Dual education as an effective tool for enhancing the professional competence of future lawyers

According to the EY People Advisory Services 2018 survey, 37% of job seekers surveyed reported lack of work experience and insufficient knowledge and skills [4].

The results of the CEDOS analytical study show that the vast majority of students at domestic universities do not combine their studies with work. About 27% of them work full-time while studying and 4% of national universities students work parttime (for masters these figures are 37% and 10% respectively). However, 67% of students who combine work-based learning do not work in their future professional area [11].

One of reasons for this is the conflict of interests of students and employers. For example, the latter favors skilled workers with work experience, whereas students traditionally seek work without specific experience and qualification requirements and also find that their skills acquired during training are inadequate. At the same time, the vast majority of students who work and study use the university's acquired skills (85%). This confirms the relationship between the demands of the labor market and university education. The following main ways of solving the problem of university graduates' employment are considered: retraining in other areas; encouraging young people to start and develop business; involvement in temporary work (eg public) [1]. However, all of them are not effective enough and require additional funding. One of the practical steps to encourage employers to employ graduates has been the introduction of a single social contribution payment. Thus, the Law on Employment of Population (2013) referred inpatient students receiving dual education to the employed population. A norm has been introduced whereby an employer who contributes to providing graduates with first jobs and internships for young students is entitled to the compensation for actual expenses of 50 percent of the amount of a single contribution paid for each such employee per month (Article 24) [7]. Unfortunately, this norm has not become widespread in practice.

The problem of student's employment is also relevant for European countries, which actively implement the principle of combining vocational education and practical activity, that is, dual education. E. Hanushek, the Professor of Economics at Stanford University, points out that due to dual education, Austria, Germany and Switzerland have established a close link between the educational and manufacturing sectors through intensive vocational training programs, and therefore, these countries have noticed a significant economy growth [14].

Increasing attention to dual education in Europe coincided with the 2008 crisis, which was accompanied by rising unemployment rates, particularly among people aged 25-34. Its main purpose today is to develop students' practical skills to perform professional tasks, which makes them in demand in the labor market immediately. Leading companies of Germany, Austria and Switzerland were one of the initiators of the introduction of the dual system in students' professional training. In particular, such companies as Volkswagen and Bosch fund the practical training of future professionals, who spend about 70% of their study time on production [13].

More than 50% of German students are involved in dual vocational programs and can opt one of 326 vocational training courses (from aircraft construction to maintenance of heating systems). The main idea of dual education in Germany is to integrate training in educational institutions and workplace practices. This provides young people with flexible skills. One of the important results of this approach is the lowest youth unemployment rate in Europe [15].

The effectiveness of dual education depends to a large extent on the particularities of the production processes and policies of a particular company (targeting certain categories of consumers and labor availability of branches in different countries). The introduction of a standardized model of education in different countries with significant differences in education systems is quite a challenge (different levels of basic education, length of study, etc.). Therefore, an important task is to search for students and develop certified procedures for evaluating the quality of specialist training.

At the same time, requirements for vocational education institutions providing theoretical training for students are increasing. Modern dual training programs should focus on the formation of a wide range of competencies for future professionals, enabling the employee to adapt to specific rapidly changing production conditions quickly. As a result, the effectiveness of dual education is determined by the level of cooperation between educational institutions and employers, as curricula and educational plans are formed with their participation and based on their order [10, p. 8].

The institutional framework for the implementation of dual education in Ukraine is governed by basic educational legislation. In particular, in the Law on Education, dual education forms are defined as a way of obtaining education, which involves combining the training in educational establishments (in other subjects of educational activity) with on-the-job training at enterprises, institutions and organizations for the acquisition of certain education, qualifications; such training is usually contract based (Article 9). Art. 59 of this law significantly expands the types and forms of professional development of pedagogical and scientific-pedagogical employees. In particular, there is an opportunity to study by educational programs, internships, participation in certification programs, trainings, seminars, workshops, meetings, and webinars. In addition, professional development can take many forms (institutional, dual ones, in the workplace) [8].

