LEGAL EDUCATION

REFORM MAP

• updated in 2023, in connection with the events related to Russia's armed aggression against Ukraine
• updated in 2023, in connection with the events related to Russia's armed aggression against Ukraine
• updated in 2023, in connection with the events related to Russia's armed aggression against Ukraine
• updated in 2023, in connection with the events related to Russia's armed aggression against Ukraine
• updated in 2023, in connection with the events related to Russia's armed aggression against Ukraine
• updated in 2023, in connection with the events related to Russia's armed aggression against Ukraine
• updated in 2023, in connection with the events related to Russia's armed aggression against Ukraine
• updated in 2023, in connection with the events related to Russia's armed aggression against Ukraine
• updated in 2023, in connection with the events related to Russia's armed aggression against Ukraine
• updated in 2023, in connection with the events related to Russia's armed aggression against Ukraine
• updated in 2023, in connection with the events related to Russia's armed aggression against Ukraine
• updated in 2023, in connection with the events related to Russia's armed aggression against Ukraine

The success of judicial reform in Ukraine hinges on the presence of highly skilled judges of high integrity within the judiciary. The foundation of a future lawyer's conduct is established during their time at university; therefore, it is imperative that legal education in Ukraine maintains a high standard.

Presently, the state of legal education is nearing a critical point. Employers express dissatisfaction with the proficiency and abilities of graduates from law schools, while these graduates themselves exhibit poor performance in entrance examinations for master's programs. Compounding the issue is the proliferation of educational institutions offering legal training, leading to an oversupply of lawyers compared to market demand.

The armed invasion of Russia has significantly impacted the quality of legal training. Many students and faculty members from law schools were compelled to relocate to safer regions within Ukraine or abroad. Some remained in temporarily occupied territories, where access to education was severely restricted following the decision to resume educational activities. This upheaval also created financial and organisational challenges for educational institutions.

Despite some positive changes in recent years, much work remains to be done to align legal education with global best practices and to address the demand for competent judicial personnel.

Continuing the reform of legal education is crucial, including delineating clear distinctions between legal education and law enforcement training, enhancing admission criteria and licensing standards, intensifying efforts against corruption, and streamlining the network of educational institutions, all in accordance with European integration requirements for Ukraine.

Previously, we highlighted the necessity for systemic changes in legal education and put forward our own proposals. In our Legal Education Reform Map, we outline the identified problems and the requisite steps to address them.

PROBLEM 1


Lack of a comprehensive vision of building a legal education system

What’s the problem?

The Concept of Legal Education Development has not been approved. Higher legal education is indispensable for numerous positions governed by diverse legal regulations. However, the qualification criteria for roles demanding such education lack substantial basis. Forecasts regarding the demand for individuals with higher legal education are nonexistent. Furthermore, professional standards for legal professions have yet to be formulated and endorsed. The allocation of state funding for legal education falls short of both governmental and market requirements. Moreover, data regarding students students enrolled in state-funded programs in these institutions are absent from the Unified State Electronic Database on Education (USEDE).

Manifestation of the problem

In both 2021 and 2022, over 60% of the state funding designated for the education of law bachelor's degree students was allocated to educational institutions outside the purview of the Ministry of Education of Ukraine. The distribution of this state funding to such institutions occurs without wide competition. However, in 2023, there was an increase in the volume of state funding allocated for the education of lawyers.

How to solve it?

Approve the Concept of Legal Education Development and the separate law of Ukraine “On Legal Education”

Conduct a comprehensive review of all qualification prerequisites for roles necessitating higher legal education. Identify the positions genuinely mandating such education and specify the requisite degree level

Introduce the training of lawyers at the "end-to-end" master's degree

Optimise the volumes of the state funding for the training of lawyers in accordance with reasonable market needs

PROBLEM 2

Inefficient system and network of educational institutions training lawyers

What’s the problem?

In Ukraine, lawyers undergo training in numerous universities, the majority of which fail to deliver education of adequate quality. Law studies boast the highest enrollment rates compared to other disciplines. Legal education spans across various levels, including junior bachelor's, bachelor's, master's, professional junior bachelor's, and junior specialist degrees in different specialities.

A notable portion of legal professionals is trained within institutions under the purview of the Ministry of Internal Affairs, the Security Service of Ukraine, and the Ministry of Justice, which offer specialised training programs. Additionally, a substantial number of standalone structural divisions within educational institutions and colleges also conduct legal education programs.

Manifestation of the problem

According to data from the Unified State Electronic Database on Education, there are 168 higher education institutions and separate structural subdivisions preparing bachelors in the speciality 081 Law, with 121 institutions offering master's programs. Additionally, 26 educational institutions train bachelors in International Law, while 17 institutions provide master's training in this field. Furthermore, 112 institutions of professional pre-higher education train professional junior bachelors in the speciality 081 Law.

As of October 1, 2023, the Unified State Electronic Database on Education indicates that 100,060 students are enrolled in the speciality 081 "Law". Among them, 61,151 are pursuing bachelor's degrees, 20,610 are pursuing master's degrees, 18 are pursuing junior bachelor's degrees, and 18,208 are pursuing professional junior bachelors degrees. Additionally, there 71 are pursuing junior specialist degrees and 2 are pursuing specialist degrees. In speciality 293, "International Law", there are 5,141 students, with 4,063 pursuing bachelor's degrees and 1,078 pursuing master's degrees. However, a significant number of students are not accounted for in the USEDE because they are studying in higher education institutions with specific training conditions funded by the state budget.

