Legislative provision of adult education in the republic of Poland and Ukraine: a comparative aspect

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Legislative provision of adult education in the republic of Poland and Ukraine: a comparative aspect

Tomasz Dabrowski Tomasz Dabrowski, PhD State Institution "Lukasiewicz Research Network - Institute of Exploitation Technology", Radom, Republic of Poland, Larysa Lukianova Larysa Lukianova, DSc (Ped.), Prof., Corresponding Member of the National Academy of Sciences of Ukraine, Ziaziun Institute of Pedagogical Education and Adult Education of the National Academy of Educational Sciences, Kyiv, Ukraine

Abstract

Background. The analytical article is devoted to the problem of legislative regulation of adult education in the Republic of Poland and Ukraine. The purpose of the article is to highlight the peculiarities of the legislative provision of adult education in both countries. The key role currently played by adult education in solving modern challenges, overcoming social inequality, is characterized and the development of this educational direction as an integral component of lifelong education is highlighted. The progressive changes that have taken place recently in the field of legal regulation in Poland and Ukraine are outlined.

Methods. The following methods were used in the research process: descriptive (description of the current legislation in the field of adult education in Poland and Ukraine), historical (identification of changes in the researched phenomenon that occurred over time), comparative (identification of common and distinctive features of legislative provision in both countries) and inductive ( formulating generalizations based on specific observations). The scientific explorations of Polish and Ukrainian scientists in the field of andragogy and adult education are characterized.

Results. Based on the results of the analysis of legislative and regulatory documents (laws, regulations, government resolutions), it was concluded that the adult education system in Poland is regulated by a set of laws, the main ones of which are the Law on the Education System and the Law on Promotion of Employment and Labor Market Institutions.

Conclusions. The importance of normative and legal provision of adult education in Ukraine is substantiated, the importance of which is strengthened by the conditions caused by the military aggression of the Russian Federation. The current legislative acts regulating individual components of adult education in Ukraine have been analyzed. The content of the draft Law on Adult Education has been revealed. A comparative analysis of the current legislative provision of adult education in Poland and Ukraine was carried out, in particular, similar and distinctive features characteristic of both countries were identified. The progressive changes that have taken place recently in the field of regulatory regulation in both countries are outlined. It has been established that the development of adult education systems in Poland and Ukraine reflects the leading general European trends and at the same time has mental features unique to them. The results of understanding the content of the study can be useful for the development of relevant legislation in both countries.

Keywords: adult education, education system, Law on Adult Education, legislative provision, lifelong learning, Republic of Poland, Ukraine.

Background

Problem statement. The general civilizational changes that took place at the end of the 20th to the beginning of the 21st century the global acceleration of social development, the increase in life expectancy, the strengthening of migration processes, the challenges that society faced during the COVID-19 pandemic and military actions have radically changed the requirements for education, increased its role both in the modernization of society in general and in the adaptation processes of citizens of each country. The specified transformations necessitated the improvement of educational policy in the context of lifelong learning.

Continuing education should open up opportunities for everyone, with different goals: providing a second or third chance in life, satisfying the desire for knowledge and beauty or improving and expanding training directly related to the requirements of professional activity along with practical training (UNESCO, 1996). One of the important indicators of the development of lifelong learning, in particular - adult education, is the level of its regulatory and legal support.

The study of the experience of European countries showed that most of them have a legal framework that specifies the goals of adult education, the principles and mechanisms of state support, the level of state responsibility, the interaction between the main subjects of the educational process, their rights and obligations, methods of coordination between various providers of educational services, as well as the principles and schemes of receiving funds from the budget (Lukianova, 2017). The choice to analyze the legislative provision of Poland and Ukraine is justified by the existence of a certain contradiction that occurs in both countries. On the one hand, the countries pay significant attention to adult education as a component of the education system, but on the other hand, there is no corresponding profile law.

Analysis of recent sources and publications. The study of the source base showed that during the last decades, Polish and Ukrainian scientists actively conducted comparative andragogical research on various aspects of adult education. The analysis of a sample of valid and unfiltered search queries made by users of search engines using the Google Trends service as of October 2023 in Poland and Ukraine proved that, according to the statistics of the Google Trends service for the last five years (2018-2023), the interest of scientists to the problem of education of adults in the specified countries is quite high and does not differ significantly (Fig. 1 and Fig. 2).

