 21. State Supervision (Control) in the Field of Pre-school Education

1. State supervision (control) in the field of pre-school education is carried out in accordance with the Law of Ukraine “On Education”;

“Article 22. Basic Component of Pre-school Education

1. The basic component of pre-school education is a state standard containing norms and regulations that define state requirements for the level of development and upbringing of a child of pre-school age, as well as the conditions under which they can be achieved.

Compliance with the requirements of the Basic Component of pre-school education is mandatory for all pre-school education institutions, regardless of their subordination, types and forms of ownership, or other forms of pre-school education.

The procedure for achieving the learning results (acquisition of competencies) provided for in the Basic Component of pre-school education by applicants for pre-school education is determined by the educational program of the educational institution.

The Basic Component of pre-school education is developed by the central executive authority, which ensures the formation and implementation of state policy in the field of education, approved in accordance with the established procedure and reviewed at least once every 10 years.

2. Educational and methodological support for the implementation of the Basic Component of pre-school education is provided by the central executive authority, which ensures the formation and implementation of state policy in the field of education.

3. The National Academy of Pedagogical Sciences of Ukraine, educational quality assurance bodies, academic, branch research institutes, educational institutions, other scientific, methodological and methodological institutions, public associations, including professional organisations (professional associations), other civil society institutions, experts, etc. are involved in the development of the Basic Component of pre-school education.

Article 23. Curriculum

1. Curriculum is a single complex of educational components planned and organised by a pre - school education institution to achieve the learning results (acquisition of competencies) defined by the Basic Component of pre-school education.

The basis for the development of a curriculum is the Basic Component of pre-school education.

2. The curriculum must contain:

total workload and expected learning outcomes of educational applicants;

list, content, duration and interrelation of educational branches and/or subjects, disciplines, etc., logical sequence of their study;

forms of organisation of the educational process;

description and tools of the Internal Quality Assurance System of Education;

other educational components (by decision of the pre-school education institution).

3. The content of the educational program should include:

formation of the foundations of social adaptation and life competence of the child;

education of elements of a nature-oriented worldview, development of a positive emotional and value attitude to the environment;

affirmation of an emotional and value attitude to practical and spiritual human activity;

development of the need to realise their own creative abilities.

4. The educational program is approved by the pedagogical council of the pre-school education institution and approved by its head.

5. Curriculum developed on the basis of standard educational programs do not require separate approval by the Central Educational Quality Assurance body.

6. Each educational program should provide for the acquisition of the child's competencies defined by the Basic Component of pre-school education.

7. On the basis of the educational program, the pre-school education institution draws up and approves a work plan that specifies the organisation of the educational process.

8. The introduction of experimental educational programs is possible only by decision of the central executive authority that ensures the formation and implementation of state policy in the field of education.

9. Pre-school education for children in need of correction of physical and/or mental development, long-term treatment and rehabilitation, is carried out according to separate programs and methods developed on the basis of the state basic program by the central executive authority, which ensures the formation and implementation of state policy in the field of education, in coordination with the central executive authority, which ensures the formation of state policy in the field of health.

10. Additional educational services that are not defined by the Basic Component of pre-school education are introduced only with the consent of the child's parents or persons replacing them, at the expense of the parents or persons replacing them, individuals and legal entities on the basis of an agreement between the parents or persons replacing them and the pre-school educational institution within the maximum permissible load of the child”;

in Article 24:

Part 2 shall be amended to read as follows:

“2. The work plan of a pre-school education institution regardless of the type and form of ownership is approved by the head of such an institution”;

Part 3 shall be excluded;

Article 25 shall be supplemented with the following Paragraph 6:

“other entities that provide scientific and methodological support in accordance with Article 75 of the Law of Ukraine “On Education”;

in Article 27:

in Paragraph 3, the word “directors” shall be replaced with the words “teachers: directors”, and after the words “senior educators”, the words “assistant educators” shall be supplemented;

in Paragraph 4, the words “in orphanages, nurseries and nurseries-kindergartens” shall be excluded;

after Paragraph 7 shall be supplemented with a new paragraph to read as follows:

“assistants for children with special educational needs”.

Thereby consider paragraph eight as paragraph nine;

Paragraph 9 shall be amended to read as follows:

“individuals who have the right to carry out educational activities in the field of pre-school education”;

in Paragraph 5 of Part 2 of Article 28, the words “state and municipal” shall be excluded;

in Article 30:

Part 1 after the words “higher pedagogical education”, the words “and/or professional qualification of the teacher” shall be supplemented;

in part three:

Paragraph 3 after the word “educator” shall be supplemented with the words “inclusive group”;

after Paragraph 3, shall be supplemented by a new paragraph to read as follows:

“assistant teacher of an inclusive group – 36 hours”.

In this connection, paragraphs four – fourteen shall be deemed to be paragraphs five – fifteen, respectively;

Paragraph 7 after the words “compensating type” should be supplemented with the words “and with inclusive groups”;

after Paragraph 10, shall be supplemented by a new paragraph to read as follows:

“circle leader – 18 hours”.

In this regard, Paragraphs 11–15 are considered Paragraphs 12–16, respectively;

in Article 31:

Parts and shall be amended to read as follows:

“2. A person who is a citizen of Ukraine has a higher education of at least a Bachelor's degree, teaching experience of at least three years, as well as organisational skills, whose physical and mental state does not interfere with the performance of professional duties, is appointed to the position of head of a pre-school education institution, regardless of subordination, type and form of ownership.

