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Modern konstitutsionno-legal regulation of the right to average vocational training in the Russian Federation

The Constitution, on B.S.Ebzeeva's true belief, lays the foundation for legal regulation of public relations with participation of the person and predetermines the maintenance of branch regulation [267].

Having fixed the right to average vocational training, the Constitution of the Russian Federation has given it a reference value, has formed a basis for formation of the current legislation, called to concretise the constitutional positions, guarantees and a realisation order, and also ways of protection and protection of the granted right.

Let's remind, that regarding 2 articles 43 the Constitution of the Russian Federation has fixed possibility of reception of average vocational training in the state or municipal educational institutions and at the enterprises. However now the given formation can be received and in the private educational organisation as the Constitution of the Russian Federation recognises a private property on a level with state and municipal, and the Federal act № 273-FZ along with the municipal and state educational organisations regarding 4 articles 22 allocates also the private. At the same time to receive average vocational training at the enterprises today it is impossible in view of absence of corresponding branch regulation.

It is important to notice, that konstitutsionno-legal regulation of the investigated right is carried out taking into account the conventional principles and norms of international law. As V.A.Lebedev marks, between plank beds one-legal acts about human rights contain standard a minimum which sets a vector of a legal regulation of the rights and freedom of the person in the national law [268].

In particular, in the Decision from March, 27th, 2012 № 8-П the Constitutional Court of the Russian Federation has noticed, that regarding 3 articles 15 of the Constitution of the Russian Federation has found reflexion the conventional principle of legal definiteness according to which any standard legal act mentioning the rights and freedom, including the constitutional law on average vocational training, cannot be applied if it officially is not published [269].

According to point "in" articles 71 of the Constitution of the Russian Federation regulation and protection of the rights and freedom of the person and the citizen concerns conducting the Russian Federation. At the same time protection of the rights and freedom of the person and the citizen concern subjects of joint conducting the Russian Federation and its subjects (point articles 72), and also the general questions of education, formation, a science, culture, physical training and sports (point "e" articles 72). In this connection there is an uncertainty of a question on how it is necessary subjects of the Russian Federation to protect the rights and freedom of the person and the citizen if their regulation - terms of reference of the Russian Federation.

In the Decision from June, 07th, 2000 № 10-P the Constitutional Court of the Russian Federation has cleared the given question [270]. In particular, in the federal acts accepted in subjects of joint conducting, should be defined both powers of the Russian Federation, and a circle of powers of subjects of the Russian Federation in this or that sphere. Besides, reference of regulation of the rights and freedom of the person to conducting the Russian Federation as has underlined the Constitutional Court of the Russian Federation, does not exclude possibility of subjects of the Russian Federation those or other rights and freedom to fix and in the constitutions or charters and, thereby, to take up obligations on their financial, material and other maintenance.

Thus, in subjects of joint conducting subjects of the Russian Federation at the expense of means of own budget can provide additional guarantees of realisation of those or other rights and freedom in bolshem volume, than it is established by the Constitution of the Russian Federation and corresponding federal acts.

It is necessary to notice, that among the federal acts regulating the right to average vocational training which is the independent right and simultaneously an element of a complex constitutional law to formation, the special place occupies the Federal act № 273-FZ which subject of regulation are the public relations developing as a result of realisation of the right of education, and also in connection with «maintenance of the state guarantees of the rights and freedom of the person in an education sphere and creation of conditions for realisation of the right of education» [271].

Though in the given law there is no definition of a constitutional law studied by us, positions of this certificate allow to understand features of average vocational training and to open the constitutional law maintenance on average vocational training.

1. The understanding of interrelation of a constitutional law on average vocational training and other rights entering into structure of a constitutional law on formation, is impossible without understanding of a place of average vocational training in an education system of the Russian Federation which is reflected in parts 2, 3, 5 articles 10 of the Federal act № 273-FZ.

2. Regarding 1 article 68 of the Federal act № 273-FZ the purposes of average vocational training which cause the purposes of realisation of an investigated constitutional law are fixed.

