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This is an Open Access article, distributed under the terms 
of the Creative Commons Attribution CC BY 4.0

1 National University "Odesa Law Academy", Ukraine
E-mail: bilatiunova@gmail.com
ORCID: https://orcid.org/0000-0001-7886-793X
2 National University "Odesa Law Academy", Ukraine (corresponding author)
E-mail: bilous200@ukr.net
ORCID: https://orcid.org/0000-0001-5343-3756
3 International University of Economics and Humanities 
named after Academician Stepan Demianchuk, Ukraine
E-mail: misborovyk@gmail.com
ORCID: https://orcid.org/0000-0002-8997-0577

DOI: https://doi.org/10.30525/2256-0742/2024-10-4-82-90

CONTRIBUTING ADMINISTRATIVE PROCEDURES  
IN THE SECTOR OF LEGAL RESEARCH IN THE CONTEXT  

OF THE ECONOMIC INSTABILITY AND NATIONAL SELF-IDENTITY
Liubov Bila-Tiunova1, Tetiana Bilous-Osin2, Liudmyla Borovyk3

Abstract. The article's focus is on the examination of the extant administrative procedures that contribute to the 
field of legal scientific activity. It is proposed that the thesis on the necessity of taking into account the national 
self-identity of Ukrainian legal science in the implementation of European standards for the protection of subjects 
of scientific activity be accepted. It seems appropriate to enhance the administrative procedures pertaining 
to scientific activity by: 1) Adopting the Regulation on the peculiarities of obtaining a scientific degree in the  
field of law; 2) Approving the Order on Special Requirements for Candidates for Academic Title in the Field of Law;  
3) Adopting the Concept of Grant Support for Legal Research. The methodology of the research is determined by 
the defined goal and tasks and encompasses a range of scientific knowledge methods, approaches, and actions 
aimed at acquiring new scientific insights into the determination of contributing administrative procedures of 
scientific activity. In the course of the study, a variety of methods were employed to gain insight into the nature of 
scientific knowledge, including the method of system analysis, the dialectical method, the formal-logical methods, 
the structural-functional and comparative-legal methods, as well as several empirical methods. These methods 
were used to determine the significance of the specifics of legal scientific activity for their procedural ordering. It is 
argued that a particular category of persons engaged in legal research activities can be considered to have a national 
identity in accordance with the current legislative framework and the realities of law enforcement. Concurrently, 
the author underscores that young scholars have only recently begun their careers as legal professionals and thus 
still reflect the archetypes of their mentors. It is observed that the period during which they have been positioned 
as subjects of scientific activity does not permit the conclusion that they are independent and quantitatively 
predominant. Furthermore, it is imperative that the state provides economic support, including grant funding, for 
legal research.

Keywords: state regulation, economic support of the state, grant support, scientific activity, administrative 
procedures, academic degree.

JEL Classification: H79, H81, I20

1. Introduction
The current economic instability in the state has 

resulted in an increased necessity for supplementary 
assistance in the field of scientific activity. First 
and foremost, the implementation of transparent  
procedures aimed at obtaining grant support from the 
state and the clarification of the status of scientists are 
essential. The process of European integration has 
an impact on all areas of social life that are subject to 
legal regulation. This is particularly pertinent to the  

activities of public institutions in all their forms  
and external manifestations. The enactment of 
legislation governing administrative procedures 
constitutes a laudable initiative (The Law of Ukraine 
"On Administrative Procedure", 2022).

The functioning of the state is an integral feature of 
the functioning of public authorities, encompassing 
a range of spheres of human existence. The sphere 
of legal scientific activity is no exception to this rule; 
the relevant subjects must be involved in ensuring 



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its proper functioning (namely, the Cabinet of  
Ministers of Ukraine, the Ministry of Education 
and Science of Ukraine, and higher educational  
institutions vested with executive and administrative 
powers). The relationship between the authorised  
entity and the specific regulated sphere of social 
relations is reflected in the administrative procedures 
established by the state and set out in the relevant 
normative legislation.

The normative definition of administrative procedure  
is that it is a procedure for the consideration and 
resolution of an administrative case determined 
by law. This is to ensure the exercise of the right, 
freedom or legitimate interest of a person and/or the 
fulfilment of their duties determined by law, as well 
as the protection of their right, freedom or legitimate 
interest. This is considered by an administrative 
body (The Law of Ukraine "On Administrative 
Procedure", 2022). Furthermore, the evaluation of 
an administrative procedure culminates with the  
issuance of an administrative act. Notwithstanding  
the absence of a classification of administrative 
procedures in the legislation, scholars of administrative 
law advocate for the differentiation of intervention, 
contributing, and ensuring procedures (Bityak, 
Matyukhina, Kovtun, 2021:11). All types of 
administrative procedures are intrinsic to the field of 
scientific activity. In light of the European integration 
trajectory of the Ukrainian state, this paper will  
examine the procedures that have been implemented 
with the aim of optimising scientific activities.

