Article analyzes the application of educational service in Russian law, indicating the need for clarity in legal definitions.
The article examines the limits of applying the concept of “educational service” in Russian legislation and legal doctrine, taking into account the mixed nature of educational relations that combine public-law guarantees with contractual mechanisms. It analyzes the regulatory framework in which education is defined as a socially significant public good and a process of upbringing and instruction, while the term “service” is widely employed to regulate specific institutions, including paid educational services and public services in the field of education, in the absence of a statutory definition. The paper substantiates criteria for distinguishing the core of the educational process from service-like segments based on the legal basis of provision, remuneration, the nature of the resulting benefit, and public-law constraints aimed at ensuring legal certainty and protecting learners’ rights. It concludes that a functional use of the “service” category is permissible provided that the priority of the public interest and the state guarantees of accessibility and quality of education in the Russian Federation are preserved.
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A. A. Nikitenko (2015) studied this question.
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