Journal article Open Access

Features of the Contract on the Provision of Educational Services

N.M. Zilnyk

The article deals with the contractual regulation of the provision of educational services. It is emphasized that the most popular form of educational provision is contract. It is stated that the current legislation of Ukraine does not define the concept of a contract for the provision of educational services, and this, accordingly, creates many difficulties in the practical activity of higher education institutions. Based on the analysis of the views of scientists, the concept of a contract for the provision of educational services is defined. The legal characterization of the contract on the provision of educational services is completed and its features are clarified. Emphasis is placed on the fact that the contract for the provision of educational services belongs to public contracts and contracts of accession, so the contractor is obliged to conclude the contract if he is able to provide such educational service, and the customer joins the proposed terms of the contract as a whole. It is justified that the peculiarity of the contract on the provision of educational services, unlike the provision of other services, is the inability to guarantee the performer the achievement of a high result of his activity, since he (the result) depends not only on the performer, but on the student, on his ability, attention, diligence, diligence. The legal status of the contractor and the customer of the educational services contract is analyzed. It is noted that the conclusion of the contract on the provision of educational services, as a rule, is preceded by a number of legal facts, in particular they include: competition (selection of entrants); signing a contract; issuance of an order for enrollment of a student for study. The essential terms of the contract on the provision of educational services are covered, in particular the concept of educational service that is the subject of the contract is revealed. It is emphasized that, along with the subject of the contract on the provision of educational services, their quality is of great importance. It is concluded that the enshrining of the essential terms of a contract for the provision of educational services in a subordinate legal act, and not in the law is incorrect, and therefore they should be enshrined in the law, given its importance for a wide range of persons.

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