Volume 04 Issue 07-2024
18
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
07
P
AGES
:
18-23
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In this article, the need to revise the legal status of educational institutions in the system of the Ministry of Internal
Affairs is justified due to the fact that the principles of a market economy are being integrated into modern social life
in our country and the growth of competitive educational services.
KEYWORDS
Educational institutions in the system of the Ministry of Internal Affairs, paid educational services, academic (financial)
freedom.
INTRODUCTION
The transition of Uzbekistan to a market economy has
created a competitive struggle in the field of
education, as well as in all areas. The fact that the
market economy is based on free commodity-money
relations and the movement of various forms of service
on its basis accelerated these processes. It is known
that during the times of the former Soviet Union, all
types of education were provided free of charge, and
this was enshrined at the constitutional level (Article 43
of the Constitution of the USSR).[1] However, the
market economy created the need for self-sufficiency
of educational institutions and their need to provide
paid educational services. As a result of such cases, it is
necessary to revise the civil legal status of educational
institutions that did not need to operate as a legal
entity in the former Soviet Union.
Research Article
REPROVING THE LEGAL STATUS OF EDUCATIONAL INSTITUTIONS IN
THE MINISTRY OF INTERNAL AFFAIRS - PERIOD REQUIREMENT
Submission Date:
July 03, 2024,
Accepted Date:
July 08, 2024,
Published Date:
July 13, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue07-04
Kulmuradov Ulugbek Islamovich
Republic of Uzbekistan, Independent researcher of the Academy of the Interior Ministry, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 07-2024
19
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
07
P
AGES
:
18-23
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The market economy of the Republic of Uzbekistan has
made paid education and paid educational services the
subject of civil law contracts, and these provisions are
reflected in our national legislation. In particular,
Article 6 of the Law of the Republic of Uzbekistan "On
Education" dated August 29, 1997 stated that
"Educational institutions have the right to provide paid
educational services in accordance with their charter
functions, as well as to engage in other types of
entrepreneurial activity."[2]
The introduction of the principles of market economy
into the social life of the country has made the
participation of educational institutions, including
those of the Ministry of Internal Affairs (hereinafter -
the Ministry of Internal Affairs) in civil society an
objective necessity. After all, today educational
institutions are widely involved in civil-legal relations,
especially in property relations related to the provision
of paid educational services.
The scientific analysis carried out to determine the civil-
legal status of educational institutions in the system of
the Ministry of Internal Affairs made it possible to
emphasize the following features:
first, educational institutions of various organizational
and legal forms (school, lyceum, academy, center, etc.)
operate in the system of the Ministry of Internal
Affairs, each of which has its own legal status;
secondly, the activities of educational institutions in
the system of the Ministry of Internal Affairs are
regulated by legislative acts of various levels. In
particular, the Civil Code (hereinafter - the Civil Code),
general laws (for example, on non-governmental non-
commercial organizations) and special laws (for
example, on education) and bylaws apply.
It should be noted that the reforms aimed at improving
the legal status of educational institutions as legal
entities and expanding their participation in civil law
relations in our country were mainly carried out in two
stages. At the first stage, educational institutions were
given the right to provide paid educational services and
engage in entrepreneurial activities, and at the second
stage, the establishment and operation of private
educational institutions was allowed.
According to M.V.Grechko, the basis for the
emergence of private educational institutions was the
recognition of private property in society and the
recognition of the equality of all forms of property.[3]
However, in our opinion, the recognition of private
property and ensuring the equality of all forms of
property is one of the important principles of a market
economy. Therefore, the basis for the emergence of
private educational institutions was not the
recognition of the equality of private property and
forms of ownership in society, but the transition to a
market economy. In other words, without the
transition to a market economy, there would be no
equality between private property and forms of
property in society.
Indeed, according to the traditional rule formed in civil
law, legal entities are divided into commercial and non-
commercial types according to their property rights
and the nature of their activities. As A.S.
