"Skliarenko, Sydorenko and partners" helped the doctor of sciences win a legal dispute with the Ministry of Education and Science and get his diploma

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14.02.2019

"Skliarenko, Sydorenko and partners" helped the doctor of sciences win a legal dispute with the Ministry of Education and Science and get his diploma

The Sixth Administrative Court of Appeal put an end to the nearly five-year conflict between the scientist, who successfully defended his thesis for the degree of Doctor of Laws, and the Ministry of Education and Science of Ukraine, which refused to issue a diploma.

Prepared a legal position on the case, and represented in the courts interests of the scientist associate partner of Skliarenko, Sydorenko and Partners, Andriy Trigub.

In 2014, a specialized academic council of one of the capital's higher educational institutions awarded a doctoral degree to a scholar on the results of a public defense of a thesis. However, the Ministry of Education and Science refused to issue a diploma.

“At the beginning of 2018, after several unsuccessful attempts to solve the problem independently with officials of the Ministry of Education and Science who refused to approve the decisions of the dissertation council in violation of the existing Order for awarding academic degrees, the scientist turned to us for legal assistance,” commented A. Trigub. “Taking into account the circumstances of the case, according to the results of the analysis of the legislation, a legal position was formed, which formed the basis of the administrative claim to the ministry.”

Recall, according to the Order of the award of scientific degrees, approved by the Cabinet of Ministers of July 24, 2013 No. 567, a high level of exactingness when examining dissertations and conducting their defense is provided by a specialized academic council. He is responsible for the soundness of the decisions made. The Ministry of Education and Science is obliged to make a decision by specialized scientific councils and to issue a diploma of a doctor or candidate of science. Only if the Council violates the requirements of the regulatory legal acts, the ministry can take appropriate measures up to the cancellation of the Council’s decision.

“The district administrative court of Kiev initially refused to satisfy the claim. But such a refusal was interpreted by us as illegal, therefore, this decision was prepared and filed an appeal,” - the lawyer said.

By the decision of February 12, 2019, the Sixth Administrative Court of Appeal fully satisfied the requirements of the appeal and ordered the Ministry of Education and Science of Ukraine to issue a Doctor of Science diploma. The decision came into force.

Recall that in 2016 A. Trigub also defended the interests of the professor, whom the PWS deprived of the right to participate in the attestation of scientific personnel for the allegedly inadequate preparation of the author of dissertation.

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