The objective of contributing procedures is to  
facilitate the implementation of granted rights,  
freedoms, or legitimate interests. These procedures 
are associated with the provision of services, permits, 
privileges, and certificates to individuals by public 
administration entities (Galunko, Dikhtievskyi, 
Kuzmenko, Stetsenko, 2018: 19). In the context 
of scientific activity, this will be evidenced by the  
provision of documents in the requisite format,  
attesting to the status of individuals engaged in  
scientific pursuits.

Furthermore, the selected topic's significance is 
substantiated by the juxtaposition of long-standing 
regulations and prerequisites for attaining special 
statuses by those engaged in scientific pursuits  
(the factor of national self-identity) and the 
normatively established requirements currently in force  
(the European integration factor). The convergence 
and standardisation of scientific activity, on the 
one hand, facilitates the comparison of scientific 
works; however, on the other hand, there is a risk of  
losing the individualisation of scientific research.

The purpose of this article is to identify and study 
the administrative and legal nature of facilitating 
administrative procedures. This goal necessitated 
the following tasks: 1) to identify the features which 

characterise the procedure for obtaining a scientific 
degree; 2) to highlight the most important characteristics 
of the procedure for obtaining an academic title;  
3) to characterise the status of implementation  
of the procedure for granting grant support for  
scientific activities.

To form a comprehensive approach to the 
state of implementation of the selected vectors 
of implementation of favourable administrative 
procedures in the field of scientific activity, the article 
presents statistical indicators on the application of 
the procedure for obtaining academic degrees for 
the period 2021-2023 (National Library of Ukraine 
named after V.I. Vernadskyi). Accordingly, the lowest 
number of academic titles was awarded in 2022.  
This indicates that after the procedure for obtaining  
the degrees of Candidate of Juridical Sciences and  
Doctor of Philosophy was updated, the procedure 
for obtaining this degree and the degree of Doctor of 
Science was not sufficiently tested. As of 2023, the 
practice of defending dissertations began to increase, 
which is explained by the adaptation of Ukrainian 
scientists and authorised entities to work according  
to the new standards.

The question of the impact of national identity 
and European integration is a highly pertinent one. 
It is noteworthy that identity represents a process of 
self-reflection that informs Ukraine's evolving stance 
on European integration. In the field of philosophy, 
the formation and dissemination of the concept  
of identity can be attributed to the evolution of 
contemporary philosophical and political thought, 
which has significantly impacted the individual's 
perception of their place in the world and the role  
of self-awareness in human life. However, as 
a consequence of the emergence of the concept of 
personal identity in contemporary philosophical 
discourse, the understanding of the individuality 
of legal regulation has evolved (Ilyina, 2022).  
The relationship between the global and the national  
is considered in the context of comparative education  
in terms of its major content or object of study, its  
method, its goals, and objectives. In addition, the 
differentiation of comparative education from related 
fields such as international education, educational 
development, and area studies is addressed. 
Furthermore, the impact of the growing pace of 
globalisation on the effectiveness of culture as a unit  
of comparison is discussed (Mason, Evers, 2010).

In terms of content, national identity can be  
defined as a specific collective sentiment, namely 
a self-image or understanding. Consequently, it can  
also become an integral aspect of an individual's  
personal identity, or their "sense of belonging".  
The verification of the concept of "national identity" 
is challenged by transdisciplinary and controversial 
concepts that are themselves linked to additional  



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equally complex concepts, such as nationalism, 
ethnicity, and culture ( Jan Marschelke, 2020).

The process of constructing a national identity is 
shaped by the assimilation of institutional separation, 
which is filtered through the lens of personal 
attitudes. This can be observed in the variability of 
ways of representing national identity across different  
contexts (Snegur, 2023). The present study concerns  
the existence of national identity among a specific 
category of individuals engaged in legal research 
activities in accordance with the prevailing legislation 
and the realities of law enforcement. Concurrently, 
young scholars who have recently defended their 
dissertations in the field of law exhibit the archetypes 
of their mentors. However, the relatively short period 
during which they have been engaged in scientific 
activity does not allow one to conclude that they 
are independent and quantitatively predominant. 
Furthermore, the collective number of young  
scientists in relation to the total number of individuals 
engaged in legal research is on the decline.

