Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.39 N° 70
2021
Recibido el 14/05/2021 Aceptado el 26/08/2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
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OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
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Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
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Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 39, Nº 70 (2021), 211-221
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Status and directions of perspective
of the development of legal education:
analysis of international experience
DOI: https://doi.org/10.46398/cuestpol.3970.13
Svitlana Hryhorivna Serohina *
Serhii Boldyriev **
Tatyana Steshenko ***
Svitlana Fomina ****
Abstract
The current situation of legal education is analyzed. In the
modern world, quality legal education is a key component in
ensuring the proper functioning of the entire legal system. Legal
science began to appear fragmented and improved in ancient
times. This is particularly true for Ancient Greece and later
Ancient Rome, where legal doctrine and its practical application
began to gain importance in society. Today, the eld of law is closely
related to the branches of public management and administration, as well
as to the political sphere. Considering legal education in a broad historical
context, researchers highlight its importance for everyday relationships
between subjects of social relations. Thanks to the eld of systematized
knowledge about the essence, content, and characteristics of the law (i.e.,
jurisprudence), representatives of a society can obtain more information
about the rules and mechanisms by which the relationship between them
is arranged. It is concluded that legaleducation contributes to detailing the
knowledge about the socio-political and social phenomena that surround
us and provides this knowledge to citizens who need it.
Keywords: legal education; legal doctrines; jurisprudence; quality
education; scientic basis.
* Doctor of Jurisprudence, Professor, Director of Scientic Research Institute of State Building and Local
Government of National Academy of Law Sciences of Ukraine; Head of the State Building Department,
Yaroslav Mudryi National Law University. ORCID ID: https://orcid.org/0000-0002-0107-834X.
Email: ndi_db_ms@ukr.net
** PhD, Assistant Professor, Assistant Professor at State Building Department, Yaroslav Mudryi National Law
University. ORCID ID: https://orcid.org/0000-0003-3280-8453. Email: boldirev344@gmail.com
*** PhD, Assistant Professor, Assistant Professor at State Building Department, Yaroslav Mudryi National Law
University. ORCID ID: https://orcid.org/0000-0002-2002-454X. Email: t.v.steshenko@nlu.edu.ua
**** Candidate of Law, Assistant Professor, Assistant Professor at State Building Department,
Yaroslav Mudryi National Law University. ORCID ID: https://orcid.org/0000-0001-7517-3393.
E-mail: sv.v.fomina@nlu.edu.ua
212
Svitlana Hryhorivna Serohina, Serhii Boldyriev, Tatyana Steshenko y Svitlana Fomina
Status and directions of perspective of the development of legal education: analysis of
international experience
Situación y direcciones de perspectiva del desarrollo
de la educación jurídica: análisis de la experiencia
internacional
Resumen
Se analiza la situación actual de la educación jurídica. En el mundo
moderno, la educación jurídica de calidad es un componente clave para
garantizar el funcionamiento adecuado de todo el sistema jurídico. La ciencia
jurídica comenzó a aparecer fragmentada y mejorada en la antigüedad.
Esto es particularmente cierto para la Antigua Grecia y más tarde la
Antigua Roma, donde la doctrina legal y su aplicación práctica comenzaron
a ganar importancia en la sociedad. Hoy en día, el campo del derecho está
estrechamente relacionado con las ramas de la gestión y administración
públicas, así como con el ámbito político. Considerando la educación
jurídica en un contexto histórico amplio, los investigadores destacan su
importancia para las relaciones cotidianas entre los sujetos de las relaciones
sociales. Gracias al campo del conocimiento sistematizado sobre la esencia,
el contenido y las características del derecho (es decir, la jurisprudencia),
los representantes de una sociedad tienen la oportunidad de obtener más
información sobre las reglas y mecanismos mediante los cuales se arregla
la relación entre ellos. Se concluye que, la educación jurídica contribuye a
detallar el conocimiento sobre los fenómenos sociopolíticos y sociales que
nos rodean y brinda este conocimiento a los ciudadanos que lo necesitan.
