EVOLUTION OF CONSTITUTIONAL MODELS OF THE RIGHT TO EDUCATION

Fatyianov Egor Vladimirovich

The article examines the evolution of constitutional and legal regulation of the right to education in Russia during the Soviet and early post-Soviet periods (1917–1993). The subject of the study is the legal models for the implementation of the right to education, understood as stable systems of interrelated elements: constitutional formulation, legislative provision of guarantees, access mechanisms, and the goal-setting of state educational policy. The aim of the research is to identify, typologize, and provide a comprehensive analysis of the models of the right to education. The methodological framework comprises historical-legal, comparative-legal, formal-dogmatic, and systemic methods. Three models for the implementation of the right to education are identified and characterized: "right as a task" (1917–1930s), "right as a guarantee" (1936–1980s), and "right as access" (1992). The research findings can be applied in rule-making activities for improving educational legislation. The novelty of the work is determined by the author's typology of models for the implementation of the right to education, proposed on the basis of a systemic criterion (the correlation between constitutional declaration, the scope of guarantees, and access mechanisms). The evolution of the constitutional and legal regulation of the right to education in Russia was non-linear and cannot be described in terms of progressive advancement.

Keywords:right to education, constitutional law, Soviet educational law, implementation of law, models of legal implementation.