3. The head of a pre-school education institution is appointed and dismissed by the founder(s) or the body authorised by him (them).

Other employees of a pre-school education institution are appointed and dismissed by its head in accordance with the procedure provided for in the constituent documents of the institution, in accordance with the legislation”;

Part 4 shall be excluded;

Part 4 of Article 33 shall be amended to read as follows:

“4. Children in need of correction of physical and/or mental development, long-term treatment and rehabilitation are guaranteed the right to:

visits to state and municipal pre-school education institutions with flexible working hours and their maintenance in these institutions at the expense of the state;

receiving psychological and pedagogical assistance in inclusive resource centres operating in accordance with the regulations approved by the Cabinet of Ministers of Ukraine”;

in Article 36:

Part 1 shall be supplemented with Paragraph 6 to read as follows:

“be on a voluntary basis a child's assistant with special educational needs or determine the person who will perform the duties of a child's assistant”;

shall be supplemented with part 3 to read as follows:

“3. Other rights and obligations of parents and persons who replace them are determined by the Law of Ukraine “On Education”;

in Article 37:

Part 2 shall be amended to read as follows:

“2. Maintenance and development of the material and technical base of pre-school education institutions are financed at the expense of the founder(s) of these institutions”;

shall be supplemented with Parts 3–6 to read as follows:

“3. Sources of funding for a pre-school education institution regardless of the form of ownership can be funds:

founder(s);

state and local budgets;

parents or persons who replace them;

voluntary donations and targeted contributions from individuals and legal entities;

other funds that are not prohibited by law.

4. Sources of financing for pre-school education institutions (departments, groups) based on the terms of public-private partnership are the funds of the founders.

The amount of co-financing is determined by the founders under the terms of the contract.

5. State and municipal institutions of pre-school education may provide paid educational and other services, the list of which is approved by the Cabinet of Ministers of Ukraine. Founders of respective educational institutions are entitled to approve lists of paid educational and other services that are not included in the list approved by the Cabinet of Ministers of Ukraine.

6. The procedure for office management and accounting in a pre-school education institution is determined by the head of the institution in accordance with the legislation. By the decision of the head of the pre-school education institution accounting can be carried out independently by the educational institution or through a centralised accounting department”;

in Article 38:

Part 2 shall be amended to read as follows:

“2. Requirements for the material and technical base of a pre-school education institution are determined by the relevant construction and sanitary and hygienic norms and rules. Approximate lists of material and technical equipment of pre-school educational institutions, game, educational and didactic equipment of pre-school educational institutions are approved by the central executive authority in the field of education and science”;

Part 3 shall be excluded;

in Article 41:

Part 2 shall be amended to read as follows:

“2. Failure of pre-school education institutions to comply with the license conditions may be grounds for revoking their license to carry out educational activities in the field of pre-school education”;

Part 3 shall be excluded;

In the text of the Law:

the words “pre-school educational institution” in all cases and numbers shall be replaced with the words “institution of pre-school education” in the corresponding case and number;

the words “educational-bringing-up process” in all cases shall be replaced with the words “educational process” in the corresponding case;

the words “director (manager)” in all cases and numbers shall be replaced with the word “director” in the corresponding case and number;

the words “children in need of correction of physical and/or mental development, long-term treatment and rehabilitation” in all cases shall be replaced with the words “children with special educational needs” in the corresponding case;

the words “relevant higher pedagogical education” in all cases shall be replaced with the words “higher pedagogical education in the relevant speciality” in the corresponding case;

the words “founder (owner)” in all cases and numbers shall be replaced with the words “founder(s)” in the corresponding case and number;

the words “provision of educational services” shall be replaced with the words “implementation of educational activities”;

5) in Law of Ukraine “On Military Duty and Military Service” (Bulletin of the Verkhovna Rada of Ukraine, 2006, No. 38, Article 324 with subsequent amendments):

in Part 1 of Article 15, the digits “18” shall be replaced with the digits “19”;

in Article 17:

Part 10 shall be excluded;

in Part 11 the words and digits “for health or family reasons, for caring for close relatives specified in the third paragraph of Part 11 of Article 15 of this Law” shall be replaced with the words “exercise the right to academic mobility, as well as those restored in a higher education institution”;

6) in Law of Ukraine “On Culture” (Bulletin of the Verkhovna Rada of Ukraine, 2011, No. 24, Article 168):

in Part 2 of Article 8, the words “extracurricular educational institutions” shall be replaced with the words “institutions of specialised extracurricular education”;

in Part 3 of Article 9 the words “primary specialised art educational institutions (schools of aesthetic education) and studios” shall be replaced with the words “art schools, studios”;

in  Paragraph 4, Part 1 of Article 16, the words “primary specialised art educational institutions (schools of aesthetic education and studios)” shall be replaced with the words “art schools, studios”;

in Part 4 of Article 20, the words “extracurricular institutions of aesthetic education and leisure of children and youth” shall be replaced with the words “art schools, leisure centres for children and youth”;

in Part 2 of Article 23, the words “primary specialised art educational institutions (schools of aesthetic education and studios)” shall be replaced with the words “art schools, studios”;

7) in Law of Ukraine “On Higher Education” (Bulletin of the Verkhovna Rada of Ukraine, 2014, No. 37-38, Article 2004 with subsequent amendments):

in Part one of Article 1:

shall be supplemented with Clause 1-1 to read as follows:

“1-1) academic integrity – a set of ethical principles and rules defined by the Law of Ukraine “On Education”, this Law and other laws of Ukraine, which should guide participants in the educational process during training, teaching and carrying out scientific (creative) activities in order to ensure confidence in the results of training and/or scientific (creative) achievements”;

in Clause 17, the words “educational (educational and professional or educational and scientific) program” shall be replaced with the words “educational (educational and professional, educational and scientific or educational and creative) program”;

Clause 19 shall be amended to read as follows:

“19) learning outcomes - knowledge, skills, experience, ways of thinking, views, values, other personal qualities that can be identified, planned, evaluated and measured and that a person is able to demonstrate after completing an educational program or individual educational components”;

in Clause 20, the words “educational and professional or educational and scientific” shall be replaced with the word “educational”;

Clause 23 shall be amended to read as follows:

“23) quality of higher education – compliance of learning outcomes with the requirements established by law, the relevant standard of higher education and/or the contract for the provision of educational services”;

in Article 3:

in Part 2:

Clause 6 after the word “scientific and pedagogical” shall be supplemented with the word “artistic”;

Clause 7 after the word “scientific and technical” shall be supplemented with the word “artistic”;

in part three:

Clause 1 after the word “science” shall be supplemented with the word “art”;

Clause 7 after the word “scientific and technical” shall be supplemented with the word “artistic”;

in Article 5:

in paragraph 1:

Paragraph 1 shall be amended to read as follows:

“1. Training of specialists with higher education is carried out according to the relevant educational or scientific programs at the following levels of higher education”;

Paragraph 5 shall be amended to read as follows:

“third (educational and scientific/educational and creative) level”;

in Paragraph 7, the words “fifth qualification” shall be replaced with the word “sixth”;

in Paragraph 8, the words “sixth qualification” shall be replaced with the word “seventh”;

in Paragraph 9, the words “seventh qualification” shall be replaced with the word “eighth”;

Paragraph 10 shall be amended to read as follows:

“The third (educational and scientific/educational and creative) level of higher education corresponds to the ninth level National Qualifications Framework”;

after Paragraph 10 shall be supplemented with two new paragraphs to read as follows:

“The educational and scientific level of higher education provides for the acquisition of theoretical knowledge, skills, skills and other competencies sufficient for the production of new ideas, solving complex problems in the field of professional and/or research and innovation activities, mastering the methodology of scientific and pedagogical activities, as well as conducting their own scientific research, the results of which have scientific novelty, theoretical and practical significance.

The educational and creative level of higher education provides for mastering the methodology of artistic and artistic and pedagogical activities, implementing an independent creative art project, obtaining practical skills in producing new ideas and solving theoretical and practical problems in the creative art sphere.”

In this regard, Paragraph 11 is considered Paragraph 13;

in Paragraph 13, the words “ninth qualification” shall be replaced with the word “tenth”;

in Part 2:

in Paragraph 1, the words “(educational and professional or educational and scientific)” shall be excluded;

Clause 4 shall be amended to read as follows:

“4) Doctor of Philosophy/Doctor of Arts;

in Paragraph 1, Part 3:

the digits “90-120” shall be replaced with the digits “120-150”;

shall be supplemented with a sentence: “The Scope of the educational and professional program for obtaining a Junior Bachelor's degree based on the Junior Specialist's degree is determined by the educational institution”;

Paragraph 1, Part 4 after the words “Junior Bachelor” shall be supplemented with the words “or Junior Specialist”;

Part 6 shall be supplemented with Paragraphs 5–7 to read as follows:

“Doctor of Arts is an educational and creative degree obtained at the third level of higher education on the basis of a Master's degree. A person shall be entitled to obtain a Doctor of Arts degree within creative postgraduate studies. The first stage for obtaining a Doctor of Arts degree can be practical assistantship, which is a form of training for artistic performers of higher qualification. The procedure for obtaining the educational and creative degree of Doctor of Arts and training in an assistant internship is approved by the Cabinet of Ministers of Ukraine on the recommendation of the central executive authority in the field of culture in coordination with the central executive authority in the field of education and science.

The degree of Doctor of Arts is awarded by the specialised council for awarding the degree of Doctor of Arts of a higher educational institution of art direction based on the result of successful implementation by the applicant of higher education of the relevant educational and creative program and public defence of a creative art project in accordance with the procedure determined by the Cabinet of Ministers of Ukraine.

The standard period for training a doctor of arts within creative postgraduate studies is three years. The volume of the educational component of the educational and creative program for training a Doctor of Arts is 30–60 ECTS credits”;

Part 3 of Article 6 shall be supplemented with Paragraphs 2 to read as follows:

“Certification of persons receiving the degree of Doctor of Arts is carried out by a permanent or one-time specialised council for awarding the degree of Doctor of Arts of a higher educational institution of art direction, accredited by the National Agency for Quality Assurance of Higher Education, on the basis of Public Protection of Artistic Achievements in the form of a creative art project. The applicant for the degree of Doctor of Arts has the right to choose a specialised council for awarding the degree of Doctor of Arts”;

in Article 7:

Paragraph 5, Part 2 shall be amended to read as follows:

“Diploma of Doctor of Philosophy/Doctor of Arts”;

Part 4 shall be amended to read as follows:

“4. In the diploma of Doctor of Philosophy/Doctor of Arts, Doctor of Science, indicate the name of the institution of Higher Education (scientific institution) in which the training was carried out, the name of the institution of higher education (scientific institution), in the specialised academic council (specialised council for awarding the degree of Doctor of Arts) which protected scientific/artistic achievements, as well as the name of the qualification.