Fedoryashenko noted, "there was no division of legal
entities into commercial and non-commercial types
due to the absence of permission for entrepreneurial
activities in Soviet civil law."[4] That is, in the Civil Code
of the Republic of Uzbekistan adopted after
independence, legal entities were divided into
commercial and non-commercial types. And this is
reflected in the first part of Article 40 of the Civil Code
in the following content: "An organization (non-
commercial organization) that has the main goal of its
activity to make a profit (commercial organization) or
does not have such a goal to make a profit (non-
Volume 04 Issue 07-2024
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(ISSN
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VOLUME
04
ISSUE
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AGES
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OCLC
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Publisher:
Oscar Publishing Services
Servi
commercial organization) may be a legal entity."[5]
The criteria for classifying legal entities into such types
are their main goals and the procedure for using the
income gained. That is, if the main goal of commercial
organizations is to make a profit and distribute this
profit among the participants who created it, the
original goal of non-commercial organizations
(including educational institutions) will be aimed at
performing socio-cultural tasks. It should be noted that
our national legislation allows non-commercial
organizations (including educational institutions) to
engage in entrepreneurship and income-generating
activities. However, it is not allowed that such activities
become their main activities and the profit gained as a
result of it is distributed among the participants.
Naturally, the market economy has turned non-
commercial legal entities into active subjects of civil
law relations. Articles 7-78 of Paragraph 3 of Chapter 4
of the Civil Code indicate 6 forms of non-commercial
organizations. However, the law does not prohibit the
organization of other forms of non-commercial
organizations. That is, Article 40 of the Civil Code
provides that non-commercial organizations can be
created in another form provided for by law.
The most common legal form of non-commercial
organizations are institutions, which have a special
place in ensuring and implementing the interests of the
state and society. For example, "educational
institutions" with a civil-legal status play an important
role in the training of strong and competitive mature
personnel necessary for the work of the state and
society. It is known that in our country, it is allowed to
establish private educational institutions in order to
train talented and competitive personnel. These
processes created a new trend in the market of
educational services, and as a result, new
organizational and legal forms of educational
organizations (private, international, etc.) appeared.
According to A.A. Popov, "the active involvement of
institutions in civil circulation, that is, the
implementation of functions of a non-commercial
nature on the one hand and the active participation in
property relations on the other, creates the need to
reconsider their legal status in civil-legal relations."[6]
Indeed, the emergence of private educational
institutions and the competitive environment in the
process of training personnel has created the need to
revise the organizational and legal status of state
educational institutions, such as the implementation of
traditional management, other non-commercial
functions, full or partial financial support by the
founders. Implementation of this will allow to solve the
problems related to the participation of relatively new
institutions in civil law relations among subjects of civil
law. In addition, today, while private educational
institutions are developing in the education market
with their paid and competitive educational services, it
serves to make educational institutions in the system
of the Ministry of Internal Affairs a worthy competitor.
Educational institutions in the system of the Ministry of
Internal Affairs, on the one hand, are a structure in the
system of the ministry, which is a state management
div, and on the other hand, they are a subject in the
group of non-commercial organizations, that is, an
institution with the status of a legal entity. In this
sense, it is necessary to pay attention to a number of
features of the activities of educational institutions in
the system of the Ministry of Internal Affairs:
firstly, the activities of educational institutions in the
system of the Ministry of Internal Affairs are both in the
system of the state governing div[7] and as a non-
profit legal entity, that is, as an institution;
secondly, educational institutions in the system of the
Ministry of Internal Affairs, along with the
implementation of socio-cultural tasks or other non-
Volume 04 Issue 07-2024
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International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
04
ISSUE
07
P
AGES
:
18-23
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
commercial tasks, carry out special, i.e. when
necessary, activities related to the implementation of
tasks assigned to the internal affairs bodies on the
basis of Article 2 of the Law "On Internal Affairs
bodies."
