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Analysis of legislative problems in the field of education
after a pandemic
Iroda UMAROVA
1
Tashkent State University of Law
ARTICLE INFO
ABSTRACT
Article history:
Received December 2024
Received in revised form
15 December 2024
Accepted 20 January 2025
Available online
15 February 2025
In this article, the author analyzes legislation in the field of
education during the pandemic and investigates the extent to
which the pandemic has affected the quality of education, along
with the measures taken by the Republic of Uzbekistan to
eliminate obstacles and ensure access to education during
quarantine measures. The author examines research conducted by
foreign scholars and analyzes legislative provisions related to
education. Considering the challenges of online education, the
author compares the findings of various studies on these
difficulties. Based on the results of the analysis, the author
concludes that the the legislative framework during the pandemic
underwent reforms and was consequently transformed into a
constructive foundation for future development.
2181-
1415/©
2025 in Science LLC.
https://doi.org/10.47689/2181-1415-vol6-iss1/S-pp
This is an open access article under the Attribution 4.0 International
(CC BY 4.0) license (https://creativecommons.org/licenses/by/4.0/deed.ru)
Keywords:
Pandemic,
education,
online teaching,
lecturer,
lecturer status,
information technologies,
motivation,
legislation,
quality.
Pandemiyadan keyin ta’lim sohasidagi qonunchilik
muammolarini tahlil qilish
ANNOTATSIYA
Kalit so‘zlar
:
pandemiya,
ta’lim,
onlayn o‘qitish,
o‘qituvchi,
o‘qituvchi maqomi,
axborot texnologiyalari,
motivatsiya,
qonunchilik,
sifat.
Ushbu maqolada muallif pandemiya sharoitida ta’lim
sohasidagi qonunchilikni tahlil qiladi va pandemiyaning ta’lim
sifati qanday darajada ta’sir ko‘rsatganini, shuningdek,
O‘zbekiston Respublikasi tomonidan karantin davrida ta’limga
kirish imkoniyatini ta’minlash va to‘siqlarni bartaraf etish
uchun ko‘rilgan choralarni o‘rganadi. Muallif xorijiy olimlarning
tadqiqotlarini ko‘rib chiqadi hamda ta’limga oid qonunchilik
normalarini tahlil qiladi.
Onlayn ta’limning murakkabliklarini
hisobga olgan holda, muallif turli tadqiqotlarning natijalarini
solishtiradi. Analitik ish natijalariga asoslanib, muallif
1
Lecturer, Department Theory of State and Law, Tashkent State University of Law. E-mail: i.umarova2011@gmail.com
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pandemiya davridagi qonunchilik bazasi islohot jarayonida
bo‘lganini va kelajakda rivojlanish uchun konstruktiv maydonga
aylanganini xulosa qiladi.
Анализ законодательных проблем в сфере образования
после пандемии
АННОТАЦИЯ
Ключевые слова:
пандемия,
образование,
онлайн
-
обучение,
преподаватель,
статус преподавателя,
информационные
технологии,
мотивация,
законодательство,
качество.
В данной статье автор анализирует законодательство в
сфере образования в условиях пандемии и исследует,
насколько пандемия повлияла на качество образования, а
также какие меры были приняты Республикой Узбекистан для
устранения препятствий и обеспечения доступа к
образованию в период карантинных мер. Автор рассматривает
исследования зарубежных ученых, а также анализирует
законодательные положения, касающиеся образования.
Учитывая сложности онлайн
-
обучения, автор сравнивает
результаты различных исследований, посвященных этим
проблемам. На основе проведенного аналитического
исследования автор приходит к выводу, что законодательная
база в период пандемии находилась в процессе
реформирования и, следовательно, трансформировалась в
конструктивное поле для дальнейшего развития.
INTRODUCTION
On March 11
th
of 2020, the Director General of the World Health Organisation
Tedros Ghebreyesus declared the pandemic due to the continuous spread of the COVID-
19 around the globe. “We can conclude that the situation with COVID
-19 can be
characterized as the pandemic” –
he said during the press conference in Genève. The new
reality was challenging for the entire world. Due to the quarantine measures, production
halted same way as the economic interrelations were damaged. However, the area of
education has suffered the most, since education is the modern world is one of the most
optimal and intensive methods for humans to enter the world of culture and knowledge.