Palabras clave: educación jurídica; doctrinas jurídicas; jurisprudencia;
educación de calidad; fundamento cientíco.
Introduction
Today it is impossible to imagine the normal development and functioning
of the state and its individual structural elements without a systematic and
high-quality improvement of the labor resources of this country. The issues
of improving the quality of personnel is becoming especially important not
only for Ukraine, but also for every modern democratic state (Shvets, 2018).
In the context of considering the social importance of legal education,
as well as assessing its impact on the development of various spheres of
public life, it is necessary to analyze not only the current situation in this
area in Ukraine, but also to study the situation in developed countries.
Such an analysis will be much deeper and more useful for society, because
considering the problems and issues that form the basis of the subject
of this article, it is necessary to take into account examples of historical
experience. First of all, it concerns the opportunity to better understand all
the features of the current state of legal education both in Ukraine and in
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CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 211-221
the world by studying their historical background. For example, one of the
top priorities for modern researchers is to understand why the legal eld is
so closely linked to governance, coercive mechanisms, and other elements
of power..
Legal education cannot be covered only by the information sphere. It
should promote the formation of a high level of legal awareness and legal
culture of citizens, education of strict compliance with current legislation,
lawful conduct of the individual and the acquisition of knowledge and skills
to navigate in the legal space. That is why the Ukrainian state needs to
carry out a reform in the eld of education, one of the directions of which
should be a careful study of the basics of law by all subjects, not just those
who study. Legal education should be carried out in theoretical, practical,
preventive, informational, scientic, educational and consulting areas. It is
important to create a continuous system of legal education, starting with
preschool educational institutions, followed by continuation in secondary,
higher and other educational institutions (Makarova, 2010).
It is important to remember that, according to many experts, the quality
of legal education and the level of eectiveness of its practical application
depend on a number of reasons and factors. In particular, the quality of
jurisprudence depends on the overall level of quality of educational services
in a given country. Jurisprudence can be inuenced by the political situation
in the country, the corruption factor, as well as certain problems related to
the functioning of various power-bureaucratic mechanisms within the state
system.
It should be noted that many specialists paid attention to the modern
state of legal education in dierent states (including Ukraine). Also, many
of them not only studied the problems of the current state of jurisprudence,
but also suggested possible prospects for its development.
The purpose of the article is to determine the characteristics of the
current state of legal education in Ukraine and in the world, as well as to
focus on the most eective methods and means of further development of
jurisprudence. Examples are the successful development of legal education
and science in developed and democratic countries.
1. Methods and materials
During the study, the authors used a system of methods of scientic
knowledge, namely general scientic (analysis, synthesis), private methods
of scientic knowledge used in many sciences (comparative analysis), as
well as special legal methods (historical and legal, formal and legal).
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Svitlana Hryhorivna Serohina, Serhii Boldyriev, Tatyana Steshenko y Svitlana Fomina
Status and directions of perspective of the development of legal education: analysis of
international experience
The authors applied the philosophical (universal) method of cognition
at all stages of the cognitive process, which allowed to emphasize the
importance of legal science for modern society. This fact is generally
accepted, because every day people enter into legal relations with each
other, most of which require legal knowledge. This is also further conrmed
by the use of historical and legal method, which showed that legal education
has ancient roots, as it was known since ancient times (Ancient Greece).
The general provisions of introduction and use of legal knowledge in
public legal relations are investigated with the help of methods of analysis
and synthesis, the political course of the state on the development of legal
branch of knowledge is studied.
Formal-legal method has become indispensable in interpreting the
content of basic concepts, their basic characteristics, as well as in the
interpretation of legal norms governing legal education.
