March 10, 2013
On February 6th, Kyiv Mohyla Academy filed an appeal to the Kyiv Administrative Court of Appeals through the Regional Administrative Court of Kyiv, based on the claim that the lower court did not consider all the evidence and that the decision violated substantive and procedural law, and requested that the court overturn the lower court’s decision.
Kyiv Mohyla Academy filed an appeal in the Kyiv Administrative Court of Appeals of Kyiv, based on the claim that the Lower Court’s ruling on February 6th in favor of the Ministry of Education did not consider all the evidence and that the decision violated substantive and procedural law, and requested that the court overturn the Lower Court’s decision.
Ukraine is a signatory of the Bologna Process, which includes the principle of freedom of choice for students in selecting areas of education and specialties, the absence of obstacles for such choice, and freedom and flexibility of educational trajectory. Protocol №2 of the European Declaration on Human Rights guarantees access to education. In the event that the Court of Appeals will not return a decision in favor of Kyiv Mohyla Academy, a case will be filed with the European Court of Human Rights.
The Lower Court ruled in favor of the Ministry supporting the Ministry’s right to prohibit students to change areas of study or careers when applying to graduate programs, thus limiting freedom of choice in education. Kyiv Mohyla Academy claimed that the Ministry’s position violates the Bologna Process, and that the Ministry’s actions are an encroachment of the education process guaranteed in the Constitution of Ukraine.
Kyiv Mohyla Academy is represented by attorney Andriy Guck, who graduated from National University of Kyiv Mohyla Academy School of Law with a Master’s of Law degree with honors. Mr. Guck is an associate attorney at the Kyiv Law Firm of Logush, Borsuk, Bronfman and Kalyshevych. Mr. Guck represented Kyiv Mohyla Academy successfully in previous legal cases, and other clients in various matters. One of the firm’s partners, Dr. Lyubov Logush, is Associate Professor of Law at Kyiv Mohyla School of Law. She has a law degree from Kharkiv Law Institute, and LLM from Fordham University Law School in New York, and a PhD in Law. The firm has offices in Kyiv and Lviv, and represents major Ukrainian and foreign companies in a variety of legal matters.
Serhiy Kvit, president of Kyiv-Mohyla Academy stated , “What National University Kyiv Mohyla Academy has advocated all along is based on the provisions of the Constitution of Ukraine, where the term access to education in the third paragraph of Article 53 of the Constitution has been defined to mean that the state must create opportunities for education. Access to higher education in state and communal educational institutions means that the state must create appropriate conditions for their operation and development, and guarantee a person’s right to higher education on the basis of competition according to ability and interests, and a free choice in selecting the type of institution of higher learning, the field of study and profession, and the educational profile (item 4.2 of the Decision of the Constitutional Court of Ukraine № 5-rp/2004 on March 4, 2004).”