Speaking about the activities of educational
institutions in the system of the Ministry of Internal
Affairs, first of all, it should be noted that it is an
organization created by the owner and fully or partially
financially supported for the training of qualified
specialists for internal affairs bodies, that is, for the
implementation of socio-cultural tasks or other non-
commercial tasks specified in Article 76 of the Civil
Code.
In this regard, in the conditions of market economy and
educational competition, the issue of competition of
educational institutions in the system of the Ministry of
Internal Affairs with educational institutions granted
academic freedom (financial independence) in the
training of qualified personnel is also relevant. After all,
the number of educational institutions granted
academic freedom (financial independence) in our
country is increasing year by year.
Although, as defined in Article 76 of the Civil Code,
educational institutions with the status of an
institution are organizations created by the owner to
carry out management, socio-cultural tasks or other
non-commercial tasks, it cannot be denied that they
are also actively involved in relations related to
entrepreneurial activity. In other words, even if
educational services are provided by non-profit
organizations, their paid educational services are the
subject of a fee-for-service contract. This means that
the subjective composition of paid service providers -
executors includes educational institutions in the
system of the Ministry of Internal Affairs.
The Decree of the President of the Republic of
Uzbekistan dated December 24, 2021 No. PP-61 "On
measures to grant financial independence to state
higher educational institutions"[8] gave a significant
impetus to the participation of educational
institutions, including educational institutions in the
system of the Ministry of Internal Affairs, in civil-legal
relations. In other words, this legal document became
the legal basis for changing the organizational and
legal forms of educational institutions, that is, the
beginning of reforms related to the formation of
modern educational institutions in accordance with the
requirements of the market economy. According to
this decision, starting from January 1, 2022, 35
universities in Uzbekistan will operate on the basis of
academic independence. It should be noted that the
new norm, which was included in part 2 of Article 51 of
the new version of the Constitution of the Republic of
Uzbekistan, adopted by universal voting at the
referendum of the Republic of Uzbekistan held on April
30, 2023, "Higher educational organizations have the
right to academic freedom, self-government, freedom
of research and teaching in accordance with the
law,"[9] caused a revolutionary change in the activities
of educational institutions.
As a result of academic independence, higher
educational
institutions
(hereinafter
-
HEIs)
independently solve a number of important tasks, such
as determining curricula, programs, qualification
requirements, educational form, study duration,
additional admission to the doctoral program with a
grant at their own expense, introducing distance,
distance and evening education for master's programs,
creating and publishing textbooks and other
educational and scientific literature based on their own
griff, internal control of the quality of education,
attracting the cost of the contract, local and foreign
professors
Volume 04 Issue 07-2024
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International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
07
P
AGES
:
18-23
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The rapid entry into the education market of
Uzbekistan of not only private, but also foreign and
international educational institutions with paid
educational services created competition in the
education market and ultimately served the
modernization of state educational institutions. These
processes were also implemented in the activities of
educational institutions of the Ministry of Internal
Affairs. In particular, in accordance with the Decree of
the President of the Republic of Uzbekistan dated
August 16, 2017 No. PP-3216 "On measures to radically
improve the system of training, retraining and
advanced training of employees of internal affairs
bodies," starting from the 2018/2019 academic year,
the form of external education was introduced, and
training was organized on a paid-contract basis. Also,
by the Decree of the President of the Republic of
Uzbekistan dated August 18, 2023 No. PP-282
amendments and additions were made to the above-
mentioned Decree No. PP-3216, which provided for the
Academy to accept up to 700 people with an annual
quota of admission to the full-time form of education,
as well as an additional 200 people on a paid contract
basis.[10]
In our opinion, it is becoming a requirement of the time
to ensure the right of state educational institutions,
including the educational institutions of the Ministry of
Internal Affairs, to academic freedom, self-
government, the right to freedom of research and
teaching, the freedom to independently implement
the main directions of their activities, the right to be
independent in making decisions on the procedure and
conditions of education. The competitive environment
in the education market of our country requires the
independent functioning of educational institutions,
inappropriate interference of higher organizations and
their officials in the activities of educational
institutions, the need to drastically reduce the cases of
issuing instructions to educational institutions on
conditions
and
requirements
for
conducting
education. In short, today's processes show the need
to drastically change the form of management
inherited from the former Soviet system in relation to
educational institutions.