2. Obtaining a Research Grant:  
The Essence and Economic Component

A grant for scientific research is a specially  
contributing procedure in the field of legal research. 
The normative basis for obtaining grant support  
is the Law of  Ukraine "On Scientific and Scientific-
Technical Activities" (The Law of Ukraine “On 
Scientific and Scientific-Technical Activities”, 2015), 
the Procedure for Grant Support of Scientific and  
Scientific-Technical Activities at the Expense of 
the State Budget (The Resolution of the Cabinet of 
Ministers of Ukraine "On Approval of the Procedure 
for Grant Support of Scientific and Scientific-Technical 
Activities at the Expense of the State Budget", 2019), 
and the Procedure for Competitive Selection of 
Scientific, Scientific and Scientific-Technical Works 
to be Performed at the Expense of the State Budget  
(The Resolution of the Cabinet of Ministers of Ukraine 
"On Approval of the Procedure for Competitive 
Selection of Scientific, Scientific and Scientific-
Technical Works to be Performed at the Expense  
of the State Budget", 2018). Grant support for 
scientific and technical activities is provided to develop 
the scientific and technical potential of specialised 
educational institutions with a scientific profile 
(scientific lyceums, scientific boarding schools), 
research institutions, and higher education institutions 
(Article 59 of the Law of Ukraine "On Scientific  
and Scientific-Technical Activities" (2015)).

As with other contributing procedures in the  
field of legal research, grants for scientific research 
have a defined set of participants. The beneficiaries 
of grant support are institutions of higher education 
with a scientific profile, scientific institutions, and 

other institutions engaged in scientific research. 
Instead, the public authorities authorised to provide 
grant support (and/or grantors), which also act as 
subjects of the competitive procedure for granting 
grants for research, are the Ministry of Education and 
Science of Ukraine, the National Academy of Sciences 
of Ukraine, the National Research Foundation of 
Ukraine, national sectoral academies of sciences, 
other executive authorities, which manage budgetary  
research institutions, universities, academies, institutes.

These authorities provide financial assistance 
in the form of grants to legal entities engaged in 
activities falling within the scope of their respective 
mandates. In particular, the Ministry of Education  
and Science of Ukraine provides grant support in the 
following areas: 1) Research and development in priority 
areas of science and technology; 2) Implementation 
of projects within the framework of international  
scientific and technical co-operation; 3) Scientific 
internships for researchers, and so forth (clause 5  
of the Procedure for Grant Support of Scientific and 
Scientific-Technical Activities at the Expense of the 
State Budget) (The Resolution of the Cabinet of 
Ministers of Ukraine "On Approval of the Procedure  
for Grant Support of Scientific and Scientific-Technical 
Activities at the Expense of the State Budget", 2019).

Grant support is provided on a free and non-
refundable basis in a competitive manner. The 
procedure for competitive selection for grant 
support is developed independently by grantors in  
agreement with the Ministry of Education and  
Science of Ukraine, with due consideration of the 
requirements set forth in the Procedure for competitive 
selection of scientific, scientific and technical works 
planned to be carried out at the expense of the state 
budget (The Resolution of the Cabinet of Ministers of 
Ukraine "On Approval of the Procedure for Competitive 
Selection of Scientific, Scientific and Scientific-
Technical Works to be Performed at the Expense  
of the State Budget", 2018). The administrative 
procedure for grant support consists of several stages:

1) Decision to hold a competitive selection and 
publication of the announcement of the competitive 
selection. To receive grant support, an educational 
institution must submit an application for participation 
in the competition. A sample application form 
and other important requirements are published  
by placing an announcement on the official websites 
of the grantor and the Ministry of Education and  
Science of Ukraine. The deadline for submitting 
applications is specified in the announcement, but 
may not be less than 30 calendar days from the date 
of publication of the competition announcement 
(clause 12 of the Procedure for Competitive Selection 
of Scientific, Scientific and Scientific-Technical 
Works to be Performed at the Expense of the State  
Budget (2018));



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2) Acceptance (receipt) of applications, including 

their registration. Upon receipt of applications from 
educational institutions, a preliminary review of their 
applications for compliance with the established 
requirements is carried out. In addition, scientific 
and technical expertise may also be carried out at this 
stage. If an application is found to be inconsistent with 
the requirements set out in the competition terms, 
it is subject to rejection (clause 18 of the Procedure 
for Competitive Selection of Scientific, Scientific  
and Scientific-Technical Works to be Performed  
at the Expense of the State Budget (2018));

3) Announcement of the results of the competitive 
selection. After reviewing the applications, the list of 
grantees who have won is determined. The selection 
of the winners is recorded in the minutes of the 
competition committee. The terms and conditions 
of grant support are determined based on the results 
of the competition and are recorded in the grant  
support agreement. The term of grant support is 
determined by the terms of the competition, but may 
not exceed three years. Grant support funds may 
be used exclusively for the purposes stipulated by  
the terms of the competition and the agreement  
(clause 19 of the Procedure for Grant Support of 
Scientific and Scientific-Technical Activities at the 
Expense of the State Budget (2019)).  