Fig. 1. Results of searches using the Google Trends service as of October 2023 in Poland

Fig. 2. Results of searches using the Google Trends service as of October 2023 in Ukraine

In order to formulate conclusions from the researched problem, various sources were analyzed - primarily legislative and regulatory documents of Poland (laws, regulations, government resolutions) and Ukraine (laws, by-laws, resolutions of the Verkhovna Rada of Ukraine, draft laws). In the researched context, the scientific explorations of Polish scientists in the field of andragogy and adult education carried out by T. Alexander, Ch. Banach, E. Vesolovska, Z. Viatrovskyi, Z. Karhul, S. Kachor, K. Liubrychynska, M. Malievskyi, M. Marchuk, L. Tomchyk, Z. Sharota and others, are of great importance. The theory of andragogy and adult education in Poland is presented in the works of B. Milerskyi, Zh. Polturzytskyi, F. Urbanchyk and others.

The work of Ukrainian scientists (O. Anishchenko, Lukianova, L. Tymchuk and others), in which the theoretical and methodological principles of the development of adult education are justified and devoted to the theoretical understanding of the specified problem in the sense of its integrity and focus on the main priority - personality. The peculiarities of the development of adult education in foreign countries are revealed as well. S. Babushko, O. Banit, N. Bidiuk, M. Dernova, O. Zhyzhko, L. Lytovchenko, O. Ohienko, N. Paziura, O. Pastushok and others focused attention on professional training of adults in the conditions of formal and informal education as well as O. Vasylenko, O. Voliarska, O. Rasskazova, I. Sahun and others.

The purpose of the article. Comparative analysis of the state of legislative regulation of adult education in Poland and Ukraine.

Methods.The following methods were used in the research process: descriptive (description of the current legislation in the field of adult education in Poland and Ukraine), historical (identification of changes in the researched phenomenon that occurred over time), comparative (identification of common and distinctive features of legislative provision in both countries) and inductive (formulating generalizations based on specific observations). The scientific explorations of Polish and Ukrainian scientists in the field of andragogy and adult education are characterized.

Presentation of the main material

The analysis of the normative and legal provision of adult education will gain greater integrity by taking into account the data on the adult education system of each of the studied countries. In general, the development of the adult education systems of both countries reflects leading Pan-European trends and at the same time has mental features unique to them.

The adult education system in Poland can be represented in two contexts. First, it is an open, flexible, multidisciplinary educational and adaptive structure, which consists of interconnected and complementary components that ensure its continuous development. Secondly, it is a social institution that performs certain social functions corresponding to the social demands of society regarding professional development and personal self-realization. The defining features of the adult education system in Poland are the accessibility, multi-vector nature of educational services and the presence of an extensive network of non-formal adult education institutions.

The modern system of adult education in Poland has a public-state character, is variable, flexible and built with taking into account the various needs of the adult population regarding lifelong learning. Its financing includes funds from various sources: structural funds, the state budget, revenues of local self-government bodies and from employers.

The system of adult education as a component (subsystem) of the Polish education system at the beginning of the 21st century radically changed the direction of its development: from a normative-regulatory to a person- oriented lifelong education paradigm. The reason for these changes is the updating of the educational regulatory framework and innovations in the country's social and educational policy. legislation education poland ukraine

Several ministries are responsible for adult education and training in Poland, but the leading role is played by the Ministry of Education and Science within the Ministry of Labor.

