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11.02.2009

Idea to privatize Kyiv schools is a record law breaker

   

According to specialists from the Centre for Legal Initiatives “Law-Based State”, the idea expressed by Mayor of Kyiv Leonid Chernovetsky is in contravention of the Constitution, three laws and a Constitutional Court Judgment.

At a meeting held during the last few days with representatives of educational institutions, Chernovetsky stated that he planned to privatize all educational institutions in the city.

It is not only the Constitution which in Article 53 clearly indicates how badly flawed the Mayor’s idea of his powers are, but it is the best place to start:  “Everyone has the right to education. Complete general secondary education is compulsory.  The State ensures accessible and free pre-school, complete general secondary, vocational and higher education in state and communal educational establishments; the development of pre-school, complete general secondary, extra-curricular, vocational, higher and post-graduate education, various forms of instruction; the provision of state scholarships and privileges to pupils and students. Citizens have the right to obtain free higher education in state and communal educational establishments on a competitive basis. …”

The Centre for Legal Initiatives also considers the laws which would be broken, these including the laws on pre-school education and on local self-government.  The first clearly states that any decisions to reorganize or liquidate existing communal pre-school institutions are only permitted with the agreement of the territorial community (via a general meeting), or by local referendum.  That is, not at the decision of any Mayor of Kyiv.

From information here: http://www.kyiv.osp-ua.info/index.php?newsid=14764

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