The system method revealed the general properties, connections and
patterns that arise when using legal knowledge acquired during training
in the eld (eld of knowledge) «Law» (in the general sense, this is legal
education). In addition to identifying the problems faced by states in the
development of legal education in connection with the development of
public relations, the comparative legal method has helped to trace the
current state of the legislation on the regulation of legal education. A
logical addition was the application of the method of generalization and
logical-legal method, which highlighted the main problems and vectors
of legal education in Ukraine, as well as formulated proposals for further
improvement of legal education (reected in the conclusion).
2. Results and discussion
Studying the content, nature and characteristics of the current state of
legal education in Ukraine, researchers have largely agreed that domestic
jurisprudence suers from a number of factors that stop and complicate its
development and eective functioning among the subjects of society.
First, it should be noted that many of the researchers, both domestic and
foreign, studying the peculiarities of the functioning of legal education in
Ukraine, argued that the above factors that have a negative impact on legal
education can be divided into two groups (Meyer, 2020). The basis of one
group is made up of factors inherent in legal education and science as such,
and the second group consists of a number of negative features that are
inherent not so much in the domestic jurisprudence itself as in the entire
educational industry of Ukraine in general.
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To the second group, some researchers tend to add features that are
more characteristic of the state system of Ukraine and Ukrainian society as
a whole. For example, detailing the above, we note that the reasons specic
to the second group are usually recognized by scientists from various elds
as the main national problems of Ukraine. These include, in particular,
corruption as one of the main deterrents that harm every sector of domestic
society (UNESCO, 2019).
Given that corruption is an existing (even acute) problem for all,
without exception, elements of public life, it is also present in the provision
of educational services, including in the eld of law. It is claimed that
obtaining legal education in higher educational institutions of Ukraine
poses high risks of meeting with corruption schemes and requirements.
Problems that are somehow related to corruption for almost thirty years
since the proclamation of the independence of Ukraine, have not found a
successful solution, i.e. have not been eliminated.
Scholars rightly point out that one of the most important reasons that
the domestic society, including the legal sector, suers from corruption, is
the long stay under the rule of authoritarian, despotic regimes (Pivovarov,
2019).
With a few exceptions, Ukraine was not under democratic rule until 1991.
Instead, the despotic rule of Russian tsarism and the 70 totalitarian years
of Soviet rule played a key role in Ukraine’s current unsatisfactory state of
legal and other education. In general, it is believed that it was during the
Soviet era that legal education in Ukraine was nally brought to a state in
which it had remained almost unchanged until recently. Only in the last few
years in the domestic sphere of jurisprudence and law enforcement have
begun to take steps aimed at a real departure from the Soviet past and the
transformation of legal education into a tool for ensuring and protecting
the democratic values of man and citizen.
Some scholars rightly point out that despite the adoption in the rst
years of independence, de jure democratic slogans and their transformation
into the content of ocial documents, their practical implementation was
much more dicult or impossible (Hess and Hunter, 2018.). It is worth
noting the rather democratic and human-centered Constitution of Ukraine,
which in its formal content and description is recognized as one of the
most democratic constitutions in the world. However, according to the
observations of numerous researchers, many provisions and principles
enshrined in the domestic constitution, in reality, are either not provided
or are not fully implemented (Lindgren, 1999).
With regard to legal education, it can be argued that until recently its
declared focus on the protection of fundamental rights, freedoms and
legitimate interests of man and citizen was purely formal. In fact, based on
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Svitlana Hryhorivna Serohina, Serhii Boldyriev, Tatyana Steshenko y Svitlana Fomina
Status and directions of perspective of the development of legal education: analysis of
international experience
numerous reliable facts, we state that in the eld of domestic jurisprudence,
in particular in specialized schools, the legacy of the Soviet era prevailed.
Namely, it is a question of the fact that as a result of long-term authoritarian
rule in the past, in educational institutions, in particular among the teaching
sta of educational institutions, unspoken principles and rules were formed
that protected the legacy of the totalitarian corruption system (Bowman III,
2017).
