Volume 04 Issue 12-2024
73
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
73-78
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In this article, documents are presented mainly within the framework of legal frameworks and normative legal
documents that regulate the activities of higher education organizations. The cited normative legal documents and
other legal frameworks for regulating some activities of higher education organizations were analyzed.
KEYWORDS
Universities, academies, institutes, higher schools, bachelor's and master's degrees, contract, distance education,
non-state educational services, legal capacity, legal entity, contract for the provision of paid educational services, civil-
legal status.
INTRODUCTION
Within the scope of this article, one of the main
regulatory legal documents is, of course, the Civil Code
of the Republic of Uzbekistan. The Civil Code regulates
issues such as the organization, reorganization, and
liquidation of higher education institutions, the legal
nature of contracts for the provision of services for a
fee concluded between higher education institutions
and their applicants, and the legal capacity of higher
education institutions.
The next regulatory document to be considered based
on the legislative hierarchy is the Law "On Education".
This document, which consists of 75 articles and
adopted by the Legislative Chamber on May 19, 2020
and approved by the Senate on August 7, 2020,
regulates relations in the field of education.
The first chapter, which contains general provisions,
mainly covers the purpose of this law, basic concepts,
basic principles in the field of education, and the right
to education.
“The recognition o
f the primacy of education, freedom
to choose the form of education, non-discrimination in
Research Article
LEGAL BASIS REGULATING THE ACTIVITY OF HIGHER EDUCATION
ORGANIZATIONS
Submission Date:
December 20, 2024,
Accepted Date:
December 25, 2024,
Published Date:
December 30, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue12-13
Raimov Elbek Bahadirovich
Senior lecturer of the Department of "Legal Sciences" of the National University of Uzbekistan named after
Mirzo Ulug'bek, 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 12-2024
74
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
73-78
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
the field of education, ensuring equal opportunities for
education, the inculcation of national and universal
values in education and upbringing, the humanistic and
democratic nature of education and upbringing, the
continuity and consistency of education, the
compulsory eleven-year education and one-year
preparation of children from six to seven years of age
for general secondary education, the openness of
education to everyone within the framework of state
educational
standards
and
state
educational
requirements, the unity and differentiation of the
approach to the choice of curricula, education
throughout a person’s life, the guarantee of social
protection of teachers in society, the secular nature of
the education system, the encouragement of
knowledge, abilities and talents, the harmony of state
and public administration in the education system,
openness and transparency in the field of educational
activities are the main principles in the field of
education.” [1]
Article 11 of the Law “On Education” covers higher
education and provides general information about it.
According to it, the purpose of higher education is to
train highly qualified personnel in bachelor's and
master's specialties. Higher education activities are
carried out in higher education institutions. These are
universities, academies, institutes, and higher schools.
Although the right to higher education is considered
universal, before achieving this right, the applicant
must have completed one of the following forms of
education:
• general secondary (eleven
-year education);
• secondary specialized (nine
-year basic secondary and
two-year secondary specialized education);
• primary vocational educati
on (nine-year basic
secondary
and
two-year
primary
vocational
education);
• secondary specialized, vocational education (nine
-
year general secondary and three-year secondary
specialized, vocational education) until the entry into
force of this Law.
“Higher
education has two stages - bachelor's and
master's stages. A bachelor's degree is a basic higher
education that provides in-depth knowledge,
qualifications and skills in one of the areas of higher
education, with a duration of at least three years of
study. A master's degree is a higher education that
provides in-depth knowledge, qualifications and skills
in one of the areas of higher education, with a duration
of at least one year of study in a specific specialty based
on the relevant bachelor's degree. The list of master's
degrees and corresponding bachelor's degree areas of
education is determined by the authorized state div
in the field of education. Citizens have the right to
receive a second and subsequent higher education on
a contractual basis.” [2
]
Article 11 of the Law “On Education” covers higher
education and provides general information about it.
According to it, the purpose of higher education is to
train highly qualified personnel in bachelor's degree
areas and master's degree areas. Higher education
activities are carried out in higher education
institutions. They are universities, academies,
institutes, and higher schools.
Although the right to higher education is considered
universal, before obtaining this right, the applicant
must have completed one of the following forms of
education:
• general secondary (eleven
-year education);
Volume 04 Issue 12-2024
75
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
73-78
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
• secondary specialized (nine
-year basic secondary and
two-year secondary specialized education);
• primary professional education (nine
-year basic
secondary and two-year primary professional
education);
• secondary specialized, vocational education (nine
-
year general secondary and three-year secondary
specialized, vocational education) until the entry into
force of this Law.
