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.41 N° 76
Enero
Marzo
2023
Recibido el 12/12/22 Aceptado el 15/01/23
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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Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
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M. C
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P
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Co mi té Edi tor
Eduviges Morales Villalobos
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Ma ría Eu ge nia Soto Hernández
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Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
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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
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Vol. 41, Nº 76 (2023), 336-346
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Legal regulation of public
administration of education and science
DOI: https://doi.org/10.46398/cuestpol.4176.18
Yevheniia Zhukova *
Kostyantyn Bryl **
Larysa Svystun ***
Yevheniiа Kobrusieva ****
Yevhen Leheza *****
Abstract
The object of the research is the peculiarities of public
administration of education and science in foreign countries, in
particular, the experience of three European countries ranked in
the top ten according to the results of the international survey PISA-
2018: Estonia, Finland and Poland. The main content is considered
the experience of building a system of educational management
on democratic basis, in cooperation between government bodies
and society. It is determined that education in the studied countries is one
of the priorities of the state and society. The methodological basis of the
research consists of comparative legal and systemic analysis, formal legal
method, method of interpretation, hermeneutic method and methods of
analysis and synthesis. Similar approaches to administration and nancing
were identied in the conclusions. A trend characteristic of all countries
is claried: the state guarantees free education, including science, and at
the same time ensures equal access to quality education and science. Also,
the optimal mechanisms of economic support of education, science and the
main sources of nancing specic to each country were dened.
Keywords: legal regulation; public administration; education and
science; international comparative experience; legal support.
* Candidate of legal sciences, doctoral student of the Interregional Academy of Personnel Management.
Kyiv. Ukraine. ORCID ID: https://orcid.org/0000-0003-2471-5230
** Doctor of Law, Interregional Academy of Personnel Management, Professor of the Department of
Theory of State and Law and Constitutional Law Educational-Scientic Institute of Law named after
Volodymyr the Great, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0002-2185-8001
*** Assistant professor, Candidate of Law Sciences, Assistant professor at the Department of Public and
Private Law, University of Customs and Finance, Ukraine University of Customs and Finance. ORCID
ID: https://orcid.org/0000-0003-2020-8354
**** Doctor of Science in law, of Juridical Sciences, Associated Professor, Professor of the Administrative
and Criminal Law Department, Faculty of Law, Oles Honchar Dnipro National University, Ukraine.
ORCID ID: https://orcid.org/0000-0002-4225-9657
***** Professor, Doctor of Science in law, Professor at the Department of Public and Private Law, University
of Customs and Finance, Ukraine. ORCID ID: https://orcid.org/0000-0001-9134-8499
337
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 336-346
Regulación legal de la administración pública de
educación y ciencia
Resumen
El objeto de la investigación son las peculiaridades de la administración
pública de la educación y la ciencia en países extranjeros, en particular,
la experiencia de tres países europeos clasicados entre los diez primeros
según los resultados de la encuesta internacional PISA-2018: Estonia,
Finlandia y Polonia. El contenido principal se considera la experiencia de
construir un sistema de gestión educativa sobre bases democráticas, en
cooperación entre los órganos de gobierno y la sociedad. Se determina que
la educación en los países estudiados es una de las prioridades del Estado
y la sociedad. La base metodológica de la investigación consiste en análisis
jurídicos y sistémicos comparativos, método jurídico formal, método de
interpretación, método hermenéutico y métodos de análisis y síntesis. En
las conclusiones se identicaron enfoques similares de administración
y nanciación. Se aclara una tendencia característica de todos los países:
el Estado garantiza la educación gratuita, incluida la ciencia y, al mismo
tiempo, asegura el acceso igualitario a la educación y la ciencia de calidad.
También, se denieron los mecanismos óptimos de respaldo económico de
la educación, la ciencia y las principales fuentes de nanciación propias de
cada país.
Palabras clave: regulación legal; administración pública; educación y
ciencia; experiencia internacional comparada; respaldo
legal.
Introduction
Modern reforms that our society is undergoing are aimed at ensuring
stability and economic development. Among the main reforms is
decentralization, which will contribute to eective administration in the
eld of education and science by local self-government, as well as the
improvement of the quality of education at all levels, and the adaptation of
the education system to modern requirements.
The study of trends and peculiarities of education development, as
well as the improvement of the education management system in other
countries, is important for the reform of education in Ukraine, and provides
an opportunity for forecasting, determining possible risks, and eective
management of education at the local level. The experience of foreign
countries that successfully solve problems in education and its management
becomes particularly relevant in the process of implementing reforms.
