To ensure proper conditions for implementing person’s right to study, the educational system has education ombudsman. The institute of education ombudsman is stipulated by Article 73 of the Law of Ukraine “On Education”.
Education ombudsman in accordance with his / her duties has the right:
- to consider appeals submitted by educational process participants and check facts presented there;
- to obtain from education institutions and education governance bodies information necessary to perform his / her functions, including information of limited access;
- to require officials and officers of public authorities, local government bodies, enterprises, institutions and organizations regardless of their property forms to review facts presented in the complaints submitted by education seekers;
- to involve counselors and advisors of education ombudsman, representatives of public authorities, local government bodies, associations of citizens, as well as experts, scientists and specialists, including on a contract basis, in request consideration;
- to analyze statutory compliance regarding educational process participants suffering from bullying (harassment), becoming its eyewitnesses or promoting bullying (harassment);
- following the results of request consideration and/or checks, to give tips to heads and/or founders of education institutions, education authorities, public authorities, local government bodies; to require them to stop violations and/or restoration of violated rights or legal interests of education seekers; to direct applications for carrying out official investigations to them; to inform law enforcement bodies of the revealed facts of law violations;
- without obstacles, to visit state authorities, local government bodies, education institutions of all levels without disturbing the educational process, as well as take part in the sessions of state authorities and local government bodies within its competences;
- to address state authorities, local government bodies, law enforcement bodies regarding the revealed facts of the violation of the human right to education and education legislation;
- to provide consultations to educational process participants;
- to present the interests of a person in court.
Education ombudsman activities are provided by the education ombudsman service:
RULES OF SUBMITTING AN APPEAL (COMPLAINT) TO EDUCATION OMBUDSMAN
Dear students, their parents and legal representatives, teaching, academic, and scientific workers, please examine the rules of submitting complaints to the Education ombudsman service!
- Applicants can submit complaints about violations of educational rules to education ombudsman.
A complaint should be submitted within 1 year after detecting the violation of rights.
- Applicants can include:
- students;
- parents, legal representatives of students;
- teaching, academic, and scientific workers.
- Applicants can submit a complaint:
- personally;
- via an authorized person if powers of the specified person are prescribed according to the law.
* When the complaint in behalf of the applicant is submitted by the authorized person, it should be accompanied by an appropriately certified copy of the document verifying the powers of this authorized person (e.g. Power of Attorney).
- The complaint can be submitted by:
- each individual person (individual complaint);
- a group of persons (collective complaint).
- The complaint is submitted by an applicant to education ombudsman in a written or electronic form.
The complaint in a written form is sent to the Service address by mail or is submitted personally, the complaint in an electronic form is sent to the Service e-mail address using means of electronic communication or via an online concern form on the website.
- The complaint should contain:
- applicant’s full name;
- applicant’s place of residence;
- description of circumstances related to the violation of rights and legal interests, as well as requirements for their restoration;
- an e-mail address where the applicant wants to receive a response, or information about other means of communication in case of submitting an electronic complaint;
- applicant’s signature;
* A digital signature is not required to send the electronic complaint.
- date of submission.
- The complaint can be supplemented by copies of documents certified in the prescribed manner, confirming the information mentioned in the complaint.
- If the applicant does not specify his/her full name, place of residence or any other information in the complaint required to make a reasonable decision, such a complaint is registered as anonymous and is not subject to consideration.
- The complaint drawn up without stated requirements is sent back to the applicant with corresponding reasoning within ten working days from the date of its receiving.
- Repeated complaints from the same applicant regarding the same issue are not considered.
- Complaints are considered no more than one month from the date of its receiving. If it is impossible to solve matters mentioned in the complaint within a month, one sets a term required to consider the complaint and informs the applicant of this issue. Besides, the general period of complaint consideration is no more than 45 calendar days.
‘The procedure and conditions of appealing to education ombudsman’ are approved by the Decree of the Cabinet of Ministers of Ukraine dd. June 6, 2018, No. 491
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