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Features of Civil Law Provision of Personal Security of Subjects of the US Higher Education System in the Period of Formation

https://doi.org/10.21686/2411-118X-2022-1-51-61

Abstract

The paper presents the results of a study of the main general features of the formation and development of civil law support for the higher education system of the United States in their relationship with ensuring the personal safety of subjects of educational activity, which allowed us to fairly harmoniously adapt the German model of research universities and begin to occupy high places in the predominant number of international ratings, as well as in general to ensure the personal safety of subjects of educational activity primarily by civil law methods. The subject of the study is the relations that arise during the formation of the US higher education system in the process of implementing primarily civil law, as well as, in part, administrative-legal relations between the management (administration) of American universities and colleges on the one hand and students and staff on the other, as well as between states and universities (colleges). In the course of the research, logical, analytical, historical-legal, empirical, strategic management, instrumental and other basic methods of cognition of objective reality in the legal field under consideration were used. The scientific novelty of the study was the innovative approaches to solving problematic issues of civil law support of the higher education system in the United States, primarily at the stage of its formation, the results of which were the following main conclusions, according to which, first, at the early, initial stages of its development, the US higher education system was practically not subjected to strict regulation by state institutions and developed mainly in accordance with the norms of civil law, extrapolated from the legal families that have developed in Europe. In fact, the issues of personal security of subjects of educational activity in the field of activities of US organizations that provided services in the field of higher education were also mainly regulated not by public law, but by civil law norms developed by educational organizations that were not only de facto, but also de jure corporations, independently. And, secondly, the security system, including personal security, of the subjects of educational activities in the United States was not initially formed properly, which served as an unfavorable reason for a fairly large number of tragedies occurring in American colleges and universities, especially in recent decades.
The only innovation in the field of ensuring, in particular, environmental safety, it seems possible to consider the decision of the new US administration to begin vaccination of individuals-subjects of educational activities from coronavirus infection, which is objectively caused by a rather serious epidemiological threat of global significance and scale.

About the Authors

A. M. Moiseev
Plekhanov Russian University of Economics
Russian Federation

PhD in Law, Associate Professor of the Department of Civil Legal Disciplines of the PRUE

36 Stremyanny Lane, Moscow, 117997



N. Yu. Duvanov
Plekhanov Russian University of Economics
Russian Federation

PhD of Law, Senior Lecturer of the Department of Civil Legal Disciplines of the PRUE

36 Stremyanny Lane, Moscow, 117997



G. V. Fedulov
Plekhanov Russian University of Economics
Russian Federation

Post-Graduate Student of the Department of Civil Legal Disciplines of the PRUE

36 Stremyanny Lane, Moscow, 117997



References

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For citations:


Moiseev A.M., Duvanov N.Yu., Fedulov G.V. Features of Civil Law Provision of Personal Security of Subjects of the US Higher Education System in the Period of Formation. ECONOMICS. LAW. SOCIETY. 2022;7(1):51-61. (In Russ.) https://doi.org/10.21686/2411-118X-2022-1-51-61

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ISSN 2411-118X (Print)