In educational institutions with specific training conditions, 18.98% (10,094 out of 53,175) of law bachelor's students and 21.9% (2,820 out of 12,891) of law master's students are funded by individuals and legal entities. Notably, many students funded by the state in these institutions are not recorded in the USEDE.

How to solve it?

Conduct network optimisation by unifying universities and liquidating separate structural divisions of higher education institutions

Stop the training in speciality 081 "Law" in institutions with specific training conditions

Stop the training of lawyers at the level of professional preliminary education

Сhange the licensing conditions for conducting educational activities for regulated specialities to provide for special requirements for personnel and organisational support of law schools

PROBLEM 3


The law school admissions system does not guarantee the selection of motivated and capable applicants

What’s the problem?

Admission to the Faculty of Law is relatively easy due to relatively low entry requirements. The modest thresholds and competitive scores often fail to attract strong and motivated candidates for training. Certain pathways lack transparent entry mechanisms, potentially harbouring corruption risks. Moreover, institutions with specific training conditions follow a separate admission procedure, leading to unequal opportunities among applicants.

Manifestation of the problem

The minimum score required for admission to the bachelor's degree program in law was 120 points for contractual admission and 140 points for state-funded admission. In 2020, over 50% of applicants for the master's degree program in law had not previously undergone the External Independent Examination before enrolling in the bachelor's degree program. The number of individuals enrolling in bachelor's programs within educational institutions of the Ministry of Internal Affairs (MIA) system, based on full general secondary education and in full-time mode, rose by nearly two and a half times compared to 2021: increasing from 789 individuals in 2021 to 1,871 individuals in 2023 (with 1,227 individuals in 2022). In these MIA-administered educational institutions, the percentage of individuals entering the bachelor's program based on a Certificate of Completion of general secondary education with a score below 140 stands at 31.9% for full-time learning and exceeds 40% for distance learning. Additionally, the percentage of individuals entering the bachelor's program based on a junior specialist qualification with a score below 140 is 55.9% for full-time learning and 52.2% for distance learning.

How to solve it?

Establish well-founded and balanced requirements for the admission of lawyers at all educational levels

Include tests for logical, analytical, and critical thinking in the External Independent Examination system. Currently, these tests are solely accessible during admission to the master of laws degree

Establish equal conditions for admission to law schools regardless of their subordination

Make it impossible to enter law schools on all trajectories without independent testing

PROBLEM 4

The organisation of education in law schools does not meet modern challenges and market needs

What’s the problem?

A considerable portion of students pursue legal education through distance learning, which typically offers lower quality compared to full-time programs. Many law schools rely on outdated teaching methodologies, while numerous educational programs fail to align with current market demands. Ethical standards, foreign language proficiency, legal innovation tools, European Union law, and the practices of the European Court of Human Rights often receive inadequate attention. Additionally, the organisation of practical training for students suffers from conceptual flaws, hindering the acquisition of practical skills. Insufficient emphasis is placed on academic integrity and combating plagiarism.

Manifestation of the problem

According to data from the Unified State Electronic Database on Education, 32.8% of students studying law, which amounts to 32,852 out of 100,060 individuals, are enrolled in distance learning programs. Bachelors who pursued their studies through distance learning tend to perform worse in tests for admission to master's degree programs in law.

Findings from studies assessing employer opinions on the quality of legal education reveal that almost 80% express dissatisfaction with the knowledge and skills of law students. Furthermore, 82.8% of law students perceive the educational programs offered by law schools as outdated, while 66.7% indicate a lack of genuine course selection options.

How to solve it?

To transform the system of training lawyers on a distant learning basis

Provide for the mandatory (and not formal) involvement of representatives of legal communities in the development of educational programs

Create and introduce training courses focusing on legal ethics and integrity, international human rights protection, and the practices of the European Court of Human Rights (ECtHR). Foster a culture of zero tolerance towards academic dishonesty within the educational system

During the development of educational programs, prioritise components geared towards fostering practical skills, critical and analytical thinking abilities, as well as soft skills. Revise approaches to the organisation and content of student practice to ensure the acquisition of essential applied practical skills

Provide a real opportunity for students to choose educational courses

PROBLEM 5


Lack of effective and independent monitoring of learning outcomes

What is the problem?

Regular and final assessments of students often prove ineffective, resulting in varying levels of training among graduates from different law schools who subsequently obtain the same professional rights. The Unified State Qualification Exam (USQE), implemented in 2023, requires significant improvement.

Manifestation of the problem

During the 2023 Unified State Qualification Exam, 11 test tasks were disqualified. The established threshold scores are notably low, at 37 points out of 109. Consequently, over half of master's degree applicants in law fail to surpass this objectively low threshold. Almost 80% of surveyed employers have expressed concerns regarding the inadequate level of knowledge and skills possessed by law school graduates. Additionally, over 65% of judicial system employees advocate for the implementation of an independent state examination.

How to solve it?

Review and enhance the program of the Unified State Qualification Exam to ensure a balanced distribution of thematic blocks

Strengthen control over the development and proper approval of test tasks in the UQSE in order to improve their quality

Establish reasonable threshold scores when preparing the USQE

Establish transparent requirements and evaluation criteria during regular and final attestations in law schools

We firmly believe that addressing these key issues can substantially enhance the quality of legal education in Ukraine. Consequently, this will result in the recruitment of professional and ethical personnel, ultimately bolstering the integrity of the judiciary.