4.2 Problems of formation and use of the special fund of the Budget by institutions of higher education of Ukraine

According to the norms of Part 2 of Art. 62 of the Law of Ukraine «On Higher Education» from 01.07.2014 No. 1556–VII persons who study in higher education institutions on a full-time basis at the expense of state or local budgets, have the right to receive academic and social scholarships in the manner prescribed by law. Thus, Part 3 Art. 62 of this Law states that persons studying in institutions of higher education on a full-time basis may receive other scholarships awarded by individuals (legal entities).

Thus, the current legislation stipulates that scholarships may be awarded to individuals (legal entities). They are usually called nominal. However, the procedure for payment of such scholarships is not specified in any normative document.

The current Procedure for awarding and paying scholarships, approved by the Resolution of the Cabinet of Ministers of 12.07.2004 No. 882 (hereinafter – the Procedure No. 882), applies to persons studying in educational institutions or research institutions by state (regional) order at the expense of the general fund of the state (relevant local) budget. Clause 2 of this document only states that scholarships may be paid to pupils, students, cadets of non-military higher education institutions, trainees, clinical residents, trainee assistants and doctoral students who study in accordance with agreements concluded between educational institutions and individuals or legal entities at the expense of such persons, if provided by the terms of the agreement.

From this it can be concluded that the payment of scholarships to these persons should be provided for in the agreement concluded between educational institutions and individuals or legal entities. There is no standard form of such an agreement. At the moment, there is only a Model Agreement of an economic entity with an educational institution, enterprise, institution, organization that provides training (form No. 1), approved by the order of the Ministry of Labor and Social Policy of Ukraine dated 10.08.2010 No. 232. But this document regulates the procedure for concluding by business entities agreements on training, retraining and advanced training of employees of the business entity who are studying at the educational institution. Therefore, the issue of scholarships is not discussed in it.

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