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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 6, 2018 No. 491

Some questions of the educational ombudsman

Cabinet of Ministers of Ukraine decides:

1. Approve such which are applied:

Regulations on the educational ombudsman;

Procedure and conditions of the address to the educational ombudsman.

2. Form Service of the educational ombudsman and approve the extreme number of her employees in number of 15 units.

3. Make changes which are applied to resolutions of the Cabinet of Ministers of Ukraine.

4. To the Ministry of Education and Science:

approve in accordance with the established procedure regulations on Service of the educational ombudsman and its structure;

provide in time of creation of the draft of the Government budget of Ukraine for the corresponding year the expenses necessary for providing the organization of work of Service of the educational ombudsman.

5. This resolution becomes effective from the date of its publication and is applied since January 1, 2019.

Prime Minister of Ukraine
V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 6, 2018 No. 491

Regulations on the educational ombudsman

1. The educational ombudsman is official to whom the Cabinet of Ministers of Ukraine assigns accomplishment of tasks on protection of the rights in education.

2. The educational ombudsman is appointed to position and dismissed by the Cabinet of Ministers of Ukraine on representation of the Minister of Education and Science for a period of five years without the right of repeated appointment.

3. The educational ombudsman can be person who is citizen of Ukraine, lives in Ukraine the last five years, has the higher education, work experience in education or sciences at least five years which is fluent in state language.

4. The person having criminal record, limited in capacity to act or recognized incapacitated by a court decision cannot be the educational ombudsman.

5. The educational ombudsman has no right to combine the position with any position in public authority or local government body, with the status of the People's Deputy of Ukraine, the deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, regional, district, city, district in the city, village, settlement council, with business activity, to hold any other paid position, to perform any other paid work or to receive other salary (except for implementation of teaching, scientific or creative activities and receipt of remuneration for it), and also to be part of governing body or supervisory board of the legal entity aiming at profit earning.

6. The educational ombudsman cannot take part in any political activities.

7. The educational ombudsman in the activities is guided by the Constitution and the laws of Ukraine, and also this Provision.

8. The main objectives of the educational ombudsman are:

1) assistance of realization of the state policy aimed at providing human right on receipt of quality and available education;

2) implementation of measures for compliance with law about education;

3) taking measures for providing proper conditions for equal access to education;

4) assistance to implementation of inclusive form of education;

5) assistance to accomplishment of the international obligations by Ukraine on observance in Ukraine human right for education;

6) cooperation and interaction with MON and other central executive bodies, local government bodies, organizations of formation of all levels, irrespective of pattern of ownership and subordination, governing bodies of education, law enforcement agencies, the international organizations, non-governmental public organizations on the questions which are within its competence.

9. The educational ombudsman it agrees to the tasks assigned to him has the right:

1) to consider claims and to check the facts stated in the complaints made by job seekers of education, their parents, legal representatives, and also pedagogical, scientific and pedagogical and scientists;

2) to get from organizations educations and governing bodies of education information necessary for accomplishment of the functions, including information with limited access;

3) by results of performed to make the decision concerning justification or groundlessness of the claim and on its basis to make recommendations to organizations of education, governing bodies of education, to notify law enforcement agencies on the elicited facts of violation of the law;

4) freely in the procedure established by the law to visit public authorities, local government bodies, organizations of formation of all levels, irrespective of pattern of ownership, and also to participate in accordance with the established procedure in meetings of state bodies on the questions which are within its competence;

5) to address to public authorities, law enforcement agencies concerning the elicited facts of violation of human right on education and legislations in education;

6) to provide consultations to job seekers of education, their parents, legal representatives, and also pedagogical, scientific and pedagogical and to scientists;

7) to represent the interests of person in court.

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