ЧАСТНОПРАВОВОЙ СТАТУС ПЕДАГОГА В СИСТЕМЕ ВЫСШЕГО ОБРАЗОВАНИЯ
PRIVATE LEGAL STATUS OF TEACHERS IN HIGHER EDUCATION

Summary/Abstract: The relevance of the study is determined by the fact that the role of discretionary principles has been enhanced in connection with the development of market relations in the sphere of higher education, which manifests itself in the possibility of teachers to enter into civil law contracts with the educational institution in which they work, as well as with other organizations and entities. The study was performed to determine the specificity of the private legal status of teachers of higher school and to identify their major civil rights and obligations. The objectives of the study are the following: – to examine the legal status of teachers in general; – to identify elements of the legal status of teachers in higher education; – to reveal the contents of the private legal status of higher school teachers; – to compare the private legal status of higher school teachers with their labor status. The leading method of research used by us is the method of analysis of the normative-legal acts and literature devoted to the issues of civil-legal regulation of higher education. The paper points out that university teachers do not have any civil relations with students and are not counterparties to the contract on rendering of paid educational services. The counterparty under this contract is the educational organization of higher education. Civil law relations emerge and develop between the university and students, while the university and teachers have labor relations. Higher school teachers enter into civil law relations at conclusion of civil contracts related to the results of creative activity, agreements on the implementation of individual works and the provision of certain services. Based on the obtained results, it was concluded that higher school teachers, acting as the counterparties to the relevant civil law contracts, gain individual rights and responsibilities, have the burden of private law liability imposed on them, which, ultimately, forms their private legal status. The latter should not be confused with the labor status of university teachers. These findings are important for the law enforcement practice.

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