Implementing National-Patriotic Upbringing in the Educational Process: State of Legislative Regulation and Analysis of the Possibility of its Modernization

In this article, we examine the state of legislative regulation of national-patriotic education in Ukraine. We analyze current regulatory acts that define this work’s main directions and methods and assess their effectiveness. Additionally, we explore opportunities for updating legislation to implement national-patriotic upbringing more effectively in the educational process. We also offer recommendations for improving the regulatory framework to strengthen the patriotic orientation of education and youth upbringing.

The relevance and recent changes to legislation implementing national-patriotic upbringing in the educational process

Why is it necessary to deliberately cultivate civic identity? According to the КIIS data, before the full-scale invasion, only 65% of Ukrainians considered themselves primarily citizens of Ukraine (rather than residents of their locality, representatives of their ethnicity, citizens of Europe, etc.). In 2013, this figure was 51%. By July 2022, this proportion had risen to 85%. However, to ensure that this does not become merely a temporary “rallying around the flag,” it is necessary to pursue appropriate policies, focusing primarily on working with youth to preserve in Ukrainians a sense of community and “ownership” regarding their country in the future.

In December 2022, the Law of Ukraine, “On the Basic Principles of State Policy in the Field of Affirming Ukrainian National and Civic Identity,” was adopted. This law stipulates that the Cabinet of Ministers develop a strategy, policy, and state target program for affirming Ukrainian national and civic identity (the Concept of such a program and its draft have already been developed), and the Ministry of Education and Science include the affirmation of national and civic identity in educational standards and programs, as well as oversee national-patriotic education in schools. As noted by the Committee of the Verkhovna Rada on Youth and Sports, national-patriotic education is a part of affirming Ukrainian civic identity (with two other parts being military-patriotic education and civic education).

In June 2023, the Ministry of Education approved the Concept of national-patriotic upbringing in the education system until 2025. Subsequently, MP Oleksandr Yurchenko registered Bill No. 9654 in the Verkhovna Rada on August 28, 2023, which essentially duplicated the provisions of the current law, proposing to add to the functions of education not only developing competencies and instilling values but also national-patriotic education. Additionally, the bill proposed that the Cabinet of Ministers develop a state program for national-patriotic education and that the Ministry of Education organize the implementation of this program, already provided for by existing legislation. Therefore, the bill was rejected.

How can legal regulation of national-patriotic upbringing in education be improved?

A significant change would be the amendment of the Law “On Education” and the Law “On the Basic Principles of State Policy in the Field of Affirming Ukrainian National and Civic Identity” by providing a more detailed delineation of the competencies of the Ministry of Education and the Ministry of Youth and Sports regarding the implementation and enforcement of state policy in the field of national-patriotic education.

Currently, according to the law on affirming Ukrainian national and civic identity, the Ministry of Youth and Sports (the central executive body responsible for shaping and implementing state policy in the sphere of affirming Ukrainian national and civic identity) “participates in the development and implementation of methodologies for conducting national-patriotic, military-patriotic education, and civic education, based on the results of scientific research, international standards, and expert recommendations,” while the Ministry of Education and Science, according to the same law, “participates in the development and implementation of methodologies for national-patriotic education, military-patriotic education, and the formation of civic competencies.” These responsibilities, in our opinion, are identical. Therefore, it is worth determining who will perform this function —  the Ministry of Education or the Ministry of Youth and Sports — and make the appropriate changes to this law (eliminate duplication).

Similarly, the responsibilities regarding the “creation of online tools for the affirmation of Ukrainian national and civic identity” are pretty similar: the Ministry of Youth and Sports “ensures” this process, while the Ministry of Education and Science “participates” in it. In our opinion, online tools for affirming Ukrainian national and civic identity belong more to the realm of educational outreach activities. Therefore, this function should be fully retained by the Ministry of Education and Science.

In future legislative proposals in this area, we recommend paying attention to establishing deadlines for the Cabinet of Ministers to complete tasks related to amending regulatory acts of Ministries and other central executive bodies to bring them into compliance with the law. This will ensure better implementation of the principle of legal certainty and prevent the government from postponing this issue. 

Conclusion

As children spend most of their lives in school until age 18, schools are the primary tool for shaping world-views and instilling values, including patriotic ones. When working on future legislative initiatives on this topic, we recommend clearly delineating responsibilities between state bodies, establishing deadlines for completing tasks mandated by law, and conducting a more detailed analysis of existing regulatory acts to ensure that proposed changes are substantive and consistent.