There is no separate law on adult education in the country's legislation. The study and analysis of the legal basis of the functioning of adult education in Poland showed that it is regulated by a set of laws, among which the key ones are the Law on the Education System ("Ustawa Z Dnia 7 Wrzesnia 1991 R. O Systemie Oswiat. Dz.U. 1991 Nr 95 Poz. 425. (1991)", 1991), as well as the Laws on Higher Professional Schools (IsAl, 1997; 2004; 2023; Labor Code, 2016) "Ustawa Z Dnia 26 Czerwca 1997 R. О Wyszych Szkotach Zawodowych. Dz.U. Nr 96, Poz. 590 Z Pon. Zm.,", 1997) Promocji Zatrudnienia I Instytucjach Rynku Pracy. ("Ustawa Z Dnia 20 Kwietnia 2004 R. O Promocji Zatrudnienia I Instytucjach Rynku Pracy. (2023).," n.d.), Labor Code ("Kodeks Pracy. Polskie Prawo Pracy Stan Prawny: Lipiec 2016 R," 2016) and other documents that have a legislative basis in education and training, professional and personal development of various categories of the adult population.

It should be emphasized that the Law on the Education System (Ustawa z dnia 7 wrzesnia 1991 r. o systemie oswiaty) (Act of Sept. 7, 1991 on the education system), which fundamentally changed the operating conditions of the Polish education system, was repeatedly updated and supplemented.

The Law emphasizes the need to prepare children and adolescents for lifelong learning, as well as the acquisition of knowledge that contributes to their implementation at the local, national and global levels (Art. 1, Cl. 11). In Art. 9 it is specified that adult education can be carried out in professional lyceums for adults, professional schools for adults and special professional schools for adults.

At the same time, the Law emphasizes that the continuity of education outside the school is ensured by a set of institutions, primarily institutions of lifelong learning, institutions of practical education and centers of retraining and advanced training, which ensure the acquisition and updating of knowledge, skills and professional qualifications (Art. 2, Cl. 3a).

In annexes to the Law on the Education System, in particular, the list of educational institutions for adult education was specified; institutions of lifelong learning and institutions of practical training in which adults can acquire new knowledge, improve skills and improve professional qualifications, were added. It is declared that continuous education ensures the development of the personality as well as the acquisition of knowledge, formation of skills and development of abilities with taking into account the needs of the labor market. This process can be carried out in the system of full-time, night, correspondence, distance learning, externship or a combination of these forms.

Important changes in the Law, introduced in June 2003, related to lifelong learning and adult education, in particular, it was about the regulation of education and advanced training of adults in extracurricular institutions. In the amendments made to the Law in 2011, in particular in Art. 8, was stated that it is possible to provide adult education in professional lyceums for adults, professional schools for adults and specialized professional schools for adults.

In 2012 legal acts came into force, which also contained changes to the Law on the Education System. The importance of these acts lies in the fact that legislative decisions regarding the organization of activities and financing of schools for adults were recorded.

Thus, an Art. 3 was supplemented with the explanation regarding schools for adults, which organize training for persons over the age of 18; lifelong learning as an adult education, as well as the acquisition and development of knowledge, skills and qualifications in extra-curricular forms for those who have completed compulsory education. Adult schools and vocational institutions or educational institutions can be united in "vocational education and professional development centers", which have the right to conduct qualification vocational courses, as well as various activities related to career guidance and professional information (Art. 62a).

The annexes state, that lifelong learning can be organized in public and private schools for adults, public and private institutions of lifelong learning, practical educational institutions, centers of education and professional training (Art. 68a). Lifelong learning can take place in-patient, extramural and also with the use of distance methods and techniques. The annexes regarding the main and additional financing of employers engaged in professional training of adults are also essential (Art. 70b).

In 2012, the Decree of the Minister of Education dated by January 11, 2012 was issued on the matter of lifelong learning in extracurricular forms ("Rozporzqdzenie Ministra Edukacji Narodowej Z Dnia 11 Stycznia 2012 R. W Sprawie Ksztatcenia Ustawicznego W Formach Pozaszkolnych", 2012).

Among the most important aspects outlined in the document, the conditions, organization and mode of lifelong learning in extracurricular forms and their types should be mentioned; conditions for the organization and conduct of qualification professional courses; ways of checking the learning results acquired as a result of the completion of education, which is carried out in separate extracurricular forms.

