PLURALISM UNDERSTANDING THE LEGAL NATURE OF EDUCATIONAL LAW

Abstract

The paper focuses on the legal nature of educational law. At the current stage, educational law is the most actively developing branch of legislation, which causes new challenges for legal science and practice. In response to these challenges, educational law is being formed, which requires legal analysis both from the standpoint of theory and from a practical point of view. A single approach to understanding the legal nature of educational law has not been formed in domestic legal literature, and therefore there is a need to investigate. The paper emphasizes that the transformation of views on the relative nature of edu-cational law has come a long way from complete rejection of educational law, when it was considered only a sub-branch of administrative law to attempts to justify educational law as an independent branch of law. It is carried out analysis of different approaches for determining the legal nature of educational law, namely: as a sub-branch of administrative law, as a complex branch of law, as a legal array, as an independent area of research, as a discipline, as a special part of infor-mation law. The author pays special attention to highlighting the strengths and weaknesses of rep-resentatives of various fields in justifying the status of educational law. Attention is drawn to the fact that none of the supporters of the separation of educational law as an independent branch of law has proved and shown why the issue of legal regulation of educational rela-tions should be considered outside of administrative law. It is emphasized the need to include in the curriculum a separate course "Educational Law" in the pedagogical sector of education and postgraduate studies. This is not about the formation of a unified approach to the teaching of discipline "Educational Law". The subject and system of the discipline should be determined by the target audience, as well as current trends in education.