The name of the Doctor of Philosophy qualification indicates the name of the degree, field of knowledge, and/or specialty. If the dissertation research is performed in related fields of knowledge, the degrees of Doctor of Philosophy and Doctor of Science are awarded in the leading field, indicating the intersectoral nature of the work.

The name of the Doctor of Arts qualification indicates the name of the degree, speciality, and in some cases – the name of the specialisation”;

in Paragraph 1, Part 5, the words “Doctor of Philosophy” shall be replaced with the words “Doctor of Philosophy/Doctor of Arts”;

in Article 8:

Part 1 shall be amended to read as follows:

“1. In the field of higher education, the Unified State Electronic Database on Education includes the Register of Higher Educational Institutions, the Register of Higher Education Documents, the Register of Independent External Evaluation Certificates and the Register of Student (School Photo) IDs”;

after Part 4 shall be supplemented with a new part to read as follows:

“5. The Register of Student (School Photo) IDs contains information about valid student (school photo) IDs issued by educational institutions, confirming the rights of students (pupils) provided for by law.”

In this regard, Parts 5–8 are considered Parts 6–9, respectively;

Part 9 shall be amended to read as follows:

“9. The regulation on the Unified State Electronic Database on Education is approved by the central executive authority in the field of education and science”;

Part 4 of Article 73 shall be amended to read as follows:

“4. The institution of higher education on the basis of the corresponding educational program for each specialty develops a curriculum that determines the list and scope of academic disciplines in ECTS credits, the sequence of studying disciplines, the forms of conducting training sessions and their scope, the schedule of the educational process, the forms of current and final control.

On the basis of the curriculum, individual curricula of students are developed and approved in accordance with the procedure determined by the institution of higher education, which should contain, among other things, the academic disciplines chosen by applicants for higher education”;

in Part 1 of Articles 13:

Clauses 9, 21 and 22 shall be amended to read as follows:

“9) carries out licensing of educational activities in the field of higher education and control over compliance with the requirements of licensing conditions in accordance with the legislation”;

“21) on the recommendation of the National Agency for Quality Assurance of Higher Education approves the regulations on accreditation of educational programs and the procedure for conducting institutional accreditation;

22) develops licensing conditions for educational activities in the field of higher education and submits them for approval by the Cabinet of Ministers of Ukraine”;

shall be supplemented with Clause 22-1 to read as follows:

“22-1) develops the procedure for training applicants for higher education with the degree of Doctor of Philosophy and Doctor of Sciences in higher educational institutions (scientific institutions) and submits them for approval by the Cabinet of Ministers of Ukraine”;

Clause 8, Part 2 of Article 16 shall be amended to read as follows:

“8) ensuring compliance with academic integrity by employees of higher education institutions and applicants for higher education, including creating and ensuring the functioning of an effective system for preventing and detecting academic plagiarism”;

in Articles 18:

in paragraph 1:

Clauses 3 and 9 shall be amended to read as follows:

“3) conducts institutional accreditation”;

“9) develops regulations on the accreditation of specialised academic councils (specialised councils for awarding the degree of Doctor of Arts) and submits it for approval to the central executive authority in the field of education and science, accredits specialised academic councils (specialised councils for awarding the degree of Doctor of Arts) and monitors their activities”;

Clause 10 shall be supplemented with the words “keeps a register of them”;

Article 19 shall be amended to read as follows:

“Article 19. Members of the National Agency for Higher Education Quality Assurance

1. The National Agency for Higher Education Quality Assurance shall consist of twenty-three persons appointed by the Cabinet of Ministers of Ukraine based on the decision of the Competition Committee in accordance with the results of competitive selection on the principles of gender balance and branch representation.

2. The National Agency for Higher Education Quality Assurance shall consist of at most one representative from each knowledge branch and shall include:

1) three persons selected among the representatives of Ukrainian nationwide associations of employers' organisations;

2) two persons selected among the higher education applicants of the first or second level;

3) at least one representative selected among the persons whose main place of employment is:

the National Academy of Sciences of Ukraine;

national branch academy of sciences (one representative from each academy);

higher educational institution of state ownership;

higher educational institution of communal ownership;

higher educational institution of private ownership.

A person may be nominated for membership in the National Agency for Higher Education Quality Assurance by the entities specified in Part 2 of this Article, or self-nominated.

3. A person may not be a member of the National Agency for Higher Education Quality Assurance in and the Competition Committee if he/she:

1) has been declared incapable or partially capable by a court judgment;

2) has a criminal record for committing a crime, if such a criminal record is not extinguished or removed in accordance with the procedure established by law;

3) has been deprived of the right to hold a certain position or conduct certain activities by a court sentence;

4) has been found guilty of committing a corruption offence by a court judgment –within one year from the date the relevant court decision was enacted;

5) has been subjected to an administrative penalty for an offence related to corruption –within one year from the date the relevant court judgment was enacted;

6) falls under Part 3 or 4, Article 1 of the Law of Ukraine “On Purification of Power”;

7) has been added to the Unified State Register of persons to whom the provisions of the Law of Ukraine “On Purification of Power” have been applied.