Let us consider other documents that also regulate issues of education and training of different categories of adults. Thus, the Law on Promotion of Employment and Labor Market Institutions dated by April 20, 2004 ("Ustawa Z Dnia 20 Kwietnia 2004; R. O Promocji Zatrudnienia I Instytucjach Rynku Pracy. (2023)", n.d.) (ISAL, 2023) sets forth provisions relating to the intensification of professional activity, which impose a number of obligations on local authorities (Ch. 10, Art. 38, Art. 39).

In addition, approaches to the training of the unemployed and mechanisms for evaluating the results of training are prescribed in order to increase their chances of getting a job, improving their qualifications or increasing their professional activity (Ch. 4, Art. 8, Art. 9; Ch. 10, Art. 35).

The document describes forms of adult education (Cl. 11, Art. 53a), training programs (Art. 53b-53d), set time limits (Art. 53e), requirements for employers (Art. 53f), etc. In particular, Cl. 14, Art. 69a and 69b prescribes the ways of directing the funds of the National Social Fund should finance the activities of improving the qualifications of employees and employers and states that in addition to the improvement of qualifications, the funds of the Fund are allocated to determine the needs of the employer in the field of lifelong learning; postgraduate courses and studies.

Important from the point of view of lifelong learning are the obligations prescribed in Polish legislation regarding training and advanced training of certain categories of adult citizens, in accordance with the requirements for their positions or professional functions. These norms are contained in various legal acts, for example, the Law "Teacher's Card" ("Ustawa Z Dnia 26 Stycznia 1982 R. Karta Nauczyciela. Ogloszono Dnia 23 Maja 2023 R. (2023). Dz. U. Z 2023 R. Poz. 984, 1234, 1586, 1672", 1982) (ISAL, (1982), the Law on the Profession of a Doctor (Ustawa z dnia 5 grudnia 1996) (Act of 5 December 1996), the Law on the Profession of a Nurse ("Ustawa Z Dnia 11 Wrzesnia 2015 (Act of 11 September 2015; R. O Zmianie Ustawy O Zawodach Piel^gniarki I Potoznej Oraz Niektorych Innych ustaw.DU 2023. Poz. 1640", 2023 R. Amending the Act on the Nursing and Midwifery Professions and Certain other Acts DU 2023, item 1640", 2023), etc.

Poland's joining the European Union prompted the urgent bringing of the state system of education and training of adults to the standards defined by the EU and international organizations OECD and UNESCO. As part of this activity, two National Development Plans were prepared.

Thus, the National Development Plan for 2004-2006 ("Ustawa Z 20 Kwietnia 2004 R. O Narodowym Planie Rozwoju. Oraz: Narodowy Plan Rozwoju Na Lata 20042006. Dokument Przyj^ty Przez Rad§ Ministrow W Dniu 14 Stycznia 2003 R. 116, Poz. 1206", 2004) (Council of Ministers, 2004) included a number of documents on the strategy of socio-economic development of Poland during the first years of EU membership. The Plan was implemented through separate Programs (sektorowe programy operacyjne (SPO)), directly related to the adult education. The main goal of these programs was to create an open society based on knowledge by providing conditions for the development of human resources through education, training and work.

The experience gained was taken into account during the preparation of the next National Development Plan for 20072013 (Wst^pny Projekt Narodowego Planu Rozwoju 20072013. Dokument Przyj^ty Przez Rad§ Ministrow 11.01.2005, 2005) (Council of Ministers, 2005). The strategic priorities outlined for this period were truly innovative and related to increasing the level of knowledge and competences through continuous education and training, the introduction of innovations due to the introduction of new areas of economic activity, support for entrepreneurs, rehabilitation and activation of people with disabilities, development of a support system for the elderly, which required care, improvement of living and working conditions.