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Yevheniia Zhukova, Kostyantyn Bryl, Larysa Svystun, Yevheniiа Kobrusieva y Yevhen Leheza
Legal regulation of public administration of education and science
1. Literature review
The issue of world experience in decentralizing education management
at the local level, as well as ensuring the organization of participation of
citizens in solving local matters was covered in works of domestic and foreign
scholars such as T. Ivanova, V. V. Kravchenko and others (Kravchenko,
2007). However, the issue of education and science management in foreign
countries remains not suciently studied.
In a developed civil society, power is dependent on citizens, because
the public has inuence on the planning of the work of government bodies
and decision-making (Villasmil Espinoza et al., 2022). At the same time,
authorities are establishing a close relationship with the public, monitor
public opinion, and ensure timely public awareness of their activities
(Kravchenko, 2007). In the education management system, the inuence
of the community is felt the most.
Based on the results of the PISA-2018 international survey, Estonia,
Finland and Poland ranked among the top 10 countries with the best
performance (Schleicher, 2018). They are among the few European countries
that received such high ratings. Estonia is a country of the former Soviet
Union, which joined the European Union in 2004. Finland’s experience is
the basis for the educational reform of the “New Ukrainian School”.
It is one of the OECD countries that has managed to minimize the
dierence between rural and urban schools (Schleicher, 2018). Poland
is a strategic partner of Ukraine, similar in administrative and territorial
structure. Let us focus on some aspects in the eld of education in these
countries, in particular, on the powers of the local self-government
authorities in the eld of education; basic approaches to nancing pre-
school and general secondary education institutions; and the participation
of the public in the management of education at the local level.
2. Materials and methods
The study is based on the works of foreign and Ukrainian scholars about
methodological approaches to understanding the public administration of
education and science in foreign countries, etc.
With the help of the epistemological method, the public administration
of education and science in foreign countries was established; thanks to
the logical and semantic method, the conceptual framework was deepened;
and the essence of the public administration of education and science in
foreign countries was determined. Thanks to the existing methods of law,
we managed to analyze the public administration of education and science
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in foreign countries, etc.
3. Results and discussion
Estonia. The management of education in Estonia is decentralized,
that is the distribution of powers between the state, local authorities
and the school is clearly dened. The local government, municipality/
town are primarily responsible for the availability of general education
(from preschool to general secondary education), for compulsory school
attendance by students, maintenance of preschool institutions and schools.
Local authorities are the founders of municipal schools, whose main
powers include: planning educational development programs within the
framework of their administrative jurisdiction and their implementation;
creating, reorganizing and closing municipal educational institutions and
ensuring their economic support and nancing; appointing/dismissing
heads of educational institutions under their jurisdiction; transportation for
students and teachers; providing medical care and nutrition for children at
schools; registration of persons with special needs and organizing training
for them (Tylchyk et al., 2022).
The state guarantees free general secondary education. For this purpose,
funds are allocated from the state budget in the form of an educational
subvention for both municipal and private educational institutions. These
expenses are used for the salaries of teachers and heads of educational
institutions, as well as for the improvement of their qualications, for
textbooks and teaching aids, student nutrition.
To a large extent, the calculation of the educational subvention is
inuenced by the number per class. In addition, the state nances the costs
associated with the establishment of boarding schools.
The remaining expenses of schools are covered by the school governing
body (that is, usually a local government or, with private schools, a private
legal entity). Municipal schools are nanced from local budgets (communal
services, cleaning of schools, work of social workers and psychologists,
repair of premises, etc.). The ratio of expenditures from the state budget
and local budgets for general secondary education account for 42 % and 58
%, respectively (Matviichuk et al., 2022).
In order to replenish the local budget of local self-government bodies,
founders of educational institutions may provide additional paid services
(gym/pool subscription), as well as rent out premises (gyms, swimming
pools, etc.) after the scheduled time (Tytysh, 2016). Educational institutions
may receive charitable contributions or nancial assistance.
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Yevheniia Zhukova, Kostyantyn Bryl, Larysa Svystun, Yevheniiа Kobrusieva y Yevhen Leheza
Legal regulation of public administration of education and science
To save money, most municipalities have solved the issues of
transportation, cleaning and food by attracting outsourcing companies: for
example, local governments conclude a contract for the transportation of
students to an educational institution with a local company that transports
passengers at a certain time, with buses traveling along a certain route.
Thus, local self-government bodies do not face the issue of maintaining
buses, hiring drivers and paying for their work (Tytysh, 2016).
In Estonian schools, there are pedagogical councils of teachers that are
authorized to decide on issues related to teaching and upbringing at school.
A permanent body that provides support in the activity of an educational
institution and provides proposals to local self-government bodies to resolve
issues related to a preschool institution or school is a board of trustees of an
educational institution.
