Constitutional right to education in Ukraine: specifics of implementation under the legal regime of martial law

The article is dedicated to characterisation of the specifics of exercising the constitutional right to education under the legal regime of martial law. The right to education has its own distinctive features: firstly, it is a constitutional (fundamental) right, since it is established and guaranteed by the Fundamental Law of the state. This leads to its other features, such as direct effect, increased stability and protection by the state. Secondly, the constitutional right to education should be classified as a cultural right, as it provides a person with opportunities to receive educational services, acquire knowledge and skills, and that ultimately enhances his or her cultural development. Thirdly, it is a positive right, as its realization requires certain positive actions, such as creation of a network of state and municipal educational institutions. Fourthly, it is a relative right, as it may be subject to certain restrictions imposed under special legal regimes introduced according to the law. Fifthly, the constitutional right to education is of a material nature, as it ensures that a person receives educational services and obtains education in order to become competitive in the labour market and receive decent remuneration. Sixthly, the right to education is a guarantee of other rights realization, for example, the right of all people to free development of their personalities (Article 23 of the Constitution of Ukraine). However, despite the existence of international, constitutional and legislative guarantees for realisation of everyone’s right to high-quality, accessible and free education, full realisation of this right is hindered by certain restrictive measures established through regulatory acts that contradict the Constitution of Ukraine, laws and international acts and violate the principles of equality, non-discrimination and proportionality. As a result of the ban on concluding agreements for contractual education, our state loses a large amount of financial revenues to replenish state/local budgets. All of this negatively affects the overall image of Ukraine making many Ukrainian citizens, including men, move abroad and obtain their education there, therefore replenishing the budget of foreign countries.