One of the factors of such a corruption system is the long-term presence
in positions (including leading) of persons who were appointed to these
positions during the existence of the Soviet Union or in the rst years of
the independence of Ukraine. This state of aairs is currently quite typical
for the post-Soviet countries, especially Russia, Belarus, Ukraine and some
Central Asian countries. For example, until recently, it was not uncommon
for these countries to hold long-term positions as university rectors and
heads of individual educational units. In practice, this was a circumstance
that was very detrimental to the development of the educational institution.
After all, if a person who grew up during the domination of a corrupt,
authoritarian regime in the state, got to power, in most cases he prefers to get
the maximum benet from his position, acting in his own favor, rather than
in favor of its accountable structure (Bilionis, 2019). In other words, when
the rector of a university, including a legal higher educational institution,
has held his post for more than ten years, there is astrong possibility that he
will create a group (a certain team) of persons whose actions will be subject
to violation of articles of the current legislation of Ukraine.
On many real examples, researchers of such processes have established
that the result of the above conditions is, rst of all, the absence of positive
development of the university and, on the contrary, its gradual and
sometimes rapid degradation. The absence of changes in the management
sta of the institution of legal education is recognized as an extremely
negative phenomenon due to the fact that there is a real risk of orientation
of the sta of the educational institution not towards achieving high-quality
results in their direct activities, but towards their loyalty and even devotion
to the management of the educational institution. Also, corruption under
such conditions is consistently high, and the presence of the same persons
in the leadership of an educational institution allows numerous employees
of this institution to abuse their positions, demonstrating their loyalty to
the leadership (Gary, 2017).
This problem is one of the main dangers for the development of legal
education in Ukraine. It will be fair to note that although over the past few
years in the domestic educational system, including the legal one, certain
changes and reforms related to the introduction of Western models of the
functioning of education have been carried out, they mostly were «cosmetic».
In fact, qualitative changes and reforms have not yet been carried out, and
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their proper implementation is a direct way to a powerful improvement of
the legal education system in Ukraine and its greater interaction with the
educational systems of developed and democratic countries in Western
Europe and North America. That is, the nal overcoming of the corrupt and
low-eective «legacy» that was left by the Soviet domination, this is the
fundamental direction in the development of the Ukrainian legal education
system in modern realities (Wald, 2018).
As for other areas (methods and tools) of improvement and development
of legal education in Ukraine, it is emphasized that it is important to
introduce into the domestic, educational legal system programs and
measures that will be able to really improve the state of this system. First
of all, it is about the tools and methods of training that are currently
used in developed countries. The term «developed» refers to states that
are successful, among others, in matters related in one way or another to
jurisprudence and law enforcement.
Many authoritative researchers have substantiated and proved that the
concept of «law» has much more in common with the concept of «democracy»
than it seems at rst glance. They state that without the existence of a real
democratic system within a state, the real rule of law cannot be ensured
(Areen, 2017). And vice versa, after the successful establishment and
further development of a liberal-democratic regime in a certain state, which
will subsequently establish an independent and impartial judicial system
and other legal institutions, these legal mechanisms will protect democracy
in the state.
In a broader sense, we have observed and continue to observe how
democratic state-legal mechanisms in some European countries, as well as
in the United States (especially during the presidency of Donald Trump),
reliably protect the state, its democracy, social and political-legal order
from the encroachments of populist politicians who, although they came
to power in a democratic way, are trying to undermine the existing rules
and regulations (Deborah, 2015). At the same time, it can be argued that
all claims that the rule of law can exist and function freely in states with
authoritarian political regimes are complete ction. After all, in the absence
of opportunities to bring to justice the governing bodies of the state, the
legal system will not be fair.