The financial rationale for providing grant support 
constitutes an essential element of the evaluation of 
grant applications. This item encompasses a range of 
characteristics, including the requisite funding for 
the implementation of the project by cost item; the 
cost associated with grant support; and the funding 
allocated to individual expenditure items. In practice, 
the financial attractiveness and economic soundness of 
a project are among the primary considerations when 
determining whether to provide financial support. 
As evidenced by the statistical indicators presented  
in Table 1, the funding of scientific activity is of 
paramount importance. It is therefore advisable to 
identify and implement a training system for grant 
recipients in terms of economic literacy.

Thus, the conferral of academic titles (senior 
researcher, associate professor and professor) is an 
enabling administrative procedure, as it involves  
the involvement of public authorities in its 
implementation and ends with the adoption of an 

administrative act in the form of a certificate. The 
grant procedure is carried out on a competitive basis 
and consists of several stages: 1) making a decision 
to conduct a competitive selection and publishing 
an announcement on the competitive selection; 
2) acceptance (receipt) of applications, including 
their registration; 3) publication of the results of 
the competitive selection. The main participants 
in the procedure for obtaining a research grant are 
a higher education institution (research institution),  
the Ministry of Education and Science of Ukraine, the 
National Academy of Sciences of Ukraine, the National 
Research Foundation of Ukraine, national sectoral 
academies of sciences, and other executive authorities 
whose jurisdiction includes budgetary research 
institutions, universities, academies and institutes.

3. Obtaining a Doctor of Philosophy Degree
According to part 5 of Article 5 of the Law of  

Ukraine "On Higher Education", a Doctor of  
Philosophy is an educational and, at the same time, 
a scientific degree that is obtained at the third level 
of higher education on the basis of a master's degree 
(The Law of Ukraine "On Higher Education", 2014). 
The Law of Ukraine "On Higher Education" provides 
for the possibility of obtaining a Doctor of Philosophy 
degree within the framework of legal research and 
is specified in such bylaws as the Procedure for  
Conferring the Degree of Doctor of Philosophy and 
Cancellation of the Decision of a One-time Specialised 
Academic Council of a Higher Education Institution or 
Research Institution to Confer the Degree of Doctor 
of Philosophy (2022), the Procedure for Training 
of Higher Education Applicants for the Degrees of 
Doctor of Philosophy and Doctor of Science in Higher 
Education Institutions (Scientific Institutions) (2016), 
Requirements for Dissertation Design (2017), etc.

Obtaining a Doctor of Philosophy degree as an 
administrative procedure is a complex process that 
includes a certain list of participants, including  
public authorities, and stages with statutory deadlines 
that allow individuals to effectively implement 
their research projects, formalised in the form of 
a dissertation, and obtain a Doctor of Philosophy 
degree. According to part 2 of Article 5 of the Law 
of Ukraine "On Higher Education", the degree of  

Table 1
Financing of scientific and scientific-technical activities in 2023  
(The Official website of the Ministry of Finance of Ukraine)

No. Financing area Funding amount
1 "Academic science" 8.5 billion UAH
2 "University science" 1.1 billion UAH
3 "Industry science" 0.6 billion UAH
4 Scientific research by the institutions of the National Academy of Sciences of Ukraine 5.6 billion UAH



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Doctor of Philosophy is awarded by a one-time 
specialised academic council of a higher education 
institution or research institution based on the results 
of successful completion of the relevant educational  
and research programme by the higher education 
student and public defence of the dissertation in 
a one-time specialised academic council (The Law of  
Ukraine "On Higher Education", 2014). Thus, it is 
possible to argue for a kind of delegation of authority 
from a public authority (in particular, the Ministry 
of Education and Science of Ukraine) to a higher  
education institution or research institution to make 
a decision on awarding a Doctor of Philosophy degree.

