RIGHTS OF CONSUMERS OF EDUCATIONAL SERVICES IN THE REPUBLIC OF KAZAKHSTAN: PROBLEMS OF CONCEPTUALIZATION AND ISSUES OF MODERNIZATION OF LEGISLATION

Authors

  • Shokan Ualikhanovych Burashov
  • BinurAdamovna Taitorina КазНПУ имени Абая
  • Dauren Nurzhanovich Bekezhanov

DOI:

https://doi.org/10.52026/2788-5291_2022_69_2_104

Keywords:

legal regulation, legislation, educational services, the concept of consumerism, consumer relations, consumer rights, consumer rights protection, conceptualization, modernization

Abstract

The study is devoted to the conceptualization of the main concepts of the modern concept of consumerism: the definitions of "consumer", "educational services", "educational relations", "contract for the provision of educational services", "protection of consumer rights" are subjected to scientific analysis. The problem of protecting the rights of consumers in general and consumers of educational services in particular is being updated in the Republic of Kazakhstan, primarily due to unresolved problems of improving legislation and law enforcement practice. A comparative analysis of the practice of applying the laws of foreign countries showed that in the jurisdictions selected for analysis, the protection of consumer rights is carried out much more efficiently. In this regard, a regularity was revealed: in the Republic of Kazakhstan, consumer relations were concentrated on the application of administrative measures, while laws and law enforcement practice in developed countries highlighted the restoration of violated rights of consumers of goods and services as the main priority.

To characterize educational legal relations on the basis of existing research, special connections are revealed between legal norms of various branches of law - administrative, civil, labor, financial and other branches of law; the conclusion is made about the complex nature of a relatively new branch - educational law. In the context of the conceptualization of the legal category "educational services", the types of legal relations in the field of education are identified and characterized: educational relations proper and relations to create conditions for the implementation of educational relations.

The study also focuses on the ways of legal influence on educational relations - methods of legal regulation, as well as the need for effective control mechanisms of the state.

A comprehensive analysis of the problem of conceptualizing the basic concepts of the institution of consumer protection, carried out in the global context of the evolution of consumerism, serves as the basis for proposals to clarify their essence in the process of further modernization of the modern legislation of the Republic of Kazakhstan on consumer protection and law enforcement practice.

Published

30.06.2022

How to Cite

Burashov . Ш. У., Taitorina Б. А., & Bekezhanov . Д. Н. (2022). RIGHTS OF CONSUMERS OF EDUCATIONAL SERVICES IN THE REPUBLIC OF KAZAKHSTAN: PROBLEMS OF CONCEPTUALIZATION AND ISSUES OF MODERNIZATION OF LEGISLATION. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 2(69). https://doi.org/10.52026/2788-5291_2022_69_2_104