During the process of education specifically, people appreciate the importance of cultural
values. The syllabus of education takes its roots and is being constantly replenished by
the heritage of different countries and nations, from different sectors of constantly
developing science and finally from the general life of human beings.
The education environment, formed in a high school or a university, influences the
choice the communication style and behavior of a human being in a social group.
This choice will in the future determine the manner of speech and the style of behaviour
in personal and professional contacts of the adult person.
Enclosing schools and universities has a similar effect regardless of a country, time
and culture. Another problem occurring is the matter of being able to look after the
children, whose parents must be working. The easiest and most obvious solution of
hiring a nanny may not work, in light of the risk of the virus being transmitted.
Since universities are being closed, the dorms are also being closed. Henceforth,
problems with students housing are observed globally, because for some reasons they
are not able to travel back home. Students that are employed part time are experiencing
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problems with work and nutrition as well, since the majority of employers are also
closing down due to the quarantine restrictions. This work is dedicated not only to
exploring the complexities of education but also experience.
MATERIALS AND METHODS OF RESEARCH
In carrying out the research, the author used the method of comparative analysis,
presents other researchers results. The author also studies information from a variety of
sources. Considering the specifics of the subject of this article, the author elies on the
information of legal acts. In the current situation of a pandemic, the author collects data
by directly studying the phenomenon in its normal, natural conditions.
The main problem occurring when educational institutions are closed is the
difficulty in providing equal access to education, especially under the conditions of
restricted resources available to certain households. It is wrong to assume that all
students have equal access to remote studying resources and equal opportunities for
those in the current period when the educational institutions are closed. In fact, such a
crisis has a negative impact, mainly on socially vulnerable students, most of whom, live in
remote regions and do not have access to electronic devices (computers, tablets, phones)
and the Internet. Due to the current situation, educational institutions have switched to
remote learning.
According to experts, in Uzbekistan, the population is still experiencing hardship
with access to the world wide web. About a third of the population still does not have
access to the Internet. At the same time, almost 50% of the country's citizens live in rural
areas (World Bank, 2018). As of March 2020, the country ranks 133rd in the world for
mobile internet speed and 95th for fixed broadband speeds. For these reasons the
Ministry of Public Education recognizes that online learning does not provide equal
access to educational resources for all students in the country. However, with full
coverage of the territory of Uzbekistan with digital use of television broadcasting, it is
possible to use it for mass distance learning.
According to media reports, methods of distance learning for primary and
secondary education vary greatly across groups of countries with different income levels.
For example, 75% of high-income countries offer online learning platforms (YouTube
video tutorials, resource websites, online classes, etc.). Education through television and
online platforms is almost equally popular among lower- and upper-middle-income
countries. Of particular note, only 40% of low-income countries have organized any type
of distance learning. It is significant that, despite the prevalence of other types of
education, approximately 10% of all countries deliver printed teaching materials home to
their students [1].
There have been changes in the education system, and at the same time,
all educational and other related processes were transferred to online modules.
Lecturers and teachers had to familiarize with new technologies and learn how to use it.
This put a serious load on the infrastructure, and the question that was before the
pandemic about the quality of Internet connections surfaced.
During the pandemic, the government of the country (the Republic of Uzbekistan)
took many measures aimed at overcoming the negative consequences of the spread of
coronavirus among youngsters, continuing the educational process, including certain
regulations being imposed.
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Many countries prepared their own technical solutions in response to the
pandemic in a fast and efficient way. Among the most interesting: the governments of
South Korea, Japan and Lebanon have distributed interactive software to teach subjects
ranging from calculus to fitness.
More than 100 million students in China are gaining knowledge through special TV
channels. Curriculums began to be published much more often on social media and
messengers, for example, in WhatsApp.
In order to digitize all the necessary educational materials in the shortest period
possible, cooperation is being organized between government institutions, media,
technology companies, publishing businesses and the entertainment industry.