The Procedure for Conferring the Degree of Doctor 
of Philosophy (The Resolution of the Cabinet of 
Ministers of Ukraine "On Approval of the Procedure 
for Conferring the Degree of Doctor of Philosophy 
and Cancellation of the Decision of a One-time  
Specialised Academic Council of a Higher Education 
Institution or Research Institution to Confer the  
Degree of Doctor of Philosophy", 2022) involves 
several stages of this administrative procedure.  
The first stage forms the prerequisites for a person 
to acquire the right to obtain the degree of Doctor 
of Philosophy and consists of 1) admission to 
postgraduate studies; 2) completion of the programme 
of the third (educational and scientific) level of higher 
education; 3) preparation of a scientific achievement 
in the form of a dissertation in accordance with the 
established requirements (The Order of the Ministry 
of Education and Science of Ukraine "On Approval 
of the Requirements for Dissertation Design", 2017). 
This stage means the preparation of higher education 
students for the degree of Doctor of Philosophy, 
which lasts 4 years. The participants of this stage are 
the applicant and the higher education institution 
(research institution) represented by the supervisor 
(The Resolution of the Cabinet of Ministers of  
Ukraine "On Approval of the Procedure for Training 
of Higher Education Applicants for the Degrees of  
Doctor of Philosophy and Doctor of Science in Higher 
Education Institutions (Scientific Institutions) ", 2016).

The second stage of obtaining the degree of Doctor 
of Philosophy, if the previous stage is completed,  
is the creation of conditions for a person to acquire 
the right to obtain the degree of Doctor of Philosophy.  
It includes the applicant's application to the Academic 
Council of a higher education institution (research 
institution) with a request to form a one-time 
council. However, the deadline for submitting an  
application is no more than two weeks from the  
date of receipt of the conclusion on the scientific  
novelty of the dissertation, and the deadline for 
convening a one-time Academic Council is no more 
than two months from the date of receipt of the 
applicant's application (clauses 13-14 of the Procedure 
for Conferring the Degree of Doctor of Philosophy 

(2022)). At this stage, the participants are the higher 
education student, the higher education institution 
(research institution) where the one-time academic 
council is formed, as well as the Ministry of Education 
and Science of Ukraine and the National Agency for 
Higher Education Quality Assurance. Thus, the latter 
public authority, in particular, publishes information 
on the formation of a one-time academic council, and 
the Ministry of Education and Science of Ukraine 
checks the compliance of the composition of the 
one-time academic council with the requirements  
of the law (clause 19 of the Procedure for Conferring 
the Degree of Doctor of Philosophy (The Resolution 
of the Cabinet of Ministers of Ukraine "On Approval 
of the Procedure for Conferring the Degree of Doctor 
of Philosophy and Cancellation of the Decision 
of a One-time Specialised Academic Council of a  
Higher Education Institution or Research Institution  
to Confer the Degree of Doctor of Philosophy", 2022)).

The final stage of obtaining the degree of Doctor 
of Philosophy is the adoption by the Academic 
Council of a one-time decision to confer the degree 
on the applicant, which takes place during the public  
defence of the dissertation, and the adoption of 
an administrative act in the form of a Doctor of  
Philosophy diploma. Despite the fact that the  
procedure for public defence of a dissertation is 
determined by the higher education institution  
(research institution), its general principles are 
determined at the state level. Thus, the dissertation 
defence must take place in the form of an open scientific 
discussion (between the applicant, the chairperson 
and all members of the dissertation council) and 
must be accompanied by a video recording of the 
broadcast. The meeting of the dissertation council is 
competent if it is attended by the full composition of 
the dissertation council, which consists of 5 members 
(clause 14 of the Procedure for Conferring the  
Degree of Doctor of Philosophy (The Resolution of 
the Cabinet of Ministers of Ukraine "On Approval of 
the Procedure for Conferring the Degree of Doctor 
of Philosophy and Cancellation of the Decision of 
a One-time Specialised Academic Council of a Higher 
Education Institution or Research Institution to  
Confer the Degree of Doctor of Philosophy", 2022)).

The decision to confer or refuse to confer the  
degree of Doctor of Philosophy is made by a one-time 
council by open vote. In order to confer the degree 
of Doctor of Philosophy, such a decision must be 
supported by at least four members of the dissertation 
council, and to refuse to confer the degree of Doctor 
of Philosophy – by two or more members of the 
dissertation council (clause 14 of the Procedure 
for Conferring the Degree of Doctor of Philosophy  
(The Resolution of the Cabinet of Ministers of Ukraine  
"On Approval of the Procedure for Conferring the 
Degree of Doctor of Philosophy and Cancellation 



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of the Decision of a One-time Specialised Academic 
Council of a Higher Education Institution or 
Research Institution to Confer the Degree of Doctor 
of Philosophy", 2022)). The decision is signed by 
the chairman of the dissertation council and sealed 
with the seal of the institution, indicating the results  
of the vote, and submitted to the National Agency for 
Higher Education Quality Assurance within 5 working 
days. The European-style Doctor of Philosophy  
Diploma and its supplement are issued to the applicant 
not earlier than 15 and not later than 30 calendar days 
after the issuance of the relevant order of the higher 
education institution (research institution). The final 
stage of obtaining the degree of Doctor of Philosophy is 
not subject to statutory deadlines. However, it permits 
the participants, namely the applicant for higher 
education, the higher education institution (research 
institution) represented by a one-time academic council 
and the National Agency for Quality Assurance in 
Higher Education, to be followed.