The implementation of the National Development Plans (NDPs) led to the development of several strategies. Thus, on the basis of the last NDP, 16 programs were created - regional development strategies, which implement the recommendations for the development of lifelong learning contained in European and national documents at the regional level, taking into account the specifics of the regional labor market. Among others, this is the Strategy for the Development of Continuing Education until 2010 (Ministerstwo edukacji narodowej i sportu, 2010) (Ministry of National Education and Sports, 2010); the Strategy for the Development of Education for 2007-2013 ("Strategia Rozwoju Edukacji Na Lata 2007-2013 Prygotowana Pzrez Ministerstwo Edukacji Narodowej І Sportu W Sierpie 2005", 2005) (Ministry of National Education and Sport, 2005); the Strategy for the Development of Higher Education until 2010 ("Strategia Rozwoju Szkolnictwa Wyzszego W Polsce Do Roku 2010," 2010) (Strategy for the Development ..., 2010). The main goal of the specified Strategies was to define the role of lifelong learning (lifelong education), which is based on creating opportunities for obtaining education at any age as well as at all levels in school and out-of-school forms. The documents emphasize the need to integrate lifelong learning with the traditional education system, expand its opportunities and develop various forms, prepare special programs for different population groups, especially people with disabilities, which would contribute to increasing the level of their social and professional competencies, ensuring full functioning in society. It is worth noting that the document discussed the need to create a system of recognition of qualifications acquired within the framework of non-formal education.

The report "OECD Skills Strategy in Poland: Assessment and Recommendations, OECD Skills Study" (OECD, 2019), presented in December 2019 and adopted by the Council of Ministers in December 2020, are important documents for adult education in the context of skills acquisition as a component of state policy aimed at developing skills in accordance with the idea of lifelong learning.

The strategy is consistent with the national development management system, integrating strategic national documents (in the field of skills), namely: Strategy for Responsible Development until 2020 (with a perspective until 2030), Lifelong Learning Perspective (2013), etc.

Currently, the activities of state institutions providing lifelong adult learning are regulated by a set of current legislative acts. In particular, the Law "On Education" dated by December 14, 2016 (Ustawa Z Dnia 14 grudnia 2016 r. Przepisy wprowadzajqce ustaw^ - Prawo oswiatowe. Dz. U. z 2017 r. poz. 60, 949, 2016) (Chancellery of the Sejm, 2016); Decree of the Minister of National Education of March 19, 2019 on lifelong learning in extracurricular forms (Ministry of Public Education, 2019). (Rozporzqdzenie Ministra Edukacji Narodowej Z Dnia 14 Lutego 2019 R. Dz.U. 2019 Poz. 320.," 2019).

Among the most modern legal acts regarding the activities of adult education institutions, adopted in 2023, we should mention the Decree of the Minister of Education and Science of September 28, 2023 on the framework statutes of: a communal institution of lifelong learning, a state vocational and technical center and a state center for advanced training ("Rozporzqdzenie Ministra Edukacji i Nauki z Dnia 28 Wrzesnia 2023 R. Dz.U. 2023 Poz. 2066 ", 2023).(Minister of Education and Science, 2023). It should also be mentioned about the Decree of the Minister of Education and Science dated October 3, 2023 on amendments to the Regulation as for the possibility of studying in state or non-state schools for adults or qualifying professional courses for persons who have reached the age of 15-16 Ministerstwo Edukacji i Nauki RP (Minister of Education and Science, 2023), as well as the Decree of the Minister of Education and Science dated 06.10.2023 "On the continuation of education in extracurricular forms" ("ROZPORZADZENIE MINISTRA EDUKACJI I NAUKI Z Dnia 6 Pazdziernika 2023 R. Dz.U. 2023 Poz. 2175.," 2023) (Minister of Education and Science, 2023).

The modern system of adult education in Ukraine is increasingly gaining importance in modern Ukrainian society. Currently, the system is on the way to stability and perfection of its components.

The educational policy of Ukraine reflects national interests in the field of adult education and is oriented towards the internationalization of educational systems and world development trends. At the same time, the adult education system of Ukraine has a set of problems. In particular, rather inefficient mechanisms of management, financing and legislative provision of adult education remain, which lead to unequal opportunities for both recipients of educational services and their providers.

There is a lack of consistent state policy and coordination in the field of adult education. There is no official policy of collecting statistical data on the number of acquirers and providers of educational activities.

There is no separate law on adult education in Ukraine. However, the analysis of the current state of legislative regulation of adult education showed that it is not entirely correct to talk about the complete absence of relevant legislation in Ukraine.

