乌克兰学术诚信法规改革领域

Q3 Arts and Humanities
N. Kuznietsova, I. Nazarov, Leonid V. Yefimenko
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引用次数: 0

摘要

学术诚信是科学研究最重要的要求。然而,对确保科学和教育活动中学术诚信的关系的法律规定是零散的,没有包含影响学术诚信违规者的有效机制。这就需要对“学术剽窃”一类进行理论研究,并制定改革该领域现行立法的领域。因此,本研究的目的是分析学术诚信作为一种现象的法律规制,学术剽窃的概念,它与版权合规背景下的剽窃的区别,确定负责确定侵犯学术诚信事实的主体的范围及其在应对相应侵犯行为方面的权力,以及在侵犯学术诚信的情况下将其绳之以法的程序。本研究基于一般(历史、比较、逻辑和系统)和特殊(结构功能、形式法律、社会学、统计等)方法,分析了乌克兰对学术剽窃这一相对较新概念的法定监管前景,包括建立学术诚信概念的立法规范,侵犯学术诚信行为的类型、审议可能侵犯学术诚信问题的程序、侵犯学术诚信的责任类型以及有权适用这些责任的机构,核实这些责任是否符合国际标准。本文分析了乌克兰国家高等教育质量保证局在审议关于侵犯学术诚信的投诉方面以及在教育课程认证框架内的做法。提请注意乌克兰在学术诚信领域立法中现行法律规定的矛盾。对现行立法的建议旨在优化对遵守学术诚信问题的法律监管。作者认为,有必要在“学术诚信”这一单一法律的框架内积累学术诚信的法律法规,将高等教育机构和科学机构定义为确保遵守学术诚信原则的主要主体,以及国家高等教育质量保证局——主要通过高等教育机构关于违反学术诚信的裁决的上诉程序;调整违反学术诚信的行为清单,明确其设立程序,并促使高等教育机构真正和非正式地遵守学术诚信原则
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Areas of reforming the statutory regulation of academic integrity in Ukraine
Academic integrity is the most important requirement for scientific research. However, the legal regulation of relations ensuring the academic integrity in scientific and educational activities is fragmented and does not contain effective mechanisms for influencing the violator of academic integrity. This necessitates a doctrinal study of the category “academic plagiarism” and the development of areas for reforming the current legislation in this field. Therefore, the purpose of this study is to analyse the statutory regulation of academic integrity as a phenomenon, the concept of academic plagiarism, its differences from plagiarism in the context of copyright compliance, to identify the scope of subjects responsible for establishing the facts of violations of academic integrity and their powers in the field of responding to corresponding violations, procedures for bringing to justice in case of violation of academic integrity. The present study, based both on general (historical, comparative, logical, and system) and special (structural-functional, formal legal, sociological, statistical, etc.) methods analyses the prospects of statutory regulation of the relatively new concept in Ukraine, which is academic plagiarism, including the legislative norms concerning the establishment of the concept of academic integrity, types of violations of academic integrity, procedures for considering issues of possible violations of academic integrity, types of responsibility for violations of academic integrity and bodies that have the right to apply them, verifies their compliance with international standards. The paper analyses the practice of the National Agency for Quality Assurance of Higher Education of Ukraine both on the consideration of complaints about violations of academic integrity, and within the framework of accreditation of educational programmes. Attention is drawn to the contradictions of current legal provisions in the legislation of Ukraine in the field of academic integrity. Proposals to the current legislation are formulated to optimise the legal regulation of the issue of compliance with academic integrity. The authors express their opinion on the necessity of accumulating legal regulation of academic integrity within the framework of a single law “On Academic Integrity” to define higher education institutions and scientific institutions as the main subject of ensuring compliance with the principles of academic integrity, and the National Agency for Quality Assurance of Higher Education – mainly by the appellate instance regarding decisions of higher education institutions on violations of academic integrity; adjusting the list of violations of academic integrity and specifying the procedure for their establishment and stimulating higher education institutions to real and not formal compliance with the principles of academic integrity
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