An additional stage of obtaining the degree of 
Doctor of Philosophy is the appeal procedure.  
The peculiarity is that the legislation does not provide 
for an appeal procedure against the refusal to confer 
the degree of Doctor of Philosophy, but only the 
conferral of the degree. Thus, in accordance with clause 
40 of the Procedure for Conferring the Degree of 
Doctor of Philosophy, the National Agency for Higher  
Education Quality Assurance has the right to cancel 
the decision of a one-time council to award the 
degree of Doctor of Philosophy due to violation of 
the dissertation defence procedure after consideration 
by the Appeal Commission. Within five working days  
from the date of the Appeals Committee's decision to 
cancel the decision of the dissertation council or to 
uphold the decision of the dissertation council, the 
person who filed the application for violation of the 
dissertation defence procedure, the institution and 
the person whose dissertation was considered under 
the application shall be notified (The Resolution of 
the Cabinet of Ministers of Ukraine "On Approval of 
the Procedure for Conferring the Degree of Doctor 
of Philosophy and Cancellation of the Decision of 
a One-time Specialised Academic Council of a Higher 
Education Institution or Research Institution to 
Confer the Degree of Doctor of Philosophy", 2022). 
In other words, the state body responsible for this case 
is the National Agency for Higher Education Quality 
Assurance.

Concurrently, in accordance with the Temporary 
Procedure for Awarding the Degree of Doctor of 
Philosophy, the conferral of the degree of Doctor 
of Philosophy was permitted until December 31, 
2021. During this period, the applicant was afforded 
the opportunity to appeal the decision to withhold 
the degree of Doctor of Philosophy. In accordance 
with clause 39, the applicant is entitled to appeal the  

decision of the council to refuse to confer the degree 
of Doctor of Philosophy within a period of two  
months from the date of the dissertation defence. 
This appeal may be submitted to either the higher 
education institution (research institution) where the 
council was formed or to the Ministry of Education 
and Science of Ukraine (The Resolution of the Cabinet 
of Ministers of Ukraine "On Conferring the Degree 
of Doctor of Philosophy", 2019). The procedure for 
appealing against the award of a doctoral degree is 
currently the responsibility of the National Agency  
for Quality Assurance in Higher Education. However, 
this was not always the case, as the functions in  
question were previously divided between the higher 
education institution (research institution) and the 
Ministry of Education and Science of Ukraine.

In conclusion, the attainment of a Doctor of 
Philosophy degree is a requisite administrative 
procedure that enables individuals to obtain the 
aforementioned degree and culminates in the issuance 
of an administrative document, namely a diploma. 
The procedure for obtaining a Doctor of Philosophy 
degree consists of the following stages: 1) the condition 
for acquiring the right to obtain the degree of Doctor 
of Philosophy (completion of the educational 
programme); 2) the condition for acquiring the  
right to obtain the degree of Doctor of Philosophy 
(application by the applicant with a request for 
the formation of a one-time Academic Council);  
3) the adoption by the one-time Academic Council of 
a decision on the award of the degree to the candidate 
during a public defence of a dissertation and the 
adoption of an administrative act; 4) the appeal against 
the award of the degree of Doctor of Philosophy.  
The participants in the procedure for obtaining the 
degree of Doctor of Philosophy are, at almost all 
stages, a higher education student, a higher education 
institution (research institution), a one-time academic 
council, the Ministry of Education and Science of 
Ukraine, the National Agency for Higher Education 
Quality Assurance and the Appeals Committee of the 
National Agency for Higher Education Quality Assurance.

4. Obtaining an Academic Degree
Article 54 of the Law of Ukraine "On Higher 

Education" stipulates that in Ukraine, persons engaged 
in scientific, scientific-pedagogical or scientific- 
technical activities are conferred the following  
academic titles: senior researcher, associate professor, 
and professor (The Law of Ukraine "On Higher 
Education", 2014). This list is exhaustive, and therefore 
does not imply the existence of additional academic 
titles. The legal basis for awarding academic titles to 
research and teaching staff is the Law of Ukraine "On 
Higher Education" (The Law of Ukraine "On Higher 
Education", 2014), the Procedure for Conferring 



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Academic Titles on Research and Academic Staff  
(The Order of the Ministry of Education and  
Science of Ukraine "On Approval of the Procedure 
for Conferring Academic Titles on Research and 
Academic Staff ", 2016), and the Licensing Conditions 
for Conducting Educational Activities (The Resolution 
of the Cabinet of Ministers of Ukraine "On Approval  
of the Licensing Conditions for Conducting  
Educational Activities", 2015).    

