Mainstreaming and the growing interest of lawyers to education in modern Russia predetermined by objective existing social needs. In modern society, education is a determining factor in the social status of the person. On the one hand, the legislation guaranteed equal opportunities for education, along with the establishment of compulsory education of a certain level, contribute to the formation of uniform starting opportunities for all citizens, on the other hand, education affects the diversity of social roles and defines the social positions of individuals.

Today, education is recognized as one of the priority national projects, which means greater institutional, normative and financial activities of the state in the direction of improving the conditions of education.

Constitutional recognition of the subjective right to education and the integration of the Russian education system in the international educational space opens up opportunities for citizens in obtaining and continuing education, not only within the country but also abroad.

Russia's accession to the Bologna process speeds up the process of integration of international law governing the education sector in the Russian national legal system; actualized the need to ensure compliance with the legislation on education provisions of the international treaties of the Russian Federation.

Proclaiming by the second article of the Constitution of Russian of human rights and freedoms as higher value, the State has an obligation to establish appropriate mechanisms for implementation of the new framework of the constitutional system of modern statehood.

It is no secret that the satisfaction of legal claims of the person largely depends on the level of organization of the education system, which is reformed over a long period of time and in need of theoretical generalizations and evaluation.

In the judgment of the European Court of Human Rights (Case of Campbell and Cosans. Judgment of 25 February 1982. Publications of the European Court of Human Rights. Series A: Judgments and Decisions. Vol. 48. Strasburg. 1982) education was defined as "a single (holistic) process by which any adult community is trying to convey their beliefs, culture and other values". The author does not aim to study the definition of "education" in such a broad framework proposed by the cited decision of the European Court of Human Rights.

Education is a purposeful process of training. In the course of a person's upbringing instilled spiritual and cultural values ​​of the society, samples of normal and proper behavior, and by training, he acquires knowledge and skills necessary for life in society.

Educational activities are carried out in the interests of the individual, society and the state. This means that the educational process is aimed at ensuring the implementation of the public interest. Formation of socially active and professionally trained individual is one of the major public interests, implemented within the framework of educational activities. Thus, in the following way to determine the task given by the author of this study: to examine some of the theoretical and practical education through the lens of constitutionalism.

1. To date, the legal science there is no single or dominant approach to establishing autonomy or industry sector definition of educational law.

The most common is the view that there are three approaches to the definition of educational law (this is - in the works Minnigulova D.B. [5. P.22]; Usanova V.E. [7. P.6]):

- Recognition of the educational law as an independent branch of the law; - Assignment of educational law to complex areas of law; - The allocation of an independent branch of the education law.

N.V. Tretiak writes about the sectoral and institutional approaches to defining the location of the educational rights in the Russian legislation and law [6. p.37]:

2. The next problem is terminology.

So, the basic term "professional education" - in Article 43 of the Constitution of the Russian Federation is mentioned only once in the framework of the concept of "medium professional education". Securing of these concepts suggests that the Constitution of the Russian Federation proceeds from the existence of the phenomenon of professional education.

But its content is not legally disclosed.

A literal interpretation of the term "medium professional education" suggesting a three-stage vocational education. If the Constitution of the Russian Federation establishes the middle stage of vocational education, it is possible that it comes also from the presence of the primary and tertiary levels of professional education.

However, in this sense it is not clear the relation between the level of education (primary education, secondary education and higher education) and stage of vocational education; why test the type and kind of educational institution, the underlying definition of general education, replaced by a different approach in respect of vocational education; as a consistent concept of "professional education" to the other categories and the provisions of the Constitution and international treaties that define the legal regulation in the sphere of education and many other issues.

3. The next problem is the question of the fundamental principles of the investigated concept - on the principles of the right to education.

The author believes it is important to pay attention to the presence of the principles established by international regulations, which are not adequately securing mechanism for their implementation in national legislation. For example, the implementation of international and national law declared in the formation of principles - adaptability, unity of educational space.

Education reform has received a new round of Russia's entry into the Bologna process, has another aspect: it was the beginning and the foundation of the legal reforms in the education sector in general and in the field of legal education in particular.

Today, the Russian educational practice is growing recognition that the standard procedure of the exam does not assess individual capabilities and inclinations of the student within the chosen legal expertise they need to successfully implement strategies and professional life after graduation [2. p. 40-46].

Traditional methods to assess the knowledge and skills are not always suitable for determining the level of competence of the student and graduate.

The optimum way of forming systems for evaluating the quality of students in the implementation of the GEF-3 is a combination of the traditional approach developed in the history of the national high school, including the implementation of the SES of HPE 1st and 2nd generation, and an innovative approach that relies on experimental methods of the leading domestic teachers and modern foreign experience.

Accordingly, the evaluation of future students and graduates need to use both traditional and innovative styles, types and forms of control.

While gradually traditional means expedient to improve in line with the competency approach and innovative means adapted for widespread use in the Russian high school practice.

Came necessary to realize the close relationship of the two sides of the educational process - Educational Technology (ways and means of developing competencies), and methods for assessing degree of development of competence (appropriate evaluation tools).

Today, forms of control should more than ever be a continuation of the teaching methods, allowing students more clearly understand its achievements and shortcomings, to correct its own activity, and the teacher - to direct the activities of the student in the required direction.

According to the author, to fulfill the goals and objectives may well use the method of portfolio [1. p. 6-35].

Popular and in demand educational technology lies in line with the Bologna process - the creation of a unified European models portfolios, such as adopted by the Council of Europe "European Language Portfolio".

With regard to the Russian legal reality of education in general and legal education in particular, the author considers it necessary to focus on the legal regulation of relations in the sphere of education, in the use of portfolios. Legislated principles of continuity of education at all levels, the principle of unity of the educational space.

From the point of view of the author, it is assumed through the unity of the basic learning tools and forms of control at all levels of education (general, vocational, further and vocational training).

Probably, in the educational process and its monitoring, it is advisable to include institutions of civil society (especially voluntary associations, for which enshrines the right to education activities in a specific field, control functions) [3. p. 1524; 4 p. 117].

In conclusion, we emphasize the following.

Through the prism of reality, from the point of view of constitutional law regarding issues related to the characteristics of standard fastening education, the mechanism of the subjective right to education and some aspects of vocational education law, revealed a number of problems need to be addressed:     

determine the place and role of the set of rules to strengthen and regulate the system of education in the national legal system; terminology - filling the term "professional education" and its regulatory consolidation, relate constitutional norms and sectoral mechanisms for its implementation; the question of the fundamental principles of the investigated concept - on the principles of the right to education, their list, classifications, and mechanisms for implementation. The latter have a certain error. Some of the finer points and bottlenecks of modern standard fastening mechanism for implementing the right to education need to be resolved.

2. Komarova V.V. New forms of control knowledge as an element of the reform of legal education // Collection "problems of legal education" (Section 6), Ed. Moscow University for the Humanities, 2013.s. 40 -46.

3. Komarova V.V. Associations in the system of direct democracy // Actual problems of Russian law. 2013. № 12. S. 1523-1528.

4. Komarova V.V. Citizens' associations in the field of energy // agrarian and land law. 2013. № 7 (103). S. 116-120.

5. Minnigulova D.B. Problems concepts and structure of the educational rights // Law and Education. - M., 2009, № 4.

6. Tretiak N.V. Constitutional right to education in the Russian Federation // Dis.kand.yur.nauk. M. 2011.

7. Usanov V.E. Place and role of educational law in the legal system and the system of legislation of modern Russia: the scientific and analytical report. - M .: INIM RAO 2010.