The National Agency for Higher Education Quality Assurance may not include members of the Competition Committee, heads and deputy heads of the National Academy of Sciences of Ukraine and national branch academies of sciences, higher educational institutions, research institutions, founders of private higher educational institutions, civil officers.

4. The period of membership in the National Agency for Higher Education Quality Assurance shall be three years. The same person may be a member of the National Agency for Higher Education Quality Assurance for at most two periods.

5. The chairman and deputy chairmen of the National Agency for Higher Education Quality Assurance shall be elected for three years at the first meeting of the National Agency for Higher Education Quality Assurance.

The chairman and deputy chairmen of the National Agency for Higher Education Quality Assurance shall be appointed and dismissed by the Cabinet of Ministers of Ukraine on the proposal of the National Agency for Higher Education Quality Assurance and work on a permanent basis.

6. Competitive selection of members for the National Agency for Higher Education Quality Assurance shall be organised and conducted by the Competition Committee established as an advisory body by the Cabinet of Ministers of Ukraine. The Competition Committee shall consist of nine persons, of which four international representatives shall be delegated from the associations of European Higher Education Area and one representative from each: the central executive authority for education and science, the joint representative body of the All-Ukrainian associations of employer organisations, the National Academy of Sciences of Ukraine, the National Academy of Pedagogical Sciences of Ukraine, the National Association of Students of Ukraine, which is a member of the European Students' Union (ESU).

The period of membership in the Competition Committee shall be three years without the right to re-approval for a second period. The Competition Committee shall consist of persons who have an academic degree and/or academic title or professional experience of at least five years, except for student representatives and international representatives.

The personal composition of the Competition Commission and the regulations on the Competition Commission are approved by the Cabinet of Ministers of Ukraine. Members of the Competition Committee shall perform their functions on a voluntary basis.

The decision of the Competition Committee shall be considered adopted if it has been supported by the majority of international representatives and the majority of national representatives.

The work of the Competition Committee shall be organised by means of meetings in which international representatives can take part via electronic video communication. International representatives participating in the meeting via electronic video communication shall confirm the results of their own voting in writing.

Meetings of the Competition Committee shall be held openly. Information on the meetings of the Competition Committee shall be published on the official website of the central executive authority for education and science.

The competition commission develops Regulations on the Competition for the election of members of the National Agency for Quality Assurance of Higher Education, approved by the Cabinet of Ministers of Ukraine, and forms qualification requirements for candidates who must provide for the presence of an academic degree or professional experience of at least five years, except for representatives of student self-government bodies.

7. The powers of a member of the National Agency for Higher Education Quality Assurance shall be terminated in the following cases:

1) expiration of the period for which the member was appointed;

2) submission of the member's personal application for resignation;

3) enaction of a conviction against the member;

4) termination of the member's citizenship of Ukraine;

5) declaring the member missing or dead;

6) death;

7) discovering restrictions stipulated by this Article;

8) in cases stipulated by the law.

8. The National Agency for Higher Education Quality Assurance shall engage international experts, representatives of leading foreign higher educational institutions and/or experts in higher education quality assurance from other countries.

9. The National Agency for Higher Education Quality Assurance shall internally establish the Ethics Committee, the Appeals Committee, as well as other committees consisting of the members of the National Agency for Higher Education Quality Assurance. The Ethics Committee shall consider the cases of academic plagiarism and submit the relevant proposals to the National Agency for Higher Education Quality Assurance, as well as exercise other powers assigned to it by the National Agency for Higher Education Quality Assurance. The Appeals Committee shall consider appeals, applications and complaints related to the activities and decisions of specialised academic councils, and submit the relevant proposals to the National Agency for Higher Education Quality Assurance, as well as exercise other powers assigned to it by the National Agency for Higher Education Quality Assurance.

10. A decision of the National Agency for Higher Education Quality Assurance may be appealed by a higher educational institution in accordance with the procedure determined by the National Agency for Higher Education Quality Assurance, which shall be made public. Based on the results of consideration of the complaint the National Agency for Quality Assurance of Higher Education makes an informed decision”;

Article 25 shall be supplemented with Part 8 to read as follows:

“8. In Ukraine, certificates of accreditation of educational programs issued by foreign accreditation agencies or quality assurance agencies of higher education are recognised, the list of which is approved by the Cabinet of Ministers of Ukraine”;

Section V shall be supplemented by Article 25-1 to read as follows:

“Article 25-1. Institutional Accreditation of the Institution of Higher Education

1. An institution of higher education wishing to undergo institutional accreditation shall submit to the National Agency for Higher Education Quality Assurance a written application and documents confirming the compliance of its internal quality assurance system with the requirements for the higher education quality assurance system.

2. Institutional accreditation of the institution of higher education shall be voluntary and may be carried out on the initiative of the institution's head and collegial administrative body.

3. The institutional accreditation certificate shall be issued for five years.

4. The institutional accreditation result shall be confirmed by a certificate that entitles the institution of higher education to self-accredit its educational programmes (except for those that are first-time accredited in the relevant knowledge field). The institution of higher education that has self-accredited an educational programme shall submit a written application to the National Agency for Higher Education Quality Assurance, based on which it will receive an accreditation certificate for the educational programme.