The acquisition of an academic title is not only 
a procedure within the field of legal research; it is 
also an administrative procedure that contributes 
to the promotion of legal research. This is because it  
involves the involvement of public authorities in its 
implementation and ends with the adoption of an 
administrative act. The rationale for implementing 
the process of obtaining an academic title is grounded 
in the legal requirement for higher education 
institutions to have a sufficient number of qualified 
scientific, pedagogical, and/or research personnel 
to obtain a licence to conduct educational activities.  
Additionally, the licence holder is required to have 
at least 50% of their employees with an academic  
degree and/or academic title (The Resolution of the 
Cabinet of Ministers of Ukraine "On Approval of the 
Licensing Conditions for Conducting Educational 
Activities", 2015). It illustrates that the attainment of 
an academic qualification by employees is a crucial 
prerequisite for the implementation of educational 
initiatives.

In accordance with the provisions set forth in  
the Law of Ukraine "On Higher Education" (2014), 
the academic degrees of professors, associate 
professors, and senior researchers are bestowed by 
the academic council of a higher education institution  
(or academic council of a structural unit).  The decisions 
of the relevant academic councils are approved by 
the certification board of the central executive body  
in the field of education and science in accordance  
with the procedure established by the Cabinet of 
Ministers of Ukraine. Currently, such a state body is 
the Ministry of Education and Science of Ukraine,  
and the procedure is set out in the Procedure for 
Conferring Academic Titles on Research and  
Academic Staff (The Order of the Ministry of Education 
and Science of Ukraine "On Approval of the Procedure 
for Conferring Academic Titles on Research and 
Academic Staff ", 2016). An examination of this 
regulatory act reveals the existence of several stages 
of implementation of the administrative procedure  
that is required for the attainment of an academic title.

The prerequisites for the procedure of awarding 
the academic title of professor, associate professor or  
senior researcher by research and academic staff  
are that they meet the relevant criteria (conditions). 
Depending on the level of academic rank, the 
criteria (conditions) for obtaining it differ, but the  

following are common: 1) a scientific degree of 
Doctor of Philosophy (Candidate of Sciences), Doctor 
of Sciences; 2) at least five years of scientific work 
experience; 3) a certificate of language education  
(at least B2 level) in the languages of the EU countries 
or qualification documents (higher education  
diploma, academic degree), and the like; 4) documents 
on international experience of study, internship or 
work; 5) publications in journals included in the  
Scopus or Web of Science scientometric databases 
(clause 7 of Section II. The Main Criteria for Evaluating 
the Scientific and Pedagogical or Scientific Activities 
of Applicants for Academic Titles (The Order of the 
Ministry of Education and Science of Ukraine "On 
Approval of the Procedure for Conferring Academic 
Titles on Research and Academic Staff ", 2016)).

The second stage of the procedure for obtaining 
an academic title is the review of the certification  
materials. As previously stated, the certification of 
applicants for academic titles is conducted by the 
academic councils of higher education institutions at 
a meeting of the academic council, in accordance with 
the procedure determined by the higher education 
institution.  In other words, the academic council 
itself determines the composition of the academic 
council and the terms and particulars of the review of 
certification materials. Nevertheless, specific elements 
pertaining to the attainment of an academic degree 
are delineated at the regulatory level. Accordingly,  
the assessment of attestation materials is conducted 
by the department to which the applicant is assigned, 
provided that the applicant for the academic title  
delivers an open lecture to students and receives 
a favourable evaluation (clauses 4-5 of Section II. 
Consideration of Attestation Materials (The Order 
of the Ministry of Education and Science of Ukraine  
"On Approval of the Procedure for Conferring  
Academic Titles on Research and Academic Staff ", 
2016)). The participants in this stage are the  
candidates for an academic title and the higher education 
institution (research institution), represented by the 
Academic Council.

It is noteworthy that the Procedure for Reviewing 
Attestation Cases for the Conferral of the Academic 
Ranks of Professor and Associate Professor, which 
has now lapsed, permitted external examination by 
scientific and methodological commissions under the 
Ministry of Education of Ukraine, as determined by 
the Attestation Board on the attestation cases of those 
employees lacking a doctoral degree but potentially 
eligible for the academic title of professor (The Order 
of the Ministry of Education of Ukraine "On the 
Procedure for Consideration of Attestation Cases on 
the Conferral of Academic Titles of Professor and  
Associate Professor", 1997). In accordance with the 
extant legislation of Ukraine, individuals lacking 
a doctoral degree are ineligible for the academic title of 



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professor. Consequently, this stipulation has become 
moot.

