LEGAL FOUNDATIONS OF EDUCATION IN PRE-REVOLUTIONARY RUSSIA

Shabalina Olga Leonidovna¹, Krylov Dmitriy Aleksandrovich², Lavrentiev Sergei Yurievich³, Shabalin Gleb Yurievich^4
1 Prof. Dr., Mari State University, Russian Federation
² Assoc. Prof. Dr., Mari State University, Russian Federation
³ Assoc. Prof. Dr., Mari State University, Russian Federation
⁴ Mr., Mari State University, Russian Federation

Abstract

The article covers the period from the first half of the XIX century to the revolution of 1917, during which the legal relations in the field of education were repeatedly reformed. Since the innovations had a direct relationship with historical events, the article traced the change in the nature of the reforms. Also, the philosophical and legal views of thinkers of the period under consideration were studied, in which the current changes in the sphere of education were reflected. Attention is paid to the expansion of the network of educational institutions, the structure of educational levels. The article outlines the stages of the conservative education reform of 1828-1835 from the creation of a special departmental body for normative provision before the adoption of the University Charter of 1835. The subject of regulation of normative legal acts adopted in the sphere of education is considered. Tightening of control and supervision over the activity of educational organizations was revealed, within the framework of which new posts were created. The governing bodies of higher educational institutions and the structure of universities have been studied, their competence has been outlined. The changing delineation of powers between management bodies and control institutions is described, as well as changes in the content of education. Attention is paid to the unification of legal regulation in the field of educational legal relations. It points to the liberalization of the rule of law in educational legal relations in the 60s of the XIX century and reverse changes at the end of the century. In particular, the issue of the autonomy of universities, which was originally established, and then abolished, is being raised. Weakened collegial management against the background of strengthening the individual: increasing the powers of officials as opposed to reducing the rights of collegiate management bodies. The balance of powers of bodies and officials of the state, management bodies within the educational organizations is reflected. The instability of the class nature of education, the gender component and accessibility to the realization of the right to education was noted. The applied techniques of legal technique are analyzed. An introduction to the legal regulation of education of previously unimaginative dispositive legal norms was discovered.

Keywords: legal foundations, legal regulation, history of law, education, legal technique