CONCLUSION
In conclusion, it can be said that in civil law,
determining the legal signs of educational institutions
that are a non-profit organization in the system of the
Ministry of Internal Affairs as a legal entity is important
in entering into civil legal relations, being recognized as
a subject of civil law, concluding agreements with
individuals and legal entities on the provision of paid
educational services, resolving civil disputes with other
subjects in court and participating in the court as
plaintiffs and defendants, and in the legal management
of their assigned property. The existence of different
educational institutions in the system of the Ministry of
Internal Affairs and the specificity of their
organizational and legal form require a separate study
of their legal characteristics as a legal entity.
REFERENCES
1.
Конституция (Основной закон) Республики
Узбекистан
(Принята
19.04.1978
г.
на
внеочередной шестой сессии ВС РУз девятого
созыва)
//
URL:
https://nrm.uz/contentf?doc=391018_конституция
_ (основной_закон) _республики_uzbekistan_
(принята_19_04_1978_г_на_вновьнеочередной_
шестой_сессии_вс_руз_девятого_созыва)
2.
URL:https:https://lex.uz/acts/16188
3.
Grechko M.V. Educational institution as a subject of
property: economic and legal aspect // National
interests: priorities and security. 2011. No. 3. -
Б. 27.
URL:
https://cyberleninka.ru/article/n/obrazovatelnoe-
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Publisher:
Oscar Publishing Services
Servi
uchrezhdenie-kak-subekt-sobstvennosti-
ekonomiko-pravovoy-aspekt
(accessed
11.09.2023).
4.
Федорьяшенко А.С. О дихотомии юридических
лиц на коммерческие и некоммерческие //
Современные проблемы науки и образования.
Выпуск журнала No1 (часть 1) за 2015 год. URL:
https://s.science-education.ru/pdf/2015/1/691.pdf
(accessed: 5.10.2023).
5.
Civil Code of the Republic of Uzbekistan.
[Electronic
source]
/
https://lex.uz/docs/111189#151286
6.
Попов
А.А.
Учреждение
как
субъект
гражданского права: Автореф. дис.... канд.
юрид. наук: 12.00.03 Краснодар, 2005. 187
-
С. 3.
7.
See, for example, paragraph 4 of the Charter of the
"Academy of the Ministry of Internal Affairs of the
Republic of Uzbekistan," approved by the order of
the Minister of Internal Affairs of the Republic of
Uzbekistan dated March 25, 2022 No. 94:
"According to its status, the Academy is included in
the system of the Ministry of Internal Affairs of the
Republic of Uzbekistan." Accordingly, other
educational institutions are also structures in the
ministry system.
8.
Decree of the President of the Republic of
Uzbekistan dated December 24, 2021 No. PP-61 "On
measures to provide financial independence to
state higher educational institutions" // URL:
https://lex.uz/docs/5793251
9.
Constitution of the Republic of Uzbekistan. [Text]
Official release. - Toshkent: "O'zbekiston"
nashriyoti, 2022. -
С. 80.
10.
ПРИЛОЖЕНИЕ
No
2
к
постановлению
Президента Республики Узбекистан от 18 августа
2023 года No ПП
-
282 "О внедрении системы
подготовки, переподготовки и повышения
квалификации кадров органов внутренних дел
(полиции) зарубежных государств в Академии
Министерства внутренних дел Республики
Узбекистан"
//
URL:
https://lex.uz/docs/6577432?ONDATE=22.08.2023%
2000#6582516