3. For understanding of possible results of realisation of the investigated

The rights special value have fixed regarding 3 articles 12 of the Federal act № 273-FZ kinds of corresponding educational programs,

Defining the maintenance of average vocational training and possible result of training - reception of qualification of the qualified worker, the employee or the expert of an average link.

4. The analysis of positions of article 2, a part of 2 articles 68, parts of 3 and 4 articles 78 of the Federal act № 273-FZ in interrelation with positions of parts of 1 and 2 articles 43 of the Constitution of the Russian Federation, allows to define subjects of the granted right - physical persons - citizens of the Russian Federation, foreign subjects and stateless persons.

5. On the basis of the analysis of articles, 8, 9, 23 Federal acts № 273-FZ it is possible to define the subjects promoting realisation of a constitutional law on average vocational training.

6. The federal act № 273-FZ defines a special legal status of the persons directly realising the right to average vocational training (trained), and also a legal status of subjects of legal relations, resulting realisation of the specified right.

It is necessary to add, that separate aspects of realisation of the right to average vocational training contain and in other federal acts regulating questions of protection of the rights of the child in the course of reception by it of formation [272], creations of public associations trained [273], features of a legal status of the noncommercial organisations [274], вопросві delays from призвіва on military service trained [275] etc.

Meanwhile konstitutsionno-legal regulation of the right to an average professionalvnoe formation is not settled by the Constitution of the Russian Federation and federalvnvshi laws as norms about the given right receive the development in subordinate legislation нормативнвіх pravovik certificates.

So, for example, the President of the Russian Federation in the decrees defines ключеввіе internal policy directions. In particular, in the Decree from May, 07th, 2012 № 599 «About measures on state policy realisation in spheres of education and sciences» [276], the President of the Russian Federation has designated necessities of improvement of availability of buildings of educational institutions of average vocational training for training of persons with OVZ. Nevertheless by 2015 only in every fifth case in a building and in territory of the professional educational organisations conditions for training of such persons [277] have been created. At present the situation considerably has not changed.

It is important to notice, that according to article 17 of the Federal constitutional law from December, 17th, 1997 № 2-FKZ «About the Government of the Russian Federation» [278], maintenance of carrying out of a uniform state policy concerns its powers in spheres of education, definition of the basic directions of development and vocational training perfection, in particular. In this connection important roles in constitutional law regulation on an average professionalvnoe formation play актві Pravitelvstva the Russian Federation.

In the government program of the Russian Federation "Development of education" approved by Decision Pravitelvstva the Russian Federation from December, 26th, 2017 № 1642, as one of the purposes creation «competitive системні average professionalvnogo the formations, providing preparation ввісококвалифицированнвіх experts and personnel according to modern standards and high technologies» [279] is named. Pravitelvstvo the Russian Federation has defined, that for achievement of this purpose it is necessary to approach the training maintenance to requirements of employers. One of the reasons of such decision was served by a situation connected of many shots with higher education which occupy the workplaces demanding not higher, and average vocational training [280].

For this reason earlier the Government of the Russian Federation in the Decision from February, 10th, 2014 № 92 has approved Rules of participation of associations of employers in monitoring and forecasting of requirements of economy in qualified personnel, and also in working out and realisation of a state policy in the field of average vocational training and higher education [281]. On hand from 03.03.2015 № 349-r the Government of the Russian Federation has approved the Complex of the measures directed on perfection of system of average vocational training on 2015-2020 [282]

Meanwhile the certificates the Government of the Russian Federation regulates not only the questions connected exclusively with realisation of the right to average vocational training, but also with realisation of the right of education in general. For example,

The governmental order of the Russian Federation from August, 15th, 2013 № 706 approves Rules of rendering of paid educational services [283].

Besides, norms about the right to average vocational training develop in positions of standard legal acts of federal enforcement authorities. Among them orders Minobrnauki of Russia which it according to the Governmental order of the Russian Federation from June, 03rd, 2013 № 466 independently accepts within the competence «on the basis and to execute the Constitution of the Russian Federation, federal constitutional laws, federal acts, certificates of the President of the Russian Federation and the Government of the Russian Federation» [284] have paramount value.

