Guarantees of the right to education and restrictions on entrepreneurial freedom in the digital educational environment

the article is devoted to the analysis of legal contradictions arising in the process of digital transformation of the education system in the Russian Federation. Special attention is paid to the conflict between the constitutionally established right to education and the freedom of entrepreneurial activity, in the context of the active introduction of digital educational platforms. The purpose of the study is to identify regulatory gaps that threaten accessibility and equality in education, as well as to analyze the legal status of subjects of the digital educational space. In the course of the work, the provisions of the Constitution of the Russian Federation, the Civil Code of the Russian Federation, legislation on education, personal data and protection of competition were analyzed. Formal legal, comparative legal, and critical analytical methods served as the methodological basis. The authors identify cases of an extended interpretation of the rules governing the processing of personal data and the de facto monopoly position of a number of digital platforms. As a result, directions for improving legal regulation are proposed, including the need for legislative detailing of pricing control mechanisms, terms of public offer and requirements for digital educational products. The findings can be used in the development of new bylaws, the adjustment of current legislation and the formation of public policy in the field of digital education, aimed at ensuring equity, equal access and protection of students' rights.

the right to education, digitalization, educational platforms, freedom of contract, public offer, personal data, legal uncertainty