As in most other sectors, the pandemic exposes the problems and limitations of
remote management of such complex enterprises as universities. However, it must also
become a catalyst for positive changes. If the pace of digitalization of learning and
student assessment accelerates, so will the supporting education infrastructure [2].
According to a research of certain institutions, education during a pandemic, leads
to the following:
•
Learning interruptions: students are deprived of opportunities for growth and
development. This is mainly affecting students from disadvantaged backgrounds who do
not have access to education outside of school.
•
Nutrition: many children receive free or reduced price meals provided in schools.
•
Childcare problems: in the absence of alternative options, employed parents are
forced to leave their children alone, which can be dangerous to their life and health.
•
High economic costs: working parents are forced to skip work to take care of
their children, which in many cases results in lost wages and negatively affects
productivity.
•
Additional burden on the health care system: women make up the majority of
health workers and are often unable to attend work due to the need for childcare. This
means that many healthcare workers are not in the facilities where they are most needed
during the health crisis.
•
Increased pressure on schools that remain open: localized closure of some
schools burdens other schools as parents and officials redirect children to open schools,
etc. [3].
As countries prepare their responses, international collaboration is vital to sharing
the most effective approaches to support schoolchildren, students, teachers and families.
UNESCO is stepping up its efforts to ensure that this crisis fosters innovation and
inclusiveness, rather than exacerbating educational inequalities.
On March 10th 2020, UNESCO hosted a global video conference for policy-makers in
education aimed at accelerating emergency responses and sharing information on strategies
to minimize potential disruption to educational processes around the world [3].
THE RESULTS OF THE RESEARCH AND DISCUSSION
Did the 2020 pandemic have an impact on the education system in Uzbekistan? In
our opinion, yes, of course. Certain experts in the Russian Federation claim that
traditional classroom teaching will also hold its ground. For example, Elena Rogova notes,
“Thanks to modern technologies and a developed digital environment, there is not much
difference whether you read lectures in Russia or abroad, and the experience is colossal.
We have many joint projects with foreign colleagues and ideas that we have not yet
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implemented. The share of online education will grow, but the traditional teaching
format will still retain its positions, because, no matter what, the interaction between a
teacher and a student is crucial"[4].
During the pandemic, lecturers and teachers in secondary schools have both
mastered certain skills and abilities to work online through the use of Internet platforms.
However, most of them are unaware of how to use digital technologies, they experience
technical difficulties in the independent use of digital tools in the educational process,
and are often conservative about the use of those.
Undoubtedly, the role of a teacher in the educational process is invaluable. A. A.
Bogatkina's opinion is correct that in the age of technological development, a teacher
must keep pace with this progress, since now almost all the necessary and useful
information for learning is available on the Internet, and in order to use it, one need be
familiarized with basic computer skills. One can visually illustrate students the material
using a multimedia installation for better assimilation of the material [5].
Coming back to the judgment, pedagogical activity is an independent human
activity through which the transition of social experience and spiritual culture is realized
from generation to generation. In the presidential decree "On approval of the Concept for
the development of the public education system of the Republic of Uzbekistan until
2030", the main concept outlines the definition of "priority tasks of systemic reform of
general secondary and out-of-school education."
According to this decree, new horizons appear in the education system of
Uzbekistan:
•
Excelling teaching methods, phased implementation of the individualization
principles of the educational process;
•
Implementation of modern information and communication technologies and
innovative projects in the field of public education.
•
Strengthening the material and technical base of public education institutions
and increasing the efficiency of providing budget funds.
•
Introduction of modern methods and directions of out-of-school education in the
upbringing of young people and ensuring their employment.
•
Expanding the competitive environment in the public education system through
the development of public-private partnerships.
•
Implementation of five initiatives into practice, including a set of measures aimed
at creating additional conditions for teaching and raising young people.
•
A gradual increase in wages, material incentives, and social protection of
employees of secondary educational institutions to increase the attractiveness of
activities in the public education system, etc.