Adult education in Ukraine is carried out within the legislative limits defined by the Constitution of Ukraine, the Framework Law of Ukraine "On Education" (2018) and other laws that to some extent relate to education ("On Vocational and Technical Education" (Law of Ukraine "On Vocational and Technical Education") (Verkhovna Rada of Ukraine, 1998); Law of Ukraine "On Higher Education" (Verkhovna Rada of Ukraine, 2017); Law of Ukraine "On Scientific and Scientific and Technical Activity", 2016) (Verkhovna Rada of Ukraine, 2016) and legal acts regulating the education of the working employed and unemployed population (Decree of the President of Ukraine `on Measures to Ensure the Priority Development of Education in Ukraine (On measuress to ensure ..., 2010); "Strategy for the innovative development of Ukraine for 2012-2020 in the conditions globalization challenges" ("Strategy of Innovative Development of Ukraine for 2010-2020 in the Context of Globalization Challenges") (Androschuk, et al., 2009); "National strategy for the development of education in Ukraine for 2012-2021" ("National Strategy for the Development of Education in Ukraine for the Period until 2021") (Verkhovna Rada of Ukraine, 2013).

In these and other legislative acts, adopted over the past decades, ideas aimed at the development and self-realization of the individual throughout life are declared and normalized.

However, the study of the current legislation showed that the existing mechanisms only complicate the situation, since quite often they contradict each other to a certain extent or interpret the same provision in different ways, which generally slows down the development of the domestic system of adult education.

Thus, the Law of Ukraine "On Education" (Verkhovna Rada of Ukraine, 1991) as amended (2004, 2006) defines "continuity and diversity" among the basic principles of education, although the term "adult education" itself is not used ("Law of Ukraine "On Education", 1991)

At the same time, attention is paid to postgraduate education as an independent link of the education system of Ukraine (Art. 29). The amendments to this law, introduced in 2014, refer to postgraduate education (Art. 47) and advanced training and internships for teaching and scientific-pedagogical employees (Art. 60).

The term "lifelong learning" is used in the text of the Law.

The Law of Ukraine "On the Professional Development of Employees" (27.12.2019, No. 4312-VI) (Verkhovna Rada of Ukraine, 2019). considers the informal/formal professional training of employees, defined as the training of an adult employable person involved in the process of formal or informal professional training with the aim of increasing labor productivity, development of new types of professional activity, etc. (Law of Ukraine "On Professional Development of Employees" (Verkhovna Rada of Ukraine, 2019).

Important sources for the legislative institutionalization of adult education are other guiding documents of the state educational policy adopted in Ukraine - doctrines, concepts, strategies, programs.

Thus, the Decree of the President of Ukraine "On the National Doctrine of Education Development" (2002) determined that the state policy regarding lifelong learning is carried out with taking into account global trends in the development of education throughout life, socio-economic, technological and socio-cultural changes (Presidential Decree "On the National Doctrine of Education Development" (Verkhovna Rada of Ukraine, (2002).

In 2011, the Concept of the Development of Adult Education was developed, which includes, among the main concepts, adult education, adulthood, forms of adult education (formal, non-formal and informal), adult education technologies, andragogue, labor market, social partnership (Lukianova, 2011). One of the leading principles of the development of adult education is the principle of recognizing the right to education as one of the leading fundamental human rights at any age and focusing on universal human values and ideals of humanism.

The concept defines the main aspects of updating and modernizing the socio-economic conditions for the development of adult education in Ukraine. This document raises the issue of interaction and partnership of state bodies, non-state and public organizations in ensuring the development of adult education.

In the Educational Reform Roadmap (2015-2025), which is based on the "Concept of the Development of Education of Ukraine for the period 2015-2025" there are concepts related to the field of adult education. In particular, additional education, non-formal, informal education, out-ofschool education, lifelong learning. In Cl 1.5.5, the following tasks were specified: "to develop a legal framework and mechanisms for diversifying financing of modern forms of lifelong learning, including:

• post-graduate education of employees of regulated professions (admission to and/or activity within which is regulated in a certain way by a special law or special administrative rules);

• a set of incentives for the development of various forms of non-formal education as an important factor in the growth of the country's intellectual potential;

• promotion and state support of various forms of education for persons of the "third age".