In particular, Minobrnauki Russia the orders regulated questions of the organisation and realisation of educational activity on educational programs of average vocational training [285], reception on training [286] and carrying out of the state total certification for the given programs [287], fillings, the account and delivery of diplomas about average vocational training and their duplicates [288]. Moreover, Minobrnauki Russia has approved the approximate form of the contract on formation on training on educational programs of an average professional and higher education [289].

In addition, Minobrnauki Russia approves federal state educational standards of average vocational training according to lists of trades and specialities of average vocational training [290].

Thus, the Constitution of the Russian Federation, the conventional principles and norms of international law, international treaties, the Federal act № 273-FZ and other federal acts, decrees of the President, the decision and the order of the Government of the Russian Federation, orders Minobrnauki of Russia and other federal enforcement authorities constitute federal level konstitutsionno - legal regulation of the right to average vocational training.

Comparing the specified set of certificates, it is possible to find out a number of contradictions and blanks in regulation of the investigated right.

1. We will remind, that regarding 5 articles 43 of the Constitution of the Russian Federation possibility of reception of formation in the form of self-education is fixed. The given position is concretised in Federal act article 17 № 273-FZ which analysis of positions allows to define self-education as the form of reception of formation out of the organisations which are carrying out educational activity. Thus the law fixes the law of persons, trained in the form of self-education, further to pass intermediate and state total certification in the organisations which are carrying out educational activity (a part of 3 articles 17 in interrelation with a part of 3 articles 34). Besides, the law supposes possibility to combine various forms of reception of formation (a part of 4 articles 17).

With reference to a constitutional law on average vocational training the Federal act № 273-FZ in the form of self-education does not contain an interdiction for its realisation. Does not contain such interdiction and the Order of the organisation and realisation of educational activity on educational programs

Average vocational training [291]. Moreover, on possibility of reception of higher education in various forms (including in the form of self-education and in the mixed forms) in Definition from December, 17th, 2008 № 1071-0-0 has specified the Constitutional Court of the Russian Federation as possibility to get education in various forms is one of the major guarantees of a constitutional law on formation and «allows to master educational programs taking into account requirements and possibilities of the person» [292].

Meanwhile from a part of 5 articles 17 of the Federal act № 273-FZ follows, that training forms on each educational program of average vocational training in a cut of trades and specialities are established by corresponding federal state educational standards. The analysis of federal state educational standards of average vocational training shows, that any of them does not provide possibility of realisation of a constitutional law on average vocational training out of the educational organisations - in the form of self-education with the subsequent passage of intermediate and total certification to the educational organisations [293]. Thus, absence of the mechanism of realisation of the investigated right in the form of self-education does corresponding norms declarative. In this connection it is obviously necessary to fix order Minobrnauki of Russia the list of trades and specialities of average vocational training which partially or completely can be mastered in the form of self-education, and also to approve an order of reception of average vocational training in the form of self-education.

2. The constitution of the Russian Federation regarding 2 articles 43 has provided as well possibility of reception of popular and free average vocational training at the enterprises. At the same time this norm has not received the concrete definition in the current legislation. We will remind, that in constitutions of the Soviet period positions about possibility to get education at factories, in state farms etc. contained. Moreover, on the basis of the enterprises technical training colleges on corresponding profile of preparation were created. It is possible to assume, that the Constitution of the Russian Federation, fixing the right to reception of average vocational training at the enterprises, wished to continue the given tradition by combination of positive experience of Soviet times and structure of a modern education system. However now the specified constitutional norm as a matter of fact is "sleeping" though possesses huge potential with reference to the right studied by us as it is capable to provide unity of results of training and requirements of potential employers at appropriate level of legal detailed elaboration. For today at the enterprises if educational institutions, only for realisation of programs of additional vocational training are created. The reason of it is covered that the Federal act № 273-FZ does not provide carrying out of the state accreditation of educational activity under additional professional programs. It is represented, that the similar measure (cancellation or the special simplified order of reception of the certificate on the state accreditation) concerning the enterprises ready and having for a possibility to everyone to receive corresponding resources popular and free average vocational training, could to correct developed situation.

