Problems of Legal Regulation of Academic Integrity Compliance in Ukraine

Keywords: academic integrity, legal regulation, academic integrity compliance in Ukraine, participants in the educational process.

Abstract

The current state of legal regulation of academic integrity in Ukraine has been analyzed. It has been found out that the standards of academic integrity are still poorly studied in the scientific field in Ukraine. However, some aspects of the legal regulation of academic integrity have already been considered in the works of national scholars. However, given the relative novelty of the term of “academic charity” in the current legislation, a number of issues of legal regulation of academic integrity in Ukraine remain relevant and unresolved.

It has been noted that the regulatory requirements for the standards of academic integrity were first enshrined only in 2017in the Art. 42 of the Law of Ukraine “On Education”. It became the legal basis for the protection of the author’s scientific work from its appropriation or unjustified publication by another person. Until now, the “standards” of academic integrity were not enshrined in law, although they were used to some extent in verifying the results of dissertation research. This aspect is still problematic from the point of view of legal regulation, and hence practical application.

The following problems of the current state of legal regulation of academic integrity in Ukraine have been identified: diversity in the approaches of educational institutions to the criteria used in testing scientific papers for literary piracy; the existence of a legal conflict regarding the regulation of the issue of “self-plagiarism” between the provisions of the Law of Ukraine “On Education” and the Resolution of the Cabinet of Ministers of Ukraine No. 567 dated from July 24, 2013; the need to distinguish between additional and detailed liability for the violation of academic integrity; inconsistency of terminology in the current legislation, etc. Ways to solve existing problems have been suggested.

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Author Biography

O. V. Bernatskyi , Limited Liability «Company Legal company «Lawyer and Law»

Director.

References

Ulianova H.O., 2015. Methodological problems of civil law protection of intellectual property rights from plagiarism [Metodolohichni problemy tsyvilno-pravovoho zakhystu prav intelektualnoi vlasnosti vid plahiatu]. D.Sc. dissertation. National University “Odesa Law Academy”.

Ryzhko O.M., 2017. Plagiarism in the social-communication dimension of the beginning of the XXI century is the nature of the phenomenon and the history of struggle [Plahiat u sotsialnokomunikatsiinomu vymiri pochatku ХХІ stolittia: pryroda yavyshcha ta istoriia borotby]. D.Sc. dissertation. Taras Shevchenko Kyiv National University.

Teremetskyi V., Avramova O., Hrubinko A., Krupnova L. and Lisohorova K., 2020. Ethical and Legal Essence of Academic Integrity in Ukraine. Journal of Law and Political Sciences, Vol. 23, Iss. 2, pp. 320-344.

Teremetskyi V.I., 2019. The legal nature of academic integrity in Ukraine [Pravova pryroda akademichnoi dobrochesnosti v Ukraini]. In: Academic integrity: the challenges of today [Akademichna dobrochesnist: vyklyky suchasnosti]. 11-23 March. Warsaw. Pp. 151-155.

Rudyk V.A. and Khymenko O.A., 2017. To the problem of legal regulation of liability for violation of academic integrity [Do problemy pravovoho rehuliuvannia vidpovidalnosti za porushennia akademichnoi dobrochesnosti]. Aktualʹnì problemi ûridičnoï nauki ta praktiki – Actual Problems of Juridical Science and Practice, No. 1, pp. 7-12.

Yanishevska K.D., 2019. Some aspects of liability for breach of academic integrity [Deiaki aspekty vidpovidalnosti za porushennia akademichnoi dobrochesnosti]. In: Academic integrity: the challenges of today [Akademichna dobrochesnist: vyklyky suchasnosti]. 11-23 March. Warsaw. Pp. 171-175.

Kremenovska I.V., 2015. Plagiarism in scientific publications: methods of detection and eradication [Plahiat u naukovykh publikatsiiakh: metody vyiavlennia ta vykorinennia]. Nauka Ukrainy u svitovomu informatsiinomu prostori, Iss. 11, pp. 60-66.

Shyshka R.B., 2016. Science and modern ignorance [Nauka ta suchasne nevihlastvo]. In: Kharkiv National University of Internal Affairs et al. Problems of civil law and process [Problemy tsyvilnoho prava ta protsesu]. 27 May. Kharkiv: Kharkivskyi natsionalnyi universytet vnutrishnikh sprav. Pp. 38-41.

Vrublevska O., 2019. Activities of the Ministry of Education and Science of Ukraine to maintain integrity in higher education [Diialnist Ministerstva osvity i nauky Ukrainy shchodo pidtrymky dobrochesnosti u vyshchii osviti]. In: Kyiv National Economic University named after Vadym Hetman et al. Integrity in the modern academic environment: legal and technological aspects [Dobrochesnist v suchasnomu akademichnomu seredovyshchi: pravovi i tekhnolohichni aspekty]. 3 April. Kyiv. Pp. 25-27.

Published
2020-12-20
How to Cite
Bernatskyi , O. V. (2020) “Problems of Legal Regulation of Academic Integrity Compliance in Ukraine”, Bulletin of Kharkiv National University of Internal Affairs, 91(4), pp. 97-107. doi: 10.32631/v.2020.4.09.
Section
Administrative Law and Procedure; Financial Law