Legislative regulation of online and remote learning in higher education institutions

Abstract

Online education is a significant part of the educational process in Ukraine, particularly with the onset of the COVID-19 pandemic and, in 2022, a full-scale war, which determines the relevance of research on the regulatory framework to ensure the quality, accessibility and inclusiveness of distance education. The study aims to address and evaluate the legislative regulation of distance learning in higher education institutions. The study analysed regulatory documents and statistical data from education authorities in Ukraine. The study determined that the existing legislation does not fully meet the requirements of the 21st century and needs to be updated and integrated with new provisions that consider the specifics of digital education. The study established that the existing legal norms do not guarantee equal access to educational resources for all students, especially in the context of distance learning. This underscores the need for legislative changes to ensure that all students have equal access to the necessary materials and technology, regardless of their socio-economic status or place of residence. For instance, the Law of Ukraine No. 2145-VIII “On Education” does not contain sufficiently clear provisions that would oblige educational institutions to provide technical support for distance learning. The analysis of the Law of Ukraine No. 2145-VIII “On Education” shows that the regulatory framework does not include quality standards adapted to distance learning. The results of the study highlight the need to develop comprehensive legislation that would cover all aspects of distance and online learning. This includes harmonisation of national regulations with international standards, introducing flexible quality control mechanisms, and supporting equal access to educational technologies. For instance, the experience of Germany, with its regional laws that detail general federal requirements, can serve as an example for the development of such regulations in Ukraine. The practical significance of the study is to develop recommendations for improving the legislative framework for online and distance learning in higher education institutions