Meanwhile the recognition the federal legislator of employers and their associations by an education system element (a part of 1 article 10 of the Federal act № 273-FZ) became the first step on a way of an embodiment of the constitutional instructions about garantirovannosti receptions of average vocational training at the enterprises. This short story as it is represented, has been caused by the purposes of the social state (a part of 1 article 7 of the Constitution of the Russian Federation), necessity to guarantee worthy human life and its free development, having provided it possibility to receive qualitative average vocational training. After all in a case when results of training correspond to requirements of federal state educational standards (5 articles 43 of the Constitution of the Russian Federation provided by a part), developed by authorities together with employers and their associations, the person can realise most effectively fixed regarding 1 article 37 of the Constitution of the Russian Federation the right to work and independently to provide to itself a worthy life, not putting itself in dependence on public authority and payments carried out by it (for example, at using the right of defence from unemployment according to a part of 3 articles 37 of the Constitution of the Russian Federation). At the same time, recognising employers and their associations by an education system element, the legislator has not settled a question on their investment as the subjects participating in realisation of a constitutional law on average vocational training, the rights and duties. Thereby the federal legislator has not provided legal means of involving of employers and their associations in educational process.

3. One more problem - updating of federal state educational standards. Having fixed regarding 5 articles 43 their necessity, the Constitution of the Russian Federation thereby has made to authorities a duty on their working out and the statement. Nevertheless on the end of 2017 of federal state educational standards of average vocational training it is accepted only by 15 trades (from 309) and to 260 specialities (from 270). This warp negatively affects constitutional law realisation on average vocational training as updating of the maintenance of programs of preparation of qualified workers and employees, programs of preparation of experts of an average link brakes.

4. The constitution of the Russian Federation regarding 1 article 44 guarantees to everyone freedom

Teaching, and the Federal act № 273-FZ regulates the status

Pedagogical workers who carry out the activity on the basis of the employment contract. Meanwhile federalvnye state obrazovatelvnye standards provide possibilities of attraction of the experts having necessary опвіт, whether to realisation of those инвіх disciplines on the terms of the civil-law contract (further - practical workers). However on them action Federalvnogo of the law № 273-FZ as he does not recognise practical workers as an education system element does not extend, together with does not fix their legal status. At the same time practical workers (along with pedagogical workers) promote constitutional law realisation on an average professionalvnoe formation, polvzujasv constitutional freedom of teaching. Nevertheless, possessing necessary practical experience in this or that sphere, they can not vladetv methods and tutorials and, sledovatelvno, not peredati necessary knowledge to students up to the mark. In this connection it is obviously necessary to make additions in Federalvnyj the law № 273-FZ, having included practical workers to structure of elements of an education system, and also having fixed their rights, freedom, a duty and otvetstvennostv, that will be sposobstvovatv to increase of efficiency of performance them professionalvnyh problems (including for the account ispolvzovanija modern methods and tutorials, increase of pedagogical qualification) and qualities of rendered services.

5. Process of realisation of an investigated constitutional law can be interrupted on a number of the circumstances caused by necessity of use of a right to rest, provided regarding 5 articles 37 of the Constitution of the Russian Federation. For example, according to a part of 1 article 34 of the Federal act № 273-FZ, trained can take the academic holiday in an order established by Order Minobrnauki of Russia from 13.06.2013 № 455 «About the statement of the Order and the bases of granting of the academic holiday trained» [294]. After an exit from the academic holiday the same conditions of training which were earlier (the training form, a training basis) should give to them. That is, if the person has left in the academic holiday, realising a constitutional law on average vocational training on a free basis to continue the training it should on the same conditions. Meanwhile the question on guarantee maintenance besplatnosti average vocational training in case of granting to the person of the academic holiday has not found reflexion in the current legislation. The problem consists that reception estimated figures (budgetary places) are meted every year and become attached by a year of a set. After an exit from the academic holiday among budgetary places it can not appear vacant, after all they will concern absolutely other year of a set. Imperfection of legal regulation in the given part negatively affects realisation of the investigated right as the educational organisations suggest to continue training only on a paid basis more often, breaking thereby the rights of citizens [295].