“Higher education has two stages
- bachelor's and
master's degrees. A bachelor's degree is a basic higher
education that provides in-depth knowledge,
qualifications and skills in one of the areas of higher
education, with a duration of study of at least three
years. A master's degree is a higher education that has
a duration of study of at least one year in a specific
specialty based on the corresponding bachelor's
degree. The list of master's degrees and the
corresponding
bachelor's
education
areas
is
determined by the authorized state div in the field of
education. Citizens have the right to receive a second
and subsequent higher education on a contractual
basis.” [2]
Forms of higher education include education with
separation from production (full-time) and education
without separation from production (correspondence,
evening, distance learning).
As a result of the coronavirus pandemic, restrictions
were introduced on mass movements in public places
and gatherings of large numbers of people in one place
to prevent the spread of the virus, including the
physical presence of students in higher education
institutions. Based on world experience, distance
learning processes were introduced to ensure the
continuity of educational processes. “Distance
education is aimed at obtaining the necessary
knowledge, qualifications and skills by students in
accordance with curricula and training programs from
a distance using information and communication
technologies and the Internet.” [3]
The organization of distance education is carried out
on the basis of the Resolution of the Cabinet of
Ministers of the Republic of Uzbekistan No. 559 dated
October 3, 2022 “On measures to introduce distance
learning in higher education institutions”. As an
appendix to this decision, the Regulation on the
procedure for organizing distance education in higher
education institutions is provided, "This regulation
determines the procedure for organizing the training
of personnel at the undergraduate and graduate levels
in higher education institutions through the form of
distance education." [4]
In this Regulation, the concept of distance education is
defined as follows. "Distance education is a form of
education aimed at distance learning of knowledge
and skills, aimed at the use of information and
communication technologies by the student and
teacher, to communicate over a certain period of time
through interactive audio and video conferences, to
establish direct and feedback communication by e-
mail, including sending and receiving messages." [5]
To provide higher education services on the basis of
distance learning, a higher education institution must
have:
• software for managing distance learning
- the
“Learning Management System” (hereinafter referred
to as LMS) platform;
• information and communication infrastructure that
provides access to and use of the Internet;
• educational content intended for the academic year;
Volume 04 Issue 12-2024
76
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
73-78
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
•
electronic
educational
and
methodological
complexes
covering
educational
content,
implemented using distance learning technologies in
all subjects of the curriculum and programs, as well as
an electronic database of scientific and educational
literature;
• separate buildings or classrooms equipped with
computer equipment in accordance with sanitary rules,
norms and hygiene standards;
• engineering and technical per
sonnel with
appropriate education and qualifications to ensure the
functioning and development of technical and
software components of distance learning;
• a server device located in the country, the load of
which is designed for the planned number of students,
owned by the educational organization or under a
lease agreement for a period of at least 5 years;
• an official website on which all information ab
out the
educational organization is posted, including the
organization's charter or charter, curriculum and
programs, information about teaching staff, and the
academic calendar.
Distance education is carried out only in the form of a
paid contract. Unlike state educational organizations,
this right to organize distance learning processes in
non-state higher education organizations must be
recorded in a license issued in the established manner.
According to the Resolution of the Cabinet of Ministers
of the Republic of Uzbekistan No. 967 dated 03.12.2019
“On the gradual transition of higher educational
institutions to a self-
financing system”, paragraph 8,
paragraph 8, it is established that from January 1, 2021,
1 percent of the proceeds from the lease of real estate
of higher educational institutions transferred to a self-
financing system will be directed to the state property
rental centers under the territorial divisions of the
State Assets Management Agency of the Republic of
Uzbekistan, and the rest will be directed to the
development fund of this higher educational
institution after deducting the payment made to the
operator of the electronic trading platform.
According to paragraph 9 of this resolution, it is
determined that higher educational institutions
transferred to a self-financing system are state
organizations receiving budget funds with the status
of legal entities, which also indicates the relevance of
studying the civil legal status of higher educational
institutions.
The resolutions “On addit
ional measures to ensure the
academic and organizational and administrative
independence of state higher educational institutions”
and “On measures to provide financial independence
to state higher educational institutions” adopted on
December 24, 2021 were a logical continuation of the
reforms implemented in the higher education system
in recent years.
Paragraph 41 of the New Uzbekistan Development
Strategy for 2022-2026 set the goal of increasing the
share of non-state educational service providers by 8%
in 2026, including 3% in 2022. This is a clear example of
the attention paid by the state to the development of
the private sector of higher education institutions. The
development of the private sector of higher education
institutions, which leads to the introduction of
innovations in this sector, along with the improvement
of
the
quality
of
education,
requires
the
implementation of a higher education system of state
and social importance within the framework of
established standards and guarantees its security. In
this case, there is a need to correctly determine and
properly regulate the civil legal status of higher
education institutions.
Volume 04 Issue 12-2024
77
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
73-78
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The higher education organizations of our country are
forced to engage in business relations, which are
unusual for them, in the conditions of low funding. The
right of an educational institution to carry out
entrepreneurial activities is critically accepted by many
authors. Civil legislation deals with this issue only
indirectly, in this regard, educational legislation is
contradictory, which usually causes significant
difficulties in the application of the law.
