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Violations of legislation of Ukraine in process of amalgamation of the Sumy universities and foundation of the Sumy National University


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1. Constitution of Ukraine, Article 106: initiating foundation foundation, reorganisation and liquidation of a higher educational institution does not belong to duties of a President of Ukraine.

2. The law on higher education of Ukraine, Article 27, which states that foundation,reorganisation and liquidation of a higher educational institution of the 3rd or 4th level of accreditation of the state property shall be carried out by the Cabinet of Ministers of Ukraine. So, the president of Ukraine had no right to initiate foundation of the new university. The illegal document was then given for consideration to the Prime-Minister of Ukraine.

3. The law on the budget of Ukraine for 2004, Article 30, where financing of every national university is pointed out in a separate line. The financing of the Sumy National University has not been foreseen in the budget for 2004 (its financing may be planed only in the budget for 2005)

4. Constitution of Ukraine, article 78: "National deputies of Ukraine shall not have another representative mandate or be in the civil service. Requirement concerning incompatibility of the mandate of the deputy with other types of activities are established by law." The national deputy Tzarenko has no right to head the Agrarian University as well as the new Sumy National University.

5. The edict about foundation of the Sumy National University was signed by the minister of education of Ukraine on the 1st of July, the actual "intervention" on the universities began on the 22nd of June.

6. According to the legislation of Ukraine the organisation which is being liquidated has the right to function according to its former statute for two months from the moment of liquidation. In the given case the new rector began to re-organize and dissolve chairs at the universities already on the 22nd of June. Academic staff was partly dismissed, the teachers are forced to write job applications on the name of the new "rector" Tzarenko.

7. The fact of liquidation of the Sumy State University threatens the fulfilment of international obligations of this university. The diploma of this university is recognized by a number of other states. The newly created university does not belong to the list of internationally recognized universities. The international consumer rights are being violated: the international students began studying at this university in order to become an internationally recognized diploma, now they are deprived of this possibility. They signed contracts on studying at the prestigious Sumy State University and now they have to graduate from another university that is not internationally recognised. It can cause a number of legal proceedings.


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