This council consists of representatives of the educational institution
administration, pedagogical council, student council, parents, graduates
of the educational institution. The head of the educational institution is
accountable to the board of trustees. The activity of the board of trustees
is determined by the charter of the educational institution (Kobrusieva et
al., 2021).
Schools also have student self-government bodies, that is student
councils that have the right to independently decide and organize issues
of school life. A representative of the student council participates in the
activities of the pedagogical council.
The board of trustees, student council, pedagogical council, invited
experts together with the management of the school develop and approve a
school development plan (for a minimum of 3 years), where the goals and
recommendations for school development are dened (Leheza et al., 2022).
A special feature of the Estonian educational system is the web-based
national ENIS (Estonian Education Information System) register, which
collects data on the Estonian educational system. The Estonian Education
Information System contains information about educational institutions,
students, teachers (their salaries as well), curricula, rights to study and
documents certifying education.
Finland. At the municipal level, the main task of the authorities
(municipalities or joint municipal authorities) is to ensure an opportunity
for all children of preschool and school age, including children with special
needs, to learn according to their abilities. Pre-school education (one year
before school) and basic education (9 years of education) are mandatory.
Municipalities are empowered: to allocate funding for education; to
form the learning content through local curricula (within the framework of
the national basic curriculum); to select sta; to ensure practical learning
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conditions, eciency and quality of education; to provide transportation
for students; to manage educational institutions; to provide learning in two
languages (if necessary, in Swedish); to organize and conduct a competitive
selection of heads of educational institutions.
Municipalities are responsible for the organization ofeducational
support and education for children with special needs according to their
specic situation (Law of Finland, 2022).
In addition to organizing the educational process, each local government
is generally responsible for student welfare services, which include:
free school meals; free health care in the school; free dental care; free
services of social workers and school psychologists. Local authorities have
no legislative obligations to organize general secondary education and
vocational education and training, but they are required to contribute to
their nancing.
Finnish municipalities can delegate part of their powers to educational
institutions, in particular, the selection of the sta and management of the
school budget; determination of teaching methods, teaching materials and
textbooks (Law of Finland, 2022). The nancial autonomy of schools varies
from one municipality to another. The municipal department of education
decides the level of autonomy of schools that may have a budget.
In Finland, each municipality is required to provide basic services:
medical, social, and educational (pre-school and basic education). Funding
for basic services is distributed between the state and municipalities.
The share of funding is divided approximately as follows: 75 % is for a
municipality, and 25 % is for the state.
The state covers the costs of school meals and the transportation for
students, as well as medical services. Municipalities receive part of the
funds from the state, but the largest source of income is tax revenues, since
municipalities have the right to collect taxes. State funding is not allocated
purposefully.
Therefore, municipalities have full autonomy in deciding on the
distribution of costs between dierent basic services, such as medical,
social and educational. The calculation of necessary expenses for basic
education in Finland is carried out using the formula, which includeskey
indicators: the cost of education per student; the number of residents of the
municipality aged 6 and 15 years old.
The remoteness of location of the municipality, demographic factors
(population density, age range, incidence of disease of the population in
each district) are also taken into account. Funding for private education is
determined according to the same criteria as public education (Halaburda
et al., 2021).
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Yevheniia Zhukova, Kostyantyn Bryl, Larysa Svystun, Yevheniiа Kobrusieva y Yevhen Leheza
Legal regulation of public administration of education and science
The Finnish government program “Right to learning is an equal start to
learning paths for 2020-2022” covers preschool and basic education, which
includes projects that will improve the quality of education and equality in
access to education. The program aims at reducing dierences in learning
outcomes related to children’s social and economic background, gender,
and immigration (Law of Finland, 2022).
Poland. The lowest level of administrative division is gmina. The
powers of gminas include: the creation and management of community
kindergartens, primary schools; the maintenance of buildings of pre-
school and primary education institutions; the organization of student
transportation; the appointment to the position of a head of an educational
institution under the jurisdiction of a local government.
It should be noted that the primary school in Poland is an 8-year school
divided into two stages: the rst stage provides for studying in grades 1-3,
and the second stage for studying in grades 4-8. The pedagogical supervision
of these educational institutions is the responsibility of their leaders. The
gmina, like the county, may establish and manage public teacher training
centers and institutes, as well as educational resource centers, within the
limits of its powers (Tytysh, 2016). The county is responsible for the last
three years of study in secondary schools, vocational and special schools.
