Legislative Gaps in Education According to the Materials of Judicial PracticeLegislative Gaps in Education According to the Materials of Judicial Practice

Modern school as an educational institution is an important General education Institute. It is an integral part of modern life, because compulsory secondary education is enshrined in the Constitution of the Russian Federation. The school, in its essence, is a public law education. In paragraph 4 of the Ruling of the constitutional Court of the Russian Federation of July 3, 2008 №734-O-P made a very important conclusion that the public entities, according to the practice of the European court of human rights, should include any authorities exercising socially significant functions. These include modern school. At the same time, the school is a subject of civil law. By entering into civil law relations, it takes responsibility for the quality of education, the safety of students, their lives and health. In these circumstances, it is important to identify legislative gaps in education through the analysis of judicial practice with the participation of schools. The aim of this study is to identify the main legislative gaps in education based on the materials of judicial practice. To achieve this, the relevant legislative framework is being analysed. Judicial practice is systematized by different types and categories, it reveals both similarities and individual contradictions. General scientific methods (analysis, synthesis, generalization), private scientific methods (statistical and sociological), as well as special legal methods (comparative legal and formal legal) were used to solve the tasks set in the work. As a result of the study of judicial practice, conclusions aimed at improving the current legislation are drawn.