Contractual regulation of the provision of educational services by a higher education institution

Abstract

The article is devoted to the study of theoretical and practical aspects of the contractual regulation of relations on the provision of educational services by institution of higher education.
The scientific article revealed the essence of the concept of «teaching», carried out a comparative characterization of the terms «educational process» and «teaching», analyzed the author’s approaches to understanding the concept of «agreement on the provision of educational services».
Based on the analysis of the provisions of the Model Agreement on the provision of paid educational services for the training of specialists, it was concluded that the definition of the subject of this agreement as «the financial obligation of the customer to pay for the educational service» does not correspond to the understanding of the subject of the agreement on the provision of services established in the Civil Code of Ukraine. Special attention is paid to the analysis of the provisions of the standard form of the Study Agreement, which is concluded at the stage of submitting documents to a institution of higher education. It is claimed that the relationship between the institution of higher education and the student should be regulated by the Agreement on the provision of educational services.