As noted above, the main task of higher education
institutions is to carry out educational activities, the
legal form of which seems unclear in theory and
practice (especially from the point of view of the
source of its financing); determining its essence will
allow us to determine the most appropriate regime for
the legal regulation of this activity.
The Constitution of the Republic of Uzbekistan, the
Civil Code, the Law "On Education", the Decree of the
President of the Republic of Uzbekistan dated January
28, 2022 No. PF-60 "On the Development Strategy of
New Uzbekistan for 2022
–
2026", the Decree of the
President of the Republic of Uzbekistan dated October
8, 2019 No. PF-5847 "On approval of the Concept for
the Development of the Higher Education System of
the Republic of Uzbekistan until 2030", the Resolution
No. PP-123 "On measures to accelerate the reform of
state institutions" dated February 8, 2022, the
Resolution No. PP-61 "On measures to provide financial
independence to state higher educational institutions"
dated December 24, 2021, the Resolution of the
President of the Republic of Uzbekistan "On measures
to introduce new principles of management in the
system of higher and secondary specialized education"
dated 2019 Resolutions No. PP-4391 dated July 11, No.
PP-
3855 dated July 14, 2018 “On additional measures to
increase the efficiency of commercialization of the
results of scientific and scientific-techn
ical activities”,
[6] State Program of the President of the Republic of
Uzbekistan No. PF-5635 dated January 17, 2019 on the
implementation of the Strategy of Actions in five
priority areas of development of the Republic of
Uzbekistan in 2017-
2021 in the “
Year of Active
Investments and Social Development”, [7] Decree of
the President of the Republic of Uzbekistan No. PF-
5847 dated October 8, 2019 “On approval of the
Concept for the development of the higher education
system of the Republic of Uzbekistan unt
il 2030” [8]
and Resolution of the Cabinet of Ministers of the
Republic of Uzbekistan No. 967 dated December 3,
2019 “On the gradual transition of higher education
institutions to a system of self-
financing” [9] and this
research work serves to a certain extent the fulfillment
of tasks in the priority areas defined by other legislative
documents related to the field.
REFERENCE
1.
Ўзбекистон
Республикасининг
“Таълим
тў
ғ
рисида”ги
Қ
онуни
, 23.09.2020
йилдаги
ЎР
Қ
-
637-
сон
,
Қ
онун
ҳ
ужжатлари
маълумотлари
миллий
базаси, 03/24/963/0735
-
сон
2.
2.Ўзбекистон
Республикасининг
“Таълим
тў
ғ
рисида”ги
Қ
онуни
, 23.09.2020
йилдаги
ЎР
Қ
-
637-
сон
,
Қ
онун
ҳ
ужжатлари
маълумотлари
миллий
базаси
, 03/24/963/0735-
сон
3.
Ўзбекистон
Республикасининг
“Таълим
тў
ғ
рисида”ги
Қ
онуни
, 23.09.2020
йилдаги ЎР
Қ
-
637-
сон
,
Қ
онун
ҳ
ужжатлари
маълумотлари
миллий
базаси
, 03/24/963/0735-
сон
4.
Ўзбекистон
Республикаси
Вазирлар
Ма
ҳ
камасининг
“Олий
таълим
ташкилотларида
масофавий
таълим
шаклини
жорий
етиш
чора
-
тадбирлари
тў
ғ
рисидаги”
қ
арори
, 03.10.2022
йилдаги
559-
сон,
Қ
онунчилик
маълумотлари
миллий
базаси
, 04.10.2022-
й
., 09/22/559/0884-
сон
5.
Ўзбекистон
Республикаси
Вазирлар
Ма
ҳ
камасининг
“Олий
таълим
ташкилотларида
масофавий
таълим
шаклини
жорий
етиш
чора
-
Volume 04 Issue 12-2024
78
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
73-78
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
тадбирлари
тў
ғ
рисидаги”
қ
арори
, 03.10.2022
йилдаги
559-
сон
,
Қ
онунчилик маълумотлари
миллий базаси, 04.10.2022
-
й., 09/22/559/0884
-
сон
6.
Қ
онун
ҳ
ужжатлари
маълумотлари
миллий
базаси
, 16.07.2018
й
., 07/18/3855/1513-
сон
7.
Қ
онун
ҳ
ужжатлари
маълумотлари
миллий
базаси
, 16.07.2018
й
., 07/18/3855/1513-
сон
8.
Қ
онун
ҳ
ужжатлари маълумотлари миллий
базаси, 16.07.2018 й., 07/18/3855/1513
-
сон
9.
Қ
онун
ҳ
ужжатлари
маълумотлари
миллий
базаси
, 16.07.2018
й
., 07/18/3855/1513-
сон