On September 23rd, 2020, the Law of the Republic of Uzbekistan "On Education"
was adopted. On the basis of this law, the basic principles of education were put forward,
such as: recognition of the priority of education, freedom to choose the form of obtaining
education, inadmissibility of discrimination in the field of education, ensuring equal
opportunities for education, the introduction of national and universal values in
education and upbringing, humanistic and democratic nature of education and
upbringing, continuity and continuity of education, compulsory eleven-year education
and one-year preparation for general secondary education for children from six to seven
years of age, general accessibility of education within the state educational standards and
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state educational requirements, unity and differentiation of the approach to the choice of
curriculum, education throughout a person's life, guarantee of social protection of
teachers in society, the secular nature of the education system, the promotion of
education, giftedness and talent, the combination of state and public administration in
the education system, openness and transparency in the field of educational activities.
Because the law was adopted during the pandemic, the extent to which the role of
teachers and pedagogical skills have increased can once again be appreciated. What is the
uniqueness of the teachers' skills? All activities of A.S. Makarenko was characterized by a
fighting spirit of innovation, a consistent and irreconcilable struggle against formalism,
primitivism in pedagogy, a materialistic orientation in search of the objective scientific
foundations of pedagogical skills, the most effective methods of influencing the
"educated". And he managed to achieve a lot in this direction [6].
We agree with the opinion of Sheranov, M.B. that professional knowledge is the
foundation of the formation of pedagogical skills. The content of professional knowledge
is knowledge of the taught subject, its methodology, pedagogy and psychology. The
teacher's knowledge in the field of developmental, pedagogical, general psychology and
pedagogy determines the scientific solution of complex problems of theory and practice
of the younger generation, equips teachers with the laws of the process of mastering
knowledge, skills and abilities in school, the formation of the student's personality, makes
it possible to determine the most effective foundations and methods for further
improving educational
–
educational process. Psychological and pedagogical erudition
provides the correct choice of influence based on an accurate psychological analysis of an
act, fact or phenomenon. Underestimating or neglecting these roots of high
professionalism (psychological and pedagogical knowledge) leads some teachers to craft,
cliches, primitivism, and routine [7].
INFORMATION TECHNOLOGIES
There are different opinions about whether information technology will replace
teachers. According to Dara Melnik, head of the research group at the Center of Education
Transformation at the Skolkovo Moscow School of Management, distance learning at
universities is not only a challenge but also a new opportunity. So, most universities in
the world operate intuitively. Several universities provide training sessions for teachers.
For example, Zhejiang University, one of the top Chinese universities, conducted training
for 3,670 teachers in February. At Oxford and many other universities, vacations were
used to prepare for the transition. At the same time, English-speaking teachers around
the world are gathering in spontaneous, fast-growing online communities like Online
Teaching Tips for the Plague-Averse, and emergency guides are being released. After the
quarantine, both teachers and students will return as different people. The forced
transition to distance learning will force the principles and approaches in higher
education pedagogy to be reconsidered. It would be a big mistake to teach the same
material now and in the same ways that were planned earlier, and generally perceive
online classes as a version of the standard ones. They are just different, with different
rules, etiquette, and dynamics. The first and most important thing is to avoid chaos and
fine-tune the work. University professors in those countries that switched to distance
learning earlier than Russia advise starting with a letter with a work plan, online
etiquette rules, and a list of online tools that will be used. The technical means should be
minimalistic. It is best to reach out to those who are already in use (for example, social
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media) without creating additional barriers in the form of new platforms [8]. According
to the results of a survey of specialists in October 2020 among 1200 students of Russian
schools in all districts of the Russian Federation,
…
the majority of schoolchildren (47%)
believe that digital tools cannot completely replace teachers; 39% of those surveyed
answered that after significant improvements, various platforms and services will be able
to provide education at a decent level without the participation of a teacher [9]."
It is important, along with the skill of pedagogy, to note the need and motivation of
teachers in the educational system. The current need occurred during the pandemic
almost all over the world.