5. The procedure for conducting institutional accreditation is approved by the central executive authority in the field of education and science on the recommendation of the National Agency for Quality Assurance of Higher Education”;

Part 1of Article 27 shall be amended to read as follows:

“1. An institution of higher education as a business entity can operate in one of the following statuses:

budgetary institution;

non-profit institution of higher education;

profitable institution of higher education.

In a private institution of higher education, its structure, composition, working procedure and powers of management bodies, working and advisory bodies, public and student self-government bodies, scientific societies, procedures for electing or appointing heads of the institution and its divisions may be determined by the Charter of the Institution without compliance with the requirements of this Law”;

Clause 3, Part 1 of Article 28 shall be amended to read as follows:

“3) a college – an institution of higher education or a structural division of a university, academy or institute that carries out educational activities related to obtaining a Bachelor's degree and/or a Junior Bachelor's degree, conducts applied scientific research and/or creative artistic activities. A college also has the right, in accordance with the license(s), to provide specialised secondary, vocational (vocational and technical) and/or professional pre-higher education.

The status of a college is granted to an educational institution (a structural division of an educational institution) where the licensed volume of training for applicants for higher education with a bachelor's degree and/or a Junior Bachelor's degree is at least 30 per cent of the total licensed volume”;

in Part 2 of Articles 32:

Clause 6 after the words “Doctor of Philosophy” shall be supplemented with the words “/ Doctor of Arts”;

Clause 7 after the word “educational” shall be supplemented with the word “artistic”;

Clause 9 after the word “educational” shall be supplemented with the word “artistic”;

Clause 12 shall be supplemented with the words “(Doctor of Arts degree by accredited specialised councils for awarding the Doctor of Arts degree)”;

clause 13 shall be amended to read as follows:

“13) establish institutions of general secondary education in coordination with local self-government bodies”;

shall be supplemented with Clause 13-1 to read as follows:

“13-1) act as the founder or co-founder of institutions of professional (vocational and technical), professional pre-higher education, colleges”;

in Article 33:

Part 1 shall be supplemented with the sentence: “The structure of a non-budgetary institution of higher education may be determined by its statute without complying with the requirements of this Article.”

in Part 3 the words “higher education institutions” shall be replaced with the words “institutions of higher education (except for colleges that do not train bachelors)”;

in Part 8:

in Paragraph 1, the words “medical and pharmaceutical profiles” shall be replaced with the words “in the field of healthcare”, and the words “medical education” – with the words “education in the field of healthcare”;

in Paragraphs 2 and 3, the words “medical education” shall be replaced with the words “health education”;

in Article 36:

in Part 2:

in Clause 7, the word “deans” shall be excluded;

shall be supplemented with Clause 14-1 to read as follows:

“14-1) makes final decisions on the recognition of higher education documents issued by institutions of higher spiritual education, the charters (regulations) of which are registered in accordance with the procedure established by law, when enrolling applicants for training”;

in Paragraph 1 Part 3, the words “clinical residents” shall be excluded;

in Article 37:

Parts 1 and 3 shall be amended to read as follows:

“1. The supervisory board of an institution of higher education is established by the decision of the founder(s) to supervise the management of the property of the institution of higher education, compliance with the purpose of its creation”;

“3. Members of the supervisory board have the right to:

participate in the work of the higher collegial public self-government body at the institution of higher education with the right of advisory vote;

participate in the determination of development strategy for the institution of higher education and monitor its implementation;

facilitate attraction of additional funding;

analyse and evaluate the activities of the institution of higher education and its head;

monitor the implementation of cost estimate and/or budget of the institution of higher education and make relevant recommendations and proposals which must be considered by the institution's head;

submit to the founder of the institution of higher education proposals on promotion or recalling of the institution's head on the grounds stipulated by the law;

exercise other rights defined by the constituent documents of a higher education institution”;

Part 4 after the words “public self-government”, shall be supplemented with the words “and/or to the founder(s)”;

Part 5 after the words “cannot enter”, shall be supplemented with the words “applicants for higher education and”;

Paragraph 1, Part 1 of Article 42 after the words “scientific degree” shall be supplemented with the words “(for higher educational institutions of the art direction – academic title and scientific degree or doctor of art degree)”;

Part 1of Article 43 shall be amended to read as follows:

“1. The head of the faculty (educational and scientific institute) is elected by the academic council of the faculty (educational and scientific institute) of the higher education institution by a majority vote of its composition, taking into account the proposals of the labour collective of the faculty (educational and scientific institute). Other issues related to the procedure for electing the head of the faculty (educational and scientific institute) are determined by the Charter of the Institution of Higher Education.

The head of the higher education institution appoints the head of the faculty (educational and scientific institute) for a period of five years and enters into a corresponding contract with him. The head of a higher education institution has the right to reasonably refuse to be appointed to a position and conclude a contract. The academic council of the faculty (educational and scientific institute) of a higher education institution has the right to confirm the previous decision by two-thirds of its members, after which the head of the higher education institution is obliged to appoint the relevant person to the position and conclude a corresponding contract with him within 10 working days.