6. Some standard legal acts of federal level contradict each other. In particular, Minobrnauki Russia as carrying out of the state total certification for educational programs of average vocational training allocates a category trained which is not present in the Federal act № 273-FZ. Minobrnauki Russia the students trained on last (final) course and admitted to the state total certification [296], carries to a category "graduate". At the same time the Federal service of the state statistics absolutely puts other value in concept "graduate". It carries To the given category of the persons having the diploma about average vocational training who try to go to work according to the received qualification within one year from the date of the termination of the educational organisation [297].

7. There is no uniform terms framework. There is no legal definition of the right to average vocational training, average vocational training, educational service etc. Besides, there is no accurate differentiation of concepts "invalid" and «trained with the limited possibilities of health». In this connection in practice there are problems in realisation by invalids of the rights given to persons with OVZ in reception by them of average vocational training [298].

Such blanks and collisions (in particular, a divergence of norms of federal state educational standards with norms of the Federal act № 273-FZ) in legal regulation of the right to average vocational training at federal level should affect quality of the certificates accepted at level of subjects of the Russian Federation. For completeness of research it is obviously necessary to consider and the granted level of konstitutsionno-legal regulation of the studied right.

In many regional constitutions and charters the due attention to questions of differentiation of terms of reference in an education sphere is paid, positions of article 43 of the Constitution of the Russian Federation are duplicated. Meanwhile some subjects of the Russian Federation not simply duplicate, and develop in the enactments of position of the Constitution of the Russian Federation. So, for example, regarding 2 articles 47 of the Constitution of Republic Bashkortostan, along with positions about besplatnosti and general availability of average vocational training in state or municipal authorities and at the enterprises, studying of state languages and languages of the people of the given republic [299] is guaranteed.

Let's remind, that after acceptance in 2012 of the Federal act № 273-FZ, updating of laws of subjects of the Russian Federation has followed. Thus from 85 subjects of the Russian Federation only in the Vologda area - the Law of the Vologda area from July, 17th, 2013 № 3141-03 «the separate law on average vocational training has been passed About average vocational training in the Vologda area» [300]. In the given law attempt of a regulation of contractual relations of employers, authorities and educational institutions concerning preparation of the qualified workers serving, experts of an average link and their further employment is undertaken. By positions of article 5 of the named law are defined additional (in comparison with the Federal act № 273-FZ) directions of interaction with employers through partnership in system of average vocational training (assistance to employment of graduates, a management of course and degree designing, attraction of financial assets for updating of material base of the educational organisations, etc.).

As a matter of fact, in the given law have found reflexion of the relation which already take place for a long time in practical activities of the educational organisations and employers. However, blanks in regulation of the given question at legislative level in other subjects of the Russian Federation cause numerous litigations. In particular, one of workers KGBUZ «the Stomatologic polyclinic, Rubtsovsk» has been involved in a disciplinary responsibility that it on a workplace and in working hours in the basic place of work performed work in combination - conducted lesson at students KGBOU SPO «Rubtsovsky medical college». Thus between the named polyclinic and college the Contract on the social partnership which subject is the organisation and carrying out of practical training of students in functional divisions of a polyclinic has been concluded. The Rubtsovsky city court of Altay territory the order on attraction to a disciplinary responsibility recognised as illegal and has cancelled. The full court on civil cases of the Altay regional court has left the first instance decree without changes, having noticed that fact, that the given situation has developed for the reason that the management of a polyclinic in the presence of the treaty in force about social partnership does not develop realisation regulations dejatelvnosti at visiting by its students of college [301].

