According to Article 64 of the Law of Ukraine “On Higher Education” the state in cooperation with employers ensures the creation of conditions for graduates of higher education to exercise the right to work, guarantees equal opportunities for choosing a place of work, type of work taking into account higher education and social needs . This law does not contain conditions for the mandatory three-year training or reimbursement in the prescribed manner to the state budget of tuition fees.<\/p>\n
Obligation to work or reimburse the cost of education by a graduate violates the constitutional right of a citizen to freely elected or to which he freely agrees (Article 43 of the Constitution of Ukraine) and the right to free higher education in state and municipal educational institutions (Article 53). Constitution of Ukraine).<\/p>\n
In September 2014. amendments to Article 52 of the Law of Ukraine \u201cOn Education\u201d came into force, according to which Part 2 of Article 52, which provided for compulsory training in the direction of graduates of higher education institutions who received education at the expense of state or local budgets, was excluded.<\/p>\n
Thus, taking into account the provisions of the Constitution of Ukraine, the Law of Ukraine “On Higher Education”, the Law of Ukraine “On Education” it should be noted that any material claims against a graduate of higher education, training, which was carried out by state order, are illegal because there are legal grounds that would oblige him to reimburse the cost of education to the state budget.<\/p>\n
In addition, there is no mechanism that would oblige a graduate of higher education, training, which was carried out by state order, to reimburse the state budget the cost of training and reimburse the customer for all costs incurred under the agreement.<\/p>\n
In order to implement the provisions of the Law of Ukraine \u201cOn Higher Education\u201d, the Resolution of the Cabinet of Ministers of Ukraine 15216 of April 15, 2015 was adopted. “On amendments to the resolution of the Cabinet of Ministers of Ukraine of August 22, 1996. \u2116992 \u201d, which abolished the rule on the obligation to work and reimbursement.<\/p>\n
At the same time, you need to pay attention to the following.<\/p>\n
In accordance with Article 5 of the Civil Code of Ukraine, acts of civil legislation regulate relations that have arisen since the date of their entry into force. If civil relations arose earlier and were regulated by an act of civil law that has expired, the new act of civil law shall apply to the rights and obligations that have arisen since its entry into force.<\/p>\n
Therefore, if a student has signed an employment agreement with the management of the higher education institution and the employer before amending the legislation governing the above relations – the student must work in the direction, otherwise he will be liable under the terms of the agreement.<\/p>","protected":false},"excerpt":{"rendered":"
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