In accordance with the findings of the review of 
certification materials, the Academic Council shall 
decide whether to confer or refuse to confer an 
academic title by secret voting. A decision of the 
Academic Council shall be deemed adopted if at 
least three-quarters of the members of the Academic  
Council present at the meeting vote in favour of it. 
Once the Academic Council has resolved to bestow 
an academic title upon an applicant, the Academic 
Secretary shall prepare the attestation file within  
15 days and transmit it to the Ministry of Education  
and Science of Ukraine (clause 8 of Section II. 
Consideration of Attestation Materials (The Order 
of the Ministry of Education and Science of Ukraine  
"On Approval of the Procedure for Conferring 
Academic Titles on Research and Academic Staff ", 
2016)). This procedure is undertaken to guarantee 
that only after the certification board of the Ministry 
of Education and Science of Ukraine has approved  
the academic council's decision to confer an academic 
title will the Ministry of Education and Science 
of Ukraine issue the relevant certificates within a  
two-month period. This stage represents the 
culmination of the process for obtaining an academic 
title, culminating in the issuance of an administrative 
certificate. The participants in this stage are,  
accordingly, the applicant for an academic title, the higher 
education institution (research institution) represented 
by the Academic Council and the Certification Board of 
the Ministry of Education and Science of Ukraine.

The appeal process is an optional stage in the 
acquisition of an academic title. For a period of two 
months following the decision of the academic council 
regarding the conferral or refusal of an academic 
title, the applicant may submit an appeal to the 
academic council of the higher education institution 
or the Ministry of Education and Science of Ukraine. 
In the event that the appeal is received by the  
academic council of a higher education institution, 
an appeal commission shall be constituted within 
that body. In light of the findings of the review, the  
appeal commission formulates a conclusion, which 
serves as the foundation for the decision of the 
academic council to either grant or dismiss the appeal 
(clause 11 of Section II. Consideration of Attestation 
Materials (The Order of the Ministry of Education  
and Science of Ukraine "On Approval of the Procedure 
for Conferring Academic Titles on Research and 
Academic Staff ", 2016)). 

In conclusion, the acquisition of an academic title 
(senior researcher, associate professor, and professor) 
is an administrative procedure that contributes  
to the overall process. This procedure involves the 
involvement of public authorities and culminates in 
the issuance of an administrative act in the form of 

a certificate. The procedure for obtaining an academic 
title consists of several stages: 1) prerequisites for 
a person to acquire the right to be awarded an academic 
title (fulfilment of the relevant criteria (conditions)); 
2) review of the attestation materials by the  
Academic Council; 3) decision-making by the  
Academic Council to award or refuse to award an 
academic title; 4) appeal against the decision to award 
or refuse to award an academic title. In the majority 
of instances throughout the process of obtaining 
an academic qualification, the following parties 
are involved: the candidate, the higher education 
institution (which may also be a research institution), 
the Academic Council, the Appeal Board of the higher 
education institution (which may also be a research 
institution), and the Certification Board of the  
Ministry of Education and Science of Ukraine.

5. Conclusions
The field of juridical research is inextricably linked 

to that of public administration. The attainment of 
a doctoral degree, the acquisition of an academic 
title, and the receipt of a research grant are legal 
scientific procedures that are simultaneously classified 
as contributing administrative procedures. These 
procedures entail stages and deadlines established 
by law, participants, including public authorities, and 
the completion of an administrative act (diploma,  
certificate, etc.). It has been established that economic 
justification represents a primary criterion for the 
provision of grant support for the implementation 
of scientific activities. It is therefore advisable to give 
particular attention to the training system for grant 
recipients in terms of economic literacy.

The authors posit that a particular category of persons 
engaged in legal research activities has a national 
identity under current legislation and the realities of 
law enforcement. They also emphasise that young 
scholars have been legal professionals for a relatively 
short time and reflect the archetypes of their mentors. 
It is observed that the duration of their involvement in 
scientific activities does not permit the assertion that 
they are autonomous and quantitatively dominant. 
Furthermore, it is evident that there has been a decline 
in the overall number of young scientists engaged in 
legal research, when compared to the total number of 
subjects involved in this field of study.

Proposed improvements to administrative 
procedures in scientific activities are to be achieved 
through a process of substantive adjustment. This will 
be achieved by: 1) the adoption of the Regulation on 
the specifics of obtaining a scientific degree in law;  
2) the approval of the order on special requirements for 
candidates for a scientific degree in law; 3) the adoption 
of the Concept of grant support for legal research 
activities.



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Received on: 18th of September, 2024
Accepted on: 28th of November, 2024
Published on: 17th of December, 2024