It is interesting to notice, that in the Samara area [302] and the Kamchatka edge [303] laws on ecological formation, education and formation of ecological culture of the population are passed. In the given laws preparation of experts in sphere of preservation of the environment with average vocational training is included in system of ecological formation and region education.

Some subjects of the Russian Federation in the laws tried to settle the questions which have not found due illumination in the Federal act № 273-FZ. The Vladimir area regarding 1 article 8 of the law has specified, that «realisation of educational programs in sphere of average vocational training is carried out proceeding from educational requirements of the population, a condition of a labour market of the Vladimir area and the branch order for preparation of qualified personnel for separate spheres of economy of the Vladimir area» [304]. Similar positions contain and in article 7 of the law of the Tyumen area [305].

Republic Tatarstan [306] and the Udmurt Republic [307] with a view of creation of a competitive education system, increase of availability and quality of educational services in the laws have fixed possibility of realisation of mutually advantageous cooperation between the subject of the Russian Federation and private partners.

Besides it, the Republic Tatarstan has fixed possibility of realisation of a constitutional law on average vocational training in the Tatar language [308].

However not all subjects of the Russian Federation began to pass regional laws on formation. In particular, in the Yaroslavl area the Social code which regulates questions of granting of social support, social service and rendering of the social help to the region population, but not the relations connected with realisation of a constitutional law on average vocational training operates. Meanwhile in the given code regarding 1 article 29 concept definition «students of average vocational training» is fixed. It «the persons trained in located on territory of the Yaroslavl area the educational organisations under programs of preparation of qualified workers, employees and to programs of preparation of experts of an average link under the internal form of training» [309]. Apparently, the regional legislator has outlined a circle of persons in which relation the Yaroslavl area incurs obligations on granting of measures of social support by it which are stated in parts of 2 and 4 articles 29 of the specified certificate. At the same time this definition not to the full corresponds to positions of article 17 of the Federal act № 273-FZ which provides still internally-correspondence and correspondence forms of training. Similar limited interpretation of the subject of a constitutional law on average vocational training at level of the regional law according to parts of 2 and 3 Constitutions of the Russian Federation is inadmissible.

It is important to notice, that regional laws on formation establish supplementary measures of social support and stimulation trained as initially such positions were provided by the modelling law of the subject of the Russian Federation, offered Minobrnauki Russia [310].

Meanwhile sometimes in regional laws of subjects of the Russian Federation on formation the excessive regulation of questions of financing and an establishment of specifications is observed, that has negative influence on their structure (the Vladimir, Kirov, Omsk area, etc.), giving to them character of instructive letters or methodical instructions. So, the act incorporates not only standard, but also methodical positions.

Thus, on average vocational training the regional legislation advances the federal in separate questions of realisation of a constitutional law. However it is frequent positions of laws of subjects of the Russian Federation about formation not to the full correspond to positions of the Constitution of the Russian Federation, the Federal act № 273-FZ, and also contain errors and defects.

In particular, the Republic Khakassia in the law has provided powers on maintenance and constitutional law protection on formation only concerning citizens of the Russian Federation, and concerning foreign subjects and stateless persons - only creation of conditions for reception of formation by them [311]. It runs counter to positions of a part of 1 article 45 of the Constitution of the Russian Federation which guarantee the state protection of the rights and freedom and to the person, and the citizen.

In the Law of the Vologda area from July, 17th, 2013 № 3141-03 «About average vocational training in the Vologda area» it is told, that it regulates the relations connected with «realisation of the right of citizens on reception of popular and free average vocational training by them» [312]. However the Federal act № 273-FZ applies such formulation concerning citizens of the Russian Federation, and concerning foreign subjects and stateless persons uses absolutely other formulation - «the right to reception of average vocational training». As the reason for it that fact serves, that foreign subjects and stateless persons have not always the right to reception of the given formation in Russia on a free basis.

In turn, the Transbaikalian edge in the law speaks about constitutional laws of citizens on formation [313]. C the account of that the constitutional law on formation includes a number of the branch rights (for example, the right to an additional education), in a preamble of the given law followed brings respective alterations.

