Peculiarities of the legal regulation of relations on the provision of educational services under quarantine restrictions

Abstract

This publication is dedicated to the study of problematic aspects of the legal regulation of education service provision with the use of information and communication technologies and modern digital education platforms in the context of quarantine restrictions and the development of e-education in Ukraine. Based on the analysis of the current legislation governing the relations with the provision of educational services the tendencies in the normative framework for the organization of the educational process in the conventional mode of mandatory compliance with all public policy requirements were identified, in a mixed (combined) form and with the use of distance learning technologies during the period of self-isolation and quarantine due to the spread of the COVID 19 coronavirus disease.
 The meaning of the legal regulation of relations in the field of educational services provision is seen through the prism of doctrinal understanding of legal regulation as the effect of the rules of law on the subjects of these legal relations, aimed at ensuring the process of providing educational services in the established order.
 It has been concluded that the widespread use of distance learning over the past two years has been approved at the level of secondary legislation and regulations, an analysis of their contents allowed us to identify positive and negative trends in the regulatory process (absence of certain terminological constructions on the scale of "mixed (combined) form of educational process organization", "online educational service", etc.) and to identify the characteristics of online educational services. The main impact on the legal regulation of the education sector has been shown to be the digital transformation caused by the COVID-19 pandemic. Lowdowns and quarantine restrictions have only become catalysts for the inevitable digitalization of education service provision. It has been found that digitalization of educational services is a global trend and that digital development is a prerequisite for the successful realization of each person's potential. As a consequence, it is believed that the regulation of online educational services, the establishment of requirements for digital competences for various occupational groups can solve a number of problems of an applied nature. In summary, the main vector of implementation of the legislation governing the provision of educational services under conditions of compulsory distance learning must remain the respect for people's rights. The solution of this problem is seen to be based on a balance between the interests of individuals and society, in line with the Ukrainians' request for adherence to the fundamental principles of civil society and implementation of the European experience of the regulation of private legal relations.