Educational Governmental Order as an Administrative Contract: Argumentation of its Nature, Application Prospects in Ukraine

Abstract

Issue of the legal nature of contracts concluded in the process of educational governmental order is socially necessary, first of all, for all participants of this process to know norms of which branches of law to use or apply in the exercising and especially protection (defense) of their constitutional rights. The purpose of this article is to prove the administrative and legal nature of the contracts concluded in the process of formation, placement and performance of the educational governmental order. The research methodology was formed on the normative concept and the contractual concept of the administrative law. Authors are proved that in the event of disputes when concluding and performing contracts on educational governmental order, the administrative and legal procedures of public law shall be applied to resolve the conflict. Based on the purpose of the institute of educational governmental order, we consider it expedient to change the principles of formation of relations between a governmental customer, educational institution (a performer of the governmental order), a degree-seeking student, focusing on the main idea "invested state funds should be returned to the customer in the form of a benefit (profit) that contributes to meeting a specific state need)."