In article 3 of the Law of the Kirov area from October, 14th, 2013 № 320-30 «About formation in the Kirov area» it is fixed, that the common right of the person on formation is realised by regional public authorities and local governments [314]. Such formulation is represented absurd, after all public authority bodies cannot realise human rights, they promote their realisation. In this connection followed make changes to article 3 of the given law, having replaced a word "realise" on a word-combination «realisations promote».

It is necessary to add, that Federal act lacks № 273-FZ in a part nerazrabotannosti the conceptual device are inherent also in regional laws which or completely duplicate positions of article 2 of the Federal act № 273-FZ, or contain sending to given article.

It is important to notice, that separate questions of realisation and maintenance of guarantees of the right to average vocational training are mentioned and in subordinate legislation standard legal acts of subjects of the Russian Federation among which it is possible to allocate standard legal acts of the higher official of the subject of the Russian Federation, decisions and other standard legal acts of the higher executive office of the government of the subject of the Russian Federation, standard legal acts of executive powers of the power of the subject of the Russian Federation.

Subordinate legislation standard legal acts of subjects of the Russian Federation regulate questions of financing or a measure of social support more often. For example, the Governor of Altay territory in the Decree from August, 20th, 2014 № 126 has established the supplementary measure of social support of children from large families in a kind «the guaranteed granting of average vocational training at the expense of budgetary appropriations» the budget of Altay territory [315]. Moreover, very often heads of subjects of the Russian Federation establish nominal grants for the persons receiving average vocational training [316].

Besides it, in each subject of the Russian Federation regional programs of a development of education are accepted. Besides, according to a part of 7 articles 36 of the Federal act № 273-FZ at level of subjects of the Russian Federation it is regulated as well an order of appointment of the state academic grant, the state social grant to the students trained under the internal form of training at the expense of budgetary appropriations of the regional budget [317].

Among the subordinate legislation standard legal acts regulating the right to average vocational training, special value have certificates of public authorities of the subject of the Russian Federation, carrying out the government in an education sphere. In particular, these bodies approve charters of the subordinated regional professional educational organisations, reception estimated figures, that is mete number of the places financed from means of the budget. Besides, they publish the certificates directed on increase of efficiency of realisation of a constitutional law on average vocational training. For example, the order from 09.07.2015 № 308-D the Ministry of the general and vocational training of Sverdlovsk area has approved the quality standards of granting the statesman of services (works), оказвіваемвіх subordinated establishments in an education sphere [318].

Thus, for the konstitutsionno-right in go regulations

Constitutional law on an average professionalvnoe formation at level of subjects of the Russian Federation it is characteristic nerazrabotannostv the conceptual device. Federalvnyj the law № 273-FZ in constitutional law regulation on an average

professionalvnoe formation practically leaves nothing to subjects of the Russian Federation. JTнтттв некоторвіе regions in the zakonodatelvnyh certificates enter any innovations (for example, partnership in system of average professionalvnogo formations) and develop positions Federalvnogo of the law № 273-FZ (for example, the unanimity of educational space in the legislation of subjects of the Russian Federation is transformed to a principle of "maintenance of unity of federal, regional and municipal educational space») [319].

It is necessary to add, that the constitutional norms about the right to average vocational training develop in municipal legal acts, together with in local certificates of the educational organisations (any type and the organisation-legal form). Not putting before itself the purposes them to investigate, we consider necessary to carry them to independent levels of legal regulation of the right to average vocational training as certificates of local governments charters of municipal high schools affirm and other questions of their activity are regulated, and local certificates of the educational organisations abound with the questions connected with features of realisation of the whole complex of the rights - the rights trained.

Considering a question on konstitutsionno-legal regulation of a constitutional law on average vocational training, it is impossible not

On

To mention, that in scientific community of scientists-lawyers for a long time already speak about formation of one more branch of law - the educational right [320]. Meanwhile isolation of the educational right and its allocation from structure of other branches (constitutional, administrative, civil and others) will be impossible without an appropriate legal regulation of realisation of rights of education of all levels and kinds, including the right to average vocational training.