In the Polish educational system, the responsibility for the management
of a school or institution is assigned to one person, namely to the head of
the school (institution). General secondary education is nanced mainly
(91 %) from the state budget (EU law, 2022). Funds for education received
by gminas come from several sources: educational subventions, targeted
subsidies to local government authorities, gmina’s own prots, as well
as through EU funds. The largest part of this amount is an educational
subvention, which has no direct purpose.
This takes into account the number of students in Polish schools and
uses the so-called “Standart A”, that is the amount of costs for teaching
one student in a big city. However, the overall distribution of subventions
depends on about 40 indicators: whether the school is rural or urban,
whether representatives of national minorities study there or not, whether
there are children with special needs or not, the level of teachers’
qualications (if there are more teachers in an educational institution who
are highly qualied, it is assumed that local government authorities spend
more on teacher remuneration (EU law, 2022).
There is a certain similarity of powers in the eld of education at the level
of the territorial community in Estonia, Finland and Poland. All local self-
government bodies are obliged to provide pre-school, primary and basic
education; organize transportation and meals for students; keep records
of children of preschool and school age; maintain buildings of educational
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CUESTIONES POLÍTICAS
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institutions, provide material and technical resources; establish, liquidate
or reorganize educational institutions; appoint heads of educational
institutions that have gone through the competitive selection process.
In Estonia, local government bodies are required to monitor children’s
attendance at educational institutions. In Finland, local self-government
bodies are responsible for stang educational institutions (or they can
delegate powers to the head of the institution), forming the educational
content, as well as providing medical and dental care in educational
institutions (Fazlagic, 2003).
In order to save money at the local level, contracts are concluded
with outsourcing companies for the performance of certain powers
(transportation, cleaning, food). The approach of Polish communities to
the maintenance of small schools and the provision of access to additional
services as in Estonia and Poland, is worth of attention (OECD, 2018).
The public is actively involved in the management of education. In order
to attract young people to management and develop their civic engagement,
the legislation denes the rights of students to create student self-
government bodies and outlines the main provisions of their activities. The
inherent feature for all countries is the activity of school and pedagogical
councils, boards of trustees and parents’ councils.
A positive example is the activity of parents in foreign countries who
are not indierent to the life of the school and are ready to participate in
solving various problems at the local level. It is worth noting that local self-
government bodies are required to cooperate with the public in matters of
education management.
According to formal indicators, Ukraine has similar approaches to
education management at the local level: the powers of local self-government
bodies do not dier signicantly from those of local self-government bodies
of Estonia, Finland and Poland, that is local self-government bodies at the
level of the territorial community are engaged in preschool, primary and
basic education (Leheza et al., 2022).
Conclusions
Thus, the experience of the European Union countries, which were
included in the top 10 best countries according to the PISA-2108
international survey showing the best performance (Estonia, Poland,
Finland) for the administration of education and science based on such
indicators as management, nancing, public involvement in the process of
managing education and science, was analyzed.
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Yevheniia Zhukova, Kostyantyn Bryl, Larysa Svystun, Yevheniiа Kobrusieva y Yevhen Leheza
Legal regulation of public administration of education and science
This approach made it possible to identify the main approaches to
the administration of education and science at the local level that can be
implemented in Ukraine, namely: involvement of local self-government
bodies in the selection of teaching sta; nancial autonomy of educational
institutions; replenishment of the school budget through the provision
of additional paid services; reducing education costs by attracting
outsourcing companies; motivating highly qualied teachers to work in
rural educational establishments; creation of a national register that would
contain a comprehensive about educational institutions; maintenance by
communities of underlled educational institutions.
Promising areas for further research is the study of the experience of
education management at the local level in Asian countries, which top all
rankings in international studies of the quality of education and science.
A signicant number of PISA member countries implement special
measures to maintain educational institutions with unfavourable learning
conditions. Thus, the practice of additional nancing of such projects or
motivating teachers with the highest level of qualication to work in such
institutions is common.
There are also similarities in funding approaches. Education is
nanced from both state and local budgets, and the principle of “money
follows a child” is observed, which creates a competitive environment
among educational institutions. The dierence consists in the ratio and
size of expenditures on education, competence of local self-government
bodies and educational institutions regarding the distribution of funds for
education. Education expenditures from the state budget have dierent
types: educational subventions (Estonia, Poland) and targeted subsidies,
transfers and grants.
In Estonia and Poland, teachers are paid from educational subventions.
Calculations of expenses for education, in particular educational
subventions, must include the number of students per class. In addition,
there are equalization coecients, which are aimed at ensuring that
regardless of the place of residence, social origin, nancial ability of parents,
etc., children have equal access to quality education. Private educational
institutions also receive state funding.
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Esta revista fue editada en formato digital y publicada
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Vol.41 Nº 76