Authoritarian regimes often tend to falsify the very terms «rule of law»,
«law and order» and «state of law». For them, the proper rule of law is
the complete submission of all subjects of society to their own dictates
(Finkelstein, 2015). However, the vast majority of scholars argue that this
perception of law is wrong and «tarnished». According to their views, the
main task of law and, accordingly, legal education, is reliable protection and
proper provision of the rights, freedoms and legitimate interests of each
subject of public legal relations without exception. In this context, we detail
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Svitlana Hryhorivna Serohina, Serhii Boldyriev, Tatyana Steshenko y Svitlana Fomina
Status and directions of perspective of the development of legal education: analysis of
international experience
that in the modern world, every legal doctrine in a developed and democratic
country, or in states that prefer to approach this status, must contain some
clarication of the high and crucial importance of democracy and the true
rule of law for security and welfare of the state, its citizens, power and legal
mechanisms, state institutions, etc. However, as emphasized above, legal
doctrines must not only point to the obvious superiority of democratic and
legal values, but also reveal exactly how these benets can be achieved.
Thus, modern scientic and educational works and publications in the
eld of law should be based largely not only on the theoretical validity of
the above values and positions, but they should also oer specic ways to
qualitatively solve a problem in domestic or international law (Pistone,
2015). For our part, we believe that concrete ways to increase the eciency
of the domestic legal system, and along with these «engines» of its
development, will be a few things that must be done well, but as soon as
possible, without undue delay. First, we are convinced that the so-called
«legacy» of the former times of authoritarian and totalitarian rule must
be nally overcome in Ukraine. After all, without full fulllment of this
condition, the further path towards the development of domestic legal
education, together with the development of the entire legal eld as a whole,
will be greatly complicated, or impossible at all.
Under the so-called «legacy» of the past, we tend to understand
corruption as the greatest threat not only to the legal sector, but also to
society as a whole. Also a signicant and completely undesirable risk is
the return of the political regime back to authoritarianism (especially to a
one-man dictatorship) (Minow, 2016). Of course, since 2014, Ukraine has
taken many positive and correct steps towards ensuring within the state
the basic principles of democracy, the rule of law and the responsibility
of state and local leadership to citizens, i.e. their accountability to society.
However, according to the ratings of independent Western agencies, there
are still high risks in Ukraine of losing some democratic enrichment due
to the protracted economic crisis and apparent political instability. Due to
these factors, the work on the development of legal education is extremely
dicult, but it can be carried out qualitatively, and therefore must be
carried out as one of the integral elements of the general reform of the state
in a liberal-democratic, legal direction.
In addition, attention should be focused on the need to introduce into
the curriculum for future domestic lawyers techniques and practices that
are successfully taught legal knowledge in the developed countries of the
West. One of the most useful of these programs, we dene the methodology
for solving the so-called «cases» by students, that is, tasks that are similar
to real situations in the eld of practical application of law (Sunstein, 2015).
Given the above, we argue that despite some problems and issues related
to the combination of foreign curricula with domestic specics, they should
be introduced into the legal education of Ukraine.
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CUESTIONES POLÍTICAS
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Conclusions
Legal education in Ukraine, despite its relative successes in certain areas,
as well as the presence of truly professional specialists in its ranks, is only at
the beginning of its movement to eradicate the ineective legacy of the past
and to achieve true rule of law. In particular, we emphasize that relieving
the domestic, legal education system from the burdens of past and present
problems that it currently faces is a priority. It should be noted that such
issues include corruption as a major factor that is an obstacle to the quality
development of the domestic sphere of law, including its educational and
scientic element.
The importance of overcoming corruption and other negative
manifestations precisely in educational institutions (mainly universities
and academies) is also argued by the fact that the vast majority of domestic
lawyers, in aggregate, carry out the lion’s share of all research and
scientic publications related to jurisprudence, work in higher educational
institutions of legal prole, or at separate law faculties of public and
private universities. This fact explains well that the elimination, or at
least a signicant reduction in the level of corruption in legal schools, can
directly aect the entire eld of law in Ukraine, radically changing the rules
and principles of its operation and making it much more productive and
coordinated. It is added that active cooperation with Ukraine’s partners
and allies will not be superuous for this purpose.
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Esta revista fue editada en formato digital y publicada
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Vol.39 Nº Especial