The head of the faculty (educational and scientific institute) exercises his powers on a permanent basis”;

the second sentence, Part 10 of Article 44 shall be amended to read as follows: “A person may enter a higher education institution for obtaining a Master's degree on the basis of a Bachelor's or Master's degree obtained in another speciality, provided that they successfully pass additional entrance tests, taking into account the average score of the Bachelor's or Master's higher education document”;

in Article 45:

Paragraph 1, Part 2 shall be amended to read as follows:

“2. Independent External Evaluation is carried out on the basis of external independent assessment programs approved by the central executive authority in the field of education and science. The contents of Independent External Evaluation programmes shall be accessible to individuals that are to undergo such evaluation at the beginning of their education at the respective level.

Part 7 shall be amended to read as follows:

“7. Financing of Independent External Evaluation activities is carried out at the expense of the state budget in accordance with the procedure established by law and at the expense of other sources not prohibited by law”;

Clause 4, Part 1 of Article 46 after the word “non-performance”shall be supplemented with the word “individual”;

Article 58 shall be supplemented with Clause 3-1 to read as follows:

“3-1) observe academic integrity in the educational process and scientific (creative) activities and ensure its compliance by applicants for higher education”;

in Part 2 of Article 59, the digits “20” shall be replaced with the digits “25”;

Part 1 of Article 60 shall be supplemented with Paragraphs 2 to read as follows:

“Postgraduate education includes obtaining a second (subsequent) higher education – obtaining a Bachelor's (Master's) degree in another speciality based on the obtained higher education not lower than a Bachelor's degree and practical experience”;

in Article 61:

in Part 2:

shall be supplemented with the words “/Doctor of Arts”;

shall be supplemented with clause 6 to read as follows:

“6) a trainee assistant – a person who has a higher education of a master's degree, studies in an assistant internship of a higher education institution in artistic specialties in order to improve creative skills”;

in part three:

Clause 2 shall be excluded;

Clause 4 after the word “departments” shall be supplemented with the words “or residency bases”;

Clause 5 shall be excluded;

in Part 1 of Article 62:

Clause 8 after the word “hostel” shall be supplemented with the words “and round-the-clock access to it”;

in Clause 15, the word “worker” shall be excluded;

in Clause 19, the words “clinical residency” shall be excluded;

Clause 3 Part 1 of Article 63 shall be amended to read as follows:

“3) comply with the requirements of the educational (scientific) program (individual curriculum (if any), observing academic integrity, and achieve certain learning results for the corresponding level of higher education”;

the title of Section XI shall be amended to read as follows:

“Section XI
SCIENTIFIC, SCIENTIFIC AND TECHNICAL, ARTISTIC AND INNOVATIVE ACTIVITIES IN HIGHER EDUCATIONAL INSTITUTIONS”;

in Article 65:

the title after the words “scientific and technical” shall be supplemented with the word “artistic”;

Part 1 shall be supplemented with Paragraph 2 to read as follows:

“Artistic activity is an integral part of the educational activities of higher educational institutions of cultural and/or artistic direction and is carried out in order to deepen professional competencies, innovative activities in art, which contributes to the creation of a new cultural and artistic product”;

Part 2 after the word “scientific and technical”, shall be supplemented with the word “artistic”, and after the word “scientific and technical” – with the word “artistic”;

Part 6 of Article 69 shall be amended to read as follows:

“6. Institutions of higher education and scientific institutions carry out measures to prevent academic plagiarism – the publication (partially or completely) of scientific (creative) results obtained by other persons as the results of their own research (creativity) and/or reproduction of published texts (published works of art) by other authors without specifying authorship”;

in Section XV “Final and Transitional Provisions”:

in Clause 2:

the second sentence, Subparagraph 3 shall be amended to read as follows: “The last admission to higher education at the educational qualification level of a junior specialist is held in 2019”;

Subparagraphs 5 and 6 shall be amended to read as follows:

“5) institutions of higher education that train specialists at the educational qualification level of a Junior Specialist have the right to continue educational activities for training specialists of an educational and professional degree of a Junior Bachelor, provided that they obtain an appropriate license. At the same time, the requirements of the license conditions for the availability of scientific and pedagogical workers and the corresponding length of scientific and pedagogical work may be applied to these institutions of higher education from the moment they receive them in accordance with Subparagraph 12–1 this Clause has the right to include positions of research and teaching staff in its staffing table. For the purposes of licensing, the period of pedagogical activities conducted at the institutions of higher education by the staff with academic degrees and/or academic titles shall be counted as the institutions' experience of scientific-pedagogical activities. Educational programmes for training students with a Junior Bachelor educational professional degree shall be accredited on a general basis in accordance with this Law;

6) higher educational institutions that in the higher education system train specialists exclusively of the educational qualification level of a Junior Specialist and until 2020 will not receive a license to prepare an educational and professional degree of a Junior Bachelor and/or a Bachelor's degree, may continue training junior specialists in the system of professional pre-higher education”;

shall be supplemented with Subparagraphs 6-1 and 6-2 to read as follows:

“6-1) higher educational institutions of I–II accreditation levels, within two years from the date of obtaining a license for the preparation of a Junior Bachelor's degree, must bring the type and Charter of the Higher Educational Institution in line with this Law;

6-2) Paragraph 2, Cause 3, Part 1 of Article 28 of this Law comes into force on 1 January 2020. At the same time, the requirement for a licensed amount of training for applicants for higher education with a Bachelor's degree and/or a Junior Bachelor's degree applies:

of 1 January 2020 – 10%;

of 1 January 2021 – 20%;

from 1 January 2022 – 30 per cent”;

Subparagraph 7 shall be amended to read as follows:

“7) training of Candidates and Doctors of Sciences, carried out by higher educational institutions and scientific institutions and started before 1 September 2016, continues within the stipulated training period in accordance with the legislation in force at the time of entry into force of this Law. Based on the results of the defence of dissertations for the degree of Candidate of Sciences and the degree of Doctor of Sciences in specialised academic councils formed by the central executive authority in the field of education and science, applicants for scientific degrees are awarded the scientific degree of Candidate or Doctor of Sciences in accordance with the legislation in force before the entry into force of this Law, and issued a diploma of Candidate or Doctor of Sciences by the central executive authority in the field of education and science until 31 December 31 2020. This period may be extended for the duration of academic or social leave, military service, or long-term illness”;

shall be supplemented with Subclause 12-1 to read as follows:

“12-1) colleges (including colleges as structural divisions of universities, academies, institutes) that have received a license to train specialists with a Junior Bachelor's or Bachelor's degree, include in their staffing table the relevant positions of research and teaching staff. The scientific and pedagogical staff and Junior Bachelor or Bachelor students of such colleges shall fall under the salary and pension provision terms, pedagogical load standards, scholarship provision standards established for the institutions of higher education of III–IV accreditation levels. The teaching staff of these colleges, who meet the requirements of this Law for research and teaching staff and provide training for specialists of the Junior Bachelor's or Bachelor's degree, receive the status of research and teaching staff and are transferred to the relevant research and teaching positions from the beginning of the implementation of the relevant educational program or from 1 September 2017, if the educational program for training specialists of the Bachelor's degree is already implemented”;

in Subparagraph 16:

the words “entry into force of this Law” shall be replaced with the words “creation of scientific and pedagogical positions in the college”, and the words “academic title” – with the words “academic (honorary) title”;

the words and digits “of Part 1 of Article 43” shall be replaced with the words and digits “of Parts 2 and 6 of Article 35, Part 1 of Article 42”;

shall be supplemented with Subclause 20 to read as follows:

“20) until the Regulation on Accreditation of Educational Programs is approved in accordance with the procedure established by this Law, such Accreditation is carried out by the central executive authority in the field of education and science in accordance with the procedure provided for accreditation of directions and specialities”;

in Paragraph 6 Subparagraph 6, Clause 5 the words “as of the date of entry into force of this Law” shall be replaced with the words and figures “until 1 September 2018”;

in the text of the Law the words “higher educational institution” and “higher spiritual educational institution” in all cases and numbers shall be replaced with the words “institution of higher education”" and “institution of higher spiritual education” in the corresponding case and number, respectively;

8) Clause 6, Part 1 of Article 7 of the Law of Ukraine “On Licensing of Types of Economic Activity” (Bulletin of the Verkhovna Rada of Ukraine, 2015, No. 23, Article 158) shall be amended to read as follows:

“6) educational activities that are licensed taking into account the specifics defined by special laws in the field of education”;

9) in Law of Ukraine “On Scientific and Technical Activities” (Bulletin of the Verkhovna Rada of Ukraine, 2016, No. 3, Article 25):

Paragraph 2, Part 2 of Article 26 after the word “relevant” shall be supplemented with the words “state and/or”;

in Article 59:

Part 1 after the word “competitiveness”, shall be supplemented with the words “institutions of specialised education of a scientific profile (scientific lyceums, scientific boarding lyceums)”;

Paragraph 2, Part 3 shall be supplemented with the words “as well as institutions of specialised education of a scientific profile (scientific lyceums, scientific boarding lyceums)”.

5. Recommend that the founders of educational institutions bring the constituent documents of educational institutions into compliance with this Law within five years.

6. The Cabinet of Ministers of Ukraine shall:

1) ensure until 2023 the phased implementation of the provision of Part 2 of Article 61 of this Law, while providing for an annual increase in the official salary of a teacher of the lowest qualification category to four subsistence minimums for able-bodied persons in proportion to the amount of increase in revenues of the state budget of Ukraine compared to the previous year, and approve the relevant schemes of official salaries (salary rates);

2) within one year from the date this Law entry into force:

prepare and submit for consideration to the Verkhovna Rada of Ukraine proposals on bringing the laws of Ukraine in line with this Law;

prepare and submit to the Verkhovna Rada of Ukraine a draft law on professional pre-higher education;

prepare and submit to the Verkhovna Rada of Ukraine draft laws on amendments to Tax  and Customs Codes of Ukraine for the purpose of exempting educational institutions and scientific institutions from taxation, payment of duty and customs duty for educational, scientific and production equipment and accessories moved across the customs border of Ukraine for educational and scientific purposes;

ensure the development of a methodology for regulatory financing of educational institutions;

establish a National Qualifications Agency;

bring their normative legal acts into compliance with this Law, ensure that normative legal acts of ministries and other central executive bodies are brought in line with this Law;

ensure adoption of regulatory acts stipulated by this Law;

3) within six months from this Law coming into force:

with the involvement of the joint representative body of the employers 'side at the national level and the joint representative body of the trade unions' side at the national level, professional associations of the national level, prepare and submit to the Verkhovna Rada of Ukraine a draft law on the national qualifications system;

establish the State Service for the Quality of Education and Its Territorial Bodies on the basis of the State Inspectorate of Educational Institutions of Ukraine.

President of Ukraine

P. POROSHENKO

City of Kyiv
5 September 2017
№ 2145-VIII