The konstitutsionno-right voe regulation of the specified right constitutes fundamentals of legislation about average vocational training [321]. Konstitutsionno-legal regulation of the right to average vocational training is aimed at an establishment of the mechanism of realisation of the granted right, creation necessary for its maintenance, protection and protection of conditions, including conditions for development of system of average vocational training.

Summing up, it is necessary to notice, that now not all constitutional positions with reference to a constitutional law on average vocational training are embodied in a reality

(Self-education, formation reception at the enterprises). Updating of federal state educational standards goes slow rates, their positions not to the full correspond to the Federal act № 273-FZ (attraction of practical workers). Besides, contradictions are observed both between standard legal acts of federal level, and between federal and regional certificates. It allows to draw a conclusion, that modern konstitutsionno-legal regulation of a constitutional law on average vocational training is characterised by presence of blanks and the collisions complicating realisation of the granted right in full in this connection requires perfection.

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A source: Zadorina Maria Andreevna. CONSTITUTIONAL ĎPABO ON AVERAGE VOCATIONAL TRAINING In the RUSSIAN FEDERATION: THEORY And PRACTICE QUESTIONS. Dissertations on competition of a scientific degree of the master of laws. Ekaterinburg — 2018. 2018

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More on topic Modern konstitutsionno-legal regulation of the right to average vocational training in the Russian Federation:

  1. Chapter 2. Konstitutsionno-legal regulation and constitutional law realisation on average vocational training
  2. foreign models of realisation of integration processes in training and a modern condition of integration of an average of the general and average vocational training in Russia
  3. the Role of the Constitutional Court of the Russian Federation in constitutional law maintenance on average vocational training
  4. strategy of development of integration processes in system of an average of the general and average vocational training
  5. diagnostics of a condition and realisation of integration of an average of the general and average vocational training in the conditions of social partnership
  6. a role of social partnership in integration of an average of the general and average vocational training
  7. THE CHAPTER I. THEORETICAL BASES OF INTEGRATION PROCESSES IN SYSTEM OF THE AVERAGE OF THE GENERAL AND AVERAGE VOCATIONAL TRAINING
  8. Concept and the constitutional law maintenance on average vocational training
  9. the Chapter II. PRACTICE of REALIZATION And STRATEGY of DEVELOPMENT of INTEGRATION of the AVERAGE of the GENERAL And AVERAGE VOCATIONAL TRAINING In the conditions of SOCIAL PARTNERSHIP
  10. Zadorina Maria Andreevna. CONSTITUTIONAL ПPABO ON AVERAGE VOCATIONAL TRAINING In the RUSSIAN FEDERATION: THEORY And PRACTICE QUESTIONS. Dissertations on competition of a scientific degree of the master of laws. Ekaterinburg — 2018, 2018
  11. the analysis of results of skilled-experimental work on realisation of model of integration of an average of the general and average vocational training in the conditions of social partnership
  12. constitutional law Realization on average vocational training: concept, stages, subjects
  13. a constitutional law Place on average vocational training in system of the rights and freedom of the person and the citizen
  14. Artemyev Igor Anatolevich. INTEGRATION of the AVERAGE of the GENERAL And AVERAGE VOCATIONAL TRAINING In the conditions of SOCIAL PARTNERSHIP. The DISSERTATION on competition of a scientific degree of the candidate of pedagogical sciences. Tver - 2019, 2019
  15. ARTEMYEV Igor Anatolevich. INTEGRATION of the AVERAGE of the GENERAL And AVERAGE VOCATIONAL TRAINING In the conditions of SOCIAL PARTNERSHIP. The dissertation AUTHOR'S ABSTRACT on competition of a scientific degree of the candidate of pedagogical sciences. Tver - 2019, 2019
  16. Chapter 1. Historical and theoretical bases of development of a constitutional law on average vocational training