Among the measures, specified in the Roadmap is the development and adoption of the Law "On Adult Education" (Cl 2.7).

Recently, important steps have been taken in Ukraine regarding adult education. First, in 2017, the Law of Ukraine "On Education" was adopted, according to which adult education is called an integral component of the country's education system (Art. 10). For the first time in Ukrainian legislation, Article (18) "Adult Education" was included in the content of the Law, in which this educational field is considered as a component of continuous education, aimed at realizing the right of every adult to lifelong learning, taking into account his personal needs, priorities of social development and needs of the economy. Its components are named: postgraduate education; professional training of employees; retraining and/or advanced training courses; continuous professional development; any other components provided by legislation, proposed by the subject of educational activity or independently determined by the person. Note that certain provisions of the article are somewhat contradictory. In particular, advanced training courses and postgraduate education are treated as separate components of adult education. At the same time, the context further states that postgraduate education includes advanced training.

Secondly, the next important step was the preparation of the Draft Law of Ukraine "On Adult Education" (Verkhovna Rada of Ukraine, 2022), registration No. 7039). The project was developed to enact the action plan for the implementation of the Association Agreement between Ukraine and the European Union, the European Atomic Energy Community and their member states, approved by Resolution No. 1106 of the Cabinet of Ministers of Ukraine dated October 25, 2017. The project developers took into account the recommendations of the European Union from issues of development of lifelong learning, adult education, as well as domestic developments and research results on this issue.

The draft law defines the legal, organizational and economic foundations of the functioning and development of the adult education system in Ukraine, outlines the conditions for effective cooperation of interested parties in order to realize the adult's right to lifelong learning. The document emphasizes that the state supports and encourages the continuous development of the individual through the formation of the perceived need for lifelong learning, the formation of a culture of non-formal and informal education.

Let us emphasize that the content of the Law concerns various areas not previously described in the national legislation. It is about determining the legal, organizational and economic foundations of the functioning and development of the adult education system, creating conditions for effective cooperation of all subjects of the educational process, as well as realizing the right of individuals to continuous education, taking into account the priorities of social development and the demands of the economy.

The bill enshrines adult education as a separate component of education that has social value; lays the institutional basis for cooperation between the state, local self-government bodies and providers of adult education and also provides for elements of self-regulation in this field of education.

The structure of the draft law consists of 10 chapters, which contain 43 articles, final and transitional provisions (The Government Supported the Bill "On Adult Education") (Verkhovna Rada of Ukraine, 2022). The draft law is distinguished by the inclusion of new sections and articles, which regulate issues that previously did not fall under the legislative field at all or were interpreted in a completely different way. For example, the defined components of the adult education system differ significantly from those set forth in Article 18 of the Law of Ukraine on Education. In particular, 5 components are named: additional - personally oriented education and training; civil education; continuous professional development, including postgraduate education; compensatory education (this is the acquisition of any level of general secondary education by adults); formative education (acquiring professional (vocational- technical), professional pre-higher and higher education at a non-traditional age or repeatedly).

For the first time, the term "adult education provider" is officially introduced into the legislation and separate categories of adult education providers are described. For example, adult education centers (providers working on various non-formal adult education programs and perform a social function) and adult education institutions (providing adult education in a specific field). Let's emphasize one more important aspect. The draft law defines the legal mechanisms of interaction between formal and informal education of adults. For the first time, the legislative field of Ukraine includes the issue of recognition of learning results obtained through non-formal or informal education of adults for awarding full or partial educational qualifications, which is carried out by qualification centers or employers.

Special attention in the draft law is paid to professional development, in particular to the issue of encouraging employers to invest in the professional development of their employees. It is also about providing tax benefits in the event that employers provide jobs for training adults and about reducing the amount of taxes by the amount of expenses incurred for training employees. Reimbursement of the employer's expenses for the payment of wages to the employee for the period of his training (paid vacation) is also provided. For the first time, the legislative field of Ukraine includes the issue of the mechanisms of recognition of learning results obtained through non-formal or informal education of adults for the awarding of full or partial educational qualifications of formal education and recognition of the results of informal and informal learning for the assignment of professional qualifications, which is carried out by qualification centers or employers.

