Risk-oriented approach in state control (supervision) in the field of education

Abstract

The article analyzes the changes in legal regulation and the implementation of state control (supervision) in the field of education, associated with the transition to the use of a risk-oriented approach. Based on the fact that control and supervision activities are carried out, among other things, through the prevention of violations, the authors believe that assessment of factors and conditions that create a risk of violations of mandatory requirements should be carried out within preventive measures too. The Law on Education integrates accreditation monitoring into the system of state control (supervision) in the field of education. Based on this feature of the state regulation of educational activities, the authors note the potential for application of a risk-oriented approach in the field of education and come to the conclusion that not only the content of the mandatory requirement should be aimed at eliminating the risk of harm to legally protected values, but the risk-oriented approach should also be used in identification of monitoring indicators and requirements addressed to educational organizations in order to ensure monitoring of the education system. As an separate problem the authors indicate the proportionality of measures applied to controlled persons on the basis of the risks of harm to protected values in the field of education. The article also draws attention to the fact that the content of the mandatory requirement should be aimed at eliminating the risk of harm to legally protected values. In this regard the importance of an expert assessment of mandatory requirements in the field of education is noted.