According to the research conducted by Khadija Alhumaid, one distinctive feature
of face-to-face teaching is collectivism and collaboration whilst the most distinctive
feature of technology-based teaching is the lack of any feeling of collectivism or
togetherness. The psychoanalytic theory defines isolation as a defense mechanism
undertaken by the mind when individuals are caught in a context that they find
threatening or unpleasant. This is the reason why students who frequently use
technology gradually develop a feeling of safety and security when “wired” to their
gadgets, and start keeping away from all forms of social connections which may get them
disconnected. In 2001, Paul & Brier coined the word “friend sickness” to refer to the
isolation students feel when moving to college and leaving old-school friendships behind.
They pretend that technology bridges that gap in relationships and provides those young
students with the impression that those friendships have not faded away [10].
Farideh Hamidi, Maryam Meshkat, Maryam Rezaee, Mehdi Jafari share a different
opinion in their research, in particular they note that using information technologies and
their tools, especially computer ones, and planning modern training programs, such as a
virtual training program, the possibility of accelerating the distribution process
information, various recognizable and repeatable learning sources, more flexible
structure, information retrieval, and the possibility of metacognitive understanding are
provided for students, and they can use this device as a tool for their learning activities,
so this issue has significantly increased the speed and quality of learning.
High flexibility is manifested when students and teachers perform their duties [11].
MOTIVATION
It is also possible to cite examples of the measures taken by the state to create a
solid legal framework to promote teachers. Beneficially for teachers, to raise the prestige
of the teaching profession as a whole, today the draft law of the Republic of Uzbekistan
"On the status of a pedagogical worker" is being under consideration. The draft law is
under discussion, undoubtedly with the participation of the public, on the state portal
www.regulations.uz.
The draft law refers to the definition of the status of teachers and the principles of
pedagogical activity, as well as a system of advancing teachers' qualifications. The
document will enshrine the guarantees of protecting the honor and dignity of the teacher.
In particular, it is prohibited to make deductions from teachers' salaries, including
subscriptions to periodicals, as well as other deductions not provided for by law.
According to the draft law, it is not allowed to exploit teachers of educational institutions,
including work in landscaping districts and cities, collecting scrap metal and waste paper,
as well as seasonal work in agriculture and other similar work.
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Parents of students do not have the right to unreasonable interference in issues
that by their nature are part of the teacher's professional responsibilities. At the same
time, the draft law proposes to consolidate the rights of teachers to social security and
individual teaching activities. Social, legal, and material support of teachers and the
creation of the necessary conditions for them are of particular importance in improving
the quality of the education and upbringing process. In developed foreign countries, the
legal status and social protection of a teacher are also established at the level of law.
A vital area during the pandemic, according to the law, is the free vaccination of
teachers against infectious diseases during the period of their professional activity.
The issues of motivation of teaching staff are considered by many researchers. For
example, O.I. Novikova, VB Remennikov rightly point out that in any team, including
pedagogical, employees have different needs, depending on working conditions, age,
education, and personal characteristics. Nowadays, it is very difficult to effectively
manage an educational organization without achieving the involvement of a teacher,
which, in turn, is unattainable without motivation. Henceforth, the time comes for people
who are capable not only of motivation on the part of leaders, but also to a greater extent
of self-motivation. One need to just find the right internal factor, to strive for [12].
CONCLUSION
In conclusion, it is evident that education during a pandemic globally has extracted
some opportunities for development, using information technology, innovation. A type of
stress test indicated that improving education is necessary. Despite those difficulties for
pupils, students, teachers and leaders, stability, the desire for self-improvement and self-
development have remained as they are. At the beginning of the pandemic, teachers aged
50 and above were not skilled enough to be able to work with innovative training
programs. In contrast, today they have overcome these barriers. Work in universities,
schools, colleges and lyceums did not stop, and one might say changed. When talking
about the quality of education in remote mode, then the possibilities of using new and
new programs students with a more motivating aspect should be noted. Information
technologies, same as science, do not stop and develop for the better. The present time
can be regarded as a transitional period, with some experience and practice, but still, in
the context of a pandemic, legislation in education is being improved, the goals and
objectives set for the state are being intensively implemented.
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277. DOI: https://doi.org/10.47689/2181-1415-vol5-iss7/S-pp270-277
