The article examines legal foundations ensuring educational rights, revealing challenges and proposing a public-law mechanism.
The article examines the constitutional and organizational-legal foundations for ensuring citizens’ educational rights in the Russian Federation. It demonstrates that the effective realization of the right to education depends not only on its formal legal recognition but also on the performance of a public-law mechanism of implementation and protection, which includes state control (supervision), prosecutorial response measures, judicial remedies, prevention of violations, and information-analytical support for administrative decision-making. The study identifies typical enforcement challenges, including the latent nature of violations related to the substantive quality of educational activities, overlapping competences of supervisory and oversight bodies, insufficient involvement of experts in assessing compliance with educational program requirements, and the inconsistency of administrative practice. The article substantiates the need to design coordinated procedures and uniform criteria for evaluating compliance with mandatory requirements so as to ensure procedural predictability and the stability of enforcement measures. It concludes that developing a comprehensive public-law mechanism for protecting educational rights is advisable, with a focus on verifiable regulatory objectives, proportionality of state intervention, and increased trust in public authorities and educational institutions.
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A. A. Nikitenko (2023) studied this question.
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