On February 9, 2022, the Government of Ukraine supported the draft Law "On Adult Education" (Government portal, 2022, February 9). Currently, the draft Law of Ukraine "On Adult Education" has passed public discussion, approval of interested central bodies of executive power and social partners and passed anti-corruption, regulatory and legal expertise. Taking into account modern realities, the adoption of this law is extremely important for Ukraine. Instead, further postponement of the procedure for its adoption is associated with a set of certain risks.

On February 28, 2022, the Verkhovna Rada registered an alternative draft of the Law of Ukraine "On Training and Education of Adults", registration No. 7039-1, dated by February 28, 2022. People's deputies of Ukraine became subjects of law of the legislative initiative.

Discussion and conclusions

The problem of legal provision of adult education systems in Poland and Ukraine in a comparative context was not the subject of a separate study. Instead, the generalization of the relevant experience of these countries can become a constructive source for creative use in the theory and practice of adult education both in Ukraine and in Poland, in particular, the development of legal support and management of adult education systems.

A retrospective review of the legislative provision of the adult education system in the Republic of Poland and Ukraine showed that there are no specific laws on adult education in the legislation of both countries. However, adult education, in general, as well as the issue of a systemic approach in the organization of lifelong learning, has always been the object of attention of the governments of countries.

The advisability of creating a separate law, where the competences and tasks of all interested subjects of adult education should be clearly defined, began to be discussed in Poland since the 90s of the XX century. On the other hand, in Ukraine these processes started later and were especially pronounced in the first quarter of the 21st century.

Despite the absence of a specific law, adult education, both in Poland and Ukraine, is regulated by a set of other laws. Among the key ones in Poland are the Law on the Education System and the Law on Promotion of Employment and Labor Market Institutions, there are other documents that have a legal basis for education and training of various categories of the adult population.

In Ukraine, adult education is carried out within the legislative limits defined by the Law of Ukraine "On Education" and other laws that to some extent relate to education and legal acts regulating the education of the working employed and unemployed population.

However, in contrast to Poland, the term "adult education" is not used in the mentioned legal acts; instead, postgraduate education, lifelong learning and continuous education are mentioned. And the law "On the professional development of employees" refers to the involvement of an adult employable person in the process of formal or informal professional training.

In Polish legislation, in particular, according to the Law on Education, adopted in 1991, the possibility of obtaining adult education in the formal education system (professional lyceums for adults, professional schools for adults, specialized professional schools for adults) was already specified and it was emphasized that the continuity of education can be ensured outside the school in institutions of lifelong learning, institutions of practical education and centers of retraining and advanced training, which ensure the acquisition and updating of knowledge, skills and professional qualifications.

Since 2012, legal acts entered into force, which recorded legislative decisions on the organization of activities and financing of schools for adults. The legislation also determined the basic and additional funding of employers engaged in professional training of adults. The legislation of the country stipulates obligations regarding training and advanced training of certain categories of adult citizens in accordance with the requirements for their positions or professional functions.

Currently, the activities of state institutions providing continuous adult education in the Republic of Poland are regulated by a set of current legislative acts, Decrees of the Minister of Education and Science.

In Ukraine, the specification of importance of the issue of creation and development of the adult education system, its financing at the state level, and the creation of a legislative basis was first spelled out in the Concept of the Development of Adult Education in 2011 and the Road Map of Educational Reform (2015-2025).

In Ukrainian legislation, the article "Adult Education" appeared for the first time in the updated Law of Ukraine On Education in 2017. In September 2020, the Ministry of Education and Science of Ukraine submitted the draft Law on Adult Education for public discussion.

The purpose of the Law concerns various areas not previously described in national legislation. It is about determining the legal, organizational and economic foundations of the functioning and development of the adult education system, creating conditions for effective cooperation of all subjects of the educational process, as well as realizing the rights of individuals to continuous education, taking into account the priorities of social development and the demands of the economy.

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