The legislation of Math magician addition which had been in force for more than 20 years, could not be called perfect: it largely duplicated the legal model for the regulation of educational relations that existed in Soviet times, did not correspond to emerging educational practices.
The obvious inconsistency of the content and structure of educational legislation with the needs of the new, actively developing system of state and social structure of the Russian Federation led to the fact that, starting from the late 90s, the idea of a large-scale reform of educational law – systematization and updating of educational legislation – was actively discussed.
In the course of the rapid lawmaking process aimed at updating the Russian legislation on education, several drafts of the Education Code as well as various drafts of new systematized federal laws have been developed for quite a long time.
The high domestic political significance and huge social role of the new education legislation were the prerequisites for the Federal Law on Education in the Russian Federation (hereinafter, the Federal Law on Education in the Russian Federation), adopted in December 2012, to become the most discussed law in modern law-making practice (from May 2010 until its adoption, the draft law has passed more than ten stages of public discussion and various expert reviews).
The main ideas of the new basic law on education were: elimination of accumulated gaps and contradictions in sectoral legislation, legal registration of the institutions tested and established in education, new educational technologies, as well as the formation of innovative mechanisms that ensure the consistent development and gradual modernization of the educational system.
Of course, the new Federal Law on Education in the Russian Federation, which came into force in September 2013, is distinguished by its innovation and technological equipment, focus math magician mixed on strengthening the legal status of the participants in the educational process, the development of both public and private sector of educational services.
But at the same time, analyzing the first five-year life of the Russian educational system under the new basic law, we can regretfully state the fact that despite its long and comprehensive public and expert assessment, the current law not only did not eliminate existing legal conflicts, but also gave rise to new ones, caused considerable confusion and turmoil in law enforcement, created the need for constant legislative improvement (as evidenced by the fact that more than 40 editions of the current Federal Law on Education in the Russian Federation have not yet adopted it).
Further development of the sphere of educational law in modern Russia requires comprehensive and profound analysis, reflections and initiatives based primarily on actual and ambiguous law enforcement practices.
One of the examples of the ambiguous law enforcement practice – substantial constitutional and legal differences – is the issue of the division of competence between the executive authorities of the subjects of the Russian Federation exercising the delegated powers of the Russian Federation in the sphere of education.
In connection with the improvement of the division of powers in the sphere of education in December 2006, the concept “the delegated powers of the Russian Federation in the sphere of education” (hereinafter referred to as the delegated powers) was introduced.