The Law of Ukraine «On Higher Education» defines dual education as a form of full-time education, which provides for the organization of the educational process, under which a considerable part of the volume of the educational program is performed by the contractor at enterprises, institutions and organizations. At the same time, on- the-job training involves fulfilling the job duties of the applicant in accordance with the employment contract and remuneration (Article 49) [6].

An important step towards the institutionalization of the new model of educational and vocational training was the introduction of the Concept of Training of Specialists in the Dual Education Form (Cabinet of Ministers of Ukraine, 2018). Its purpose is to develop the principles of the state policy of improving the quality of professional training on the basis of a new education form. The implementation of the concept is foreseen in several stages. At the first stage (2018-2019), it was planned to develop a regulatory framework. In the second stage (2020-2021), typical models of dual education should be developed and piloted. Creation of dual education clusters on the basis of educational establishments and enterprises of interested employers is planned during 2020-2023. The concept specifies the role of dual education subjects. In compliance with it, an educational institution, together with the employer, should develop holistic educational programs that meet the requirements of educational and professional standards, as well as ensure their high-quality acquisition by applicants.

The employer is involved in the development of curriculum and training programs for specialists, provides students with work at the enterprise or in the institution and pays financial compensation, provides them with the necessary resources and information materials to perform the work, assigns qualified mentors, and ensures compliance with the requirements set by law. Together with the educational institution they evaluate the learning outcomes in accordance with the educational program. Furthermore, they also get an opportunity to participate in the competition among the most responsible and competent graduates. The basis of training organization is the block model of distribution of hours and coordination of the content of educational training between the educational establishment and the enterprise [9].

Consequently, at the end of the first stage of implementation of the dual education concept, its legal framework was formed as a whole. However, the success of this process is determined by other factors. Let us analyze the main organizational and pedagogical difficulties in the implementation of the dual education form and the possible ways to overcome them in training future lawyers. It should be noted that surveys of employers' expectations of law school graduates relate, first of all, to their ability to think logically and critically, as well as their professional competences to solve practical problems. At the same time, the role of fundamental theoretical training in civil, criminal, administrative, labor, business law, knowledge of procedural disciplines, constitutional law and human rights, general theory of law and state is not diminished [3, p. 6].

The current standard of higher legal education (specialty 081, that is, Law, bachelor's degree) provides for vocational training of 240 ECTS credits, at least 150 of them are aimed at enhancing general and special (core) competences. At least 10 ECTS credits should be directed to practice in public and private legal entities engaged in law enforcement activities, in particular, on the basis of legal services of local self-government bodies, legislative and executive bodies, enterprises, institutions and organizations regardless of ownership as well as in courts, prosecutor's offices, and public defender's office [12].

The analysis of educational and professional programs for training lawyers in higher education institutions shows that they meet the requirements of the standard regarding the correlation of the disciplines of theoretical and practical training. In particular, 18 credits are allocated to the subjects of practical training (familiarization and professional practice) (with a minimum of 10) [5]. Instead, the Law of Ukraine “On Higher Education” stipulates that according to the dual form of training, the applicant must perform from 25 to 60 percent of the total volume of the contract-based education program at enterprises, institutions and organizations (Article 49) [6]. Thus, in order to organize a full-fledged dual education of a future lawyer, it is necessary to ensure that students acquire a practically oriented component of the educational and professional program directly in the enterprise or in an institution in the amount of 60 to 144 ECTS credits. That is, it is necessary to increase the proportion of the practical component by 3-8 times. In its turn, it requires considerable effort, which is related to the significant changes in the internal and external priorities of the educational environment.

In particular, it will require an increase in the load of practice-oriented disciplines in the curriculum structure that ensure the formation of specific professional competences (for example, drafting legal documents (contracts, procedural documents, business letters; basics of records; working with legal bases and registers; legal management; rhetoric; communication and conflict; negotiation).

In its turn, this process will require involvement of practitioners who have jurisprudence expertise in the educational process. On the other hand, there is a problem of harmonizing the schedule of the educational process at the university with the peculiarities of functioning of institutions providing a practical component of dual education as we have to take into account the specificity of their activity and status in society.