Protection of the rights of customers of educational services

Abstract

The problem of admissibility of applying civil and legal protection within educational relations has been considered. The author has argued the thesis that it is impossible to adequately streamline social communication with the participation of educational institutions and persons who study there (customers of education) by the norms of civil law. The author has indicated on obligatory and legal nature of relations arising on the basis of the agreement between a certain educational institution and persons who study. Such relations according to the object basis are obligations for the provision of educational services. The author has made a further conclusion on the fundamental possibility and necessity of using civil and legal regime both for positive regulation of relations “educational institution – a customer of educational services (a person who studies)” and for the protection of the rights (interests) of the participants of such legal relation.

The main methodological approach to formulating the position of the author of the article was the indication that the interests of customers of educational services (those who study) have a private nature. The consequence of the application of this approach is the conclusion on the conformity of civil and legal forms to the needs of regulation of relations, where private interests are realized. The author has criticized the scientific position of some researchers regarding the existence of educational law as a complex and independent branch of law. It has been emphasized on the necessity of further development of problem issues of protecting the rights (interests) of customers of educational services, in particular, the analysis of the application of certain methods of civil and legal protection.