Probably, the legendary Shakespearean question "To be or not to be? " in the light of today's Nikolaev everyday life it would be more logical to set concerning Nikolaev uchebno - scientific institute at the Odessa national university of a name of Mechnikov.
In brief we will remind: there are two documents according to which this higher education institution has to stop the existence - the State Accreditation Commission (SAC) decision at the Ministry of Education and Science of Ukraine of November 4, and the Order of the Minister of Education of November 12, 2008.
Today, on November 24, in institute representatives of the Ministry of Education and Science, regional department of education, deputies of regional and city councils welcomed. Meeting with participation of teachers, students and their parents was held. Students prepared posters that made a meeting similar to meeting or picket.
It was necessary to wait for the beginning of meeting long - at "big guests" passed meeting in an office of the rector Vladimir Gamzy. After guests left to public, the rector reported that they "agreed in opinion that now not that time and not that situation" that the higher education institution stopped the existence.
Addressing audience, Vladimir Ilyich told that in activity of an institution certain violations by the commission of the Ministry of Education in November, 2007 are revealed. The relevant statement, the decision SAC was drawn up, there was also the relevant order. After the first check the collective directed the efforts to elimination of shortcomings. And during the second check (and it, according to him, is documented) many defects were eliminated. The head of the commission, the representative of the Ministry Aleksandra Demchenko in May at a meeting with the management of HIGHER EDUCATION INSTITUTION noted that there are positive shifts, it is necessary to stir up the activities for the concrete directions. The act wasn't signed by the former director of an institution, professor Nikolay Shityuk as he considered, as in the second act some facts weren't absolutely objectively stated, a certain bias was felt from the commission. But neither on May, nor at June meeting of SAC the question of check of higher education institution wasn't brought up.In June, 2008 the HIGHER EDUCATION INSTITUTION secured the state order almost on 100 budgetary places in the direction of training of the bachelor, the expert. That is more unexpected for teachers and students there was a decision SAC - almost in seven months after the last check - about cancellation of the license of the Odessa national university for Nikolaev uchebno - scientific institute.
- In our opinion, this decision is biased, and it is accepted without the reasoned consideration of a state of affairs in fact, - Vladimir Gamza told.
For the third day after the decision SAC to the Minister addressed scientifically - pedagogical staff of institute, the trade-union organization, students and their parents with a request objectively and deliberately to approach to the solution of a question. The decision SAC extremely negatively apprehended both regional, and the city power, deputies, the organizations of different political parties. To the Minister the chairman YEAH Alexey Garkusha and the mayor of Nikolaev Vladimir Chaika sent the letter.
Institute management, having received the corresponding order of the rector of the Odessa National university I appealed against the decision on HIGHER EDUCATION INSTITUTION closing in ekspertno - appeal council at the state committee on questions of regulatory policy and business. According to the law, the fact of submission of the appeal suspends the Ministry decree. Therefore, legally, the decree of the Minister doesn't work today.
In turn, the representative of the Ministry of Education Yury Dudnik noted that they don't know about steps of administration of institute concerning the appeal of the decision of the state accreditation commission of the Ministry of Education and Science of Ukraine. According to him, at present any messages from ekspertno - appeal council at the state committee on questions of regulatory policy and business didn't arrive.
He also emphasized that the minister directed the addresses to higher educational institutions of the region with a request to provide continuation of training to all students, irrespective of form of education, is strict on the same conditions. To students it is promised to provide the list of all higher education institutions available in the region where they can continue the training. At the same time, nobody will compel, oblige to pass into this or that educational institutions - for students there is an option. "State employees" will be provided with the same budgetary places. And for those who studied under the contract, the cost of training won't increase.
The head of law firm Vladimir Shimko who explained a situation from the legal point of view was invited to meeting.
- The law "About Licensing of Certain Types of Business Activity" provides that the order on cancellation of the license comes into force within ten days from the moment of its acceptance. If the licensee (in this case - the Odessa national university) addressed in ekspertno - appeal council of the state committee of regulatory policy and business, the order is suspended until consideration it in essence. On November 21 such statement was given. Therefore today and - the fact, and - Jure the order of the Ministry on cancellation of the license has no validity and exempts from the corresponding consequences. The committee considers this statement within 20 days. During this time it will notify the Ministry on the fact of such statement. The fact of delivery of the statement is documented.
The deputy chief of regional department of education Irina Kirichenko noted that after a release of the order of the Ministry concerning cancellation of the license of educational institution by department of education and science the letter in the Ministry with a request of carrying out additional check for the purpose of preservation of the contingent of students and teachers was prepared.
The deputy of regional council Alexander Krinichny in the performance told that as soon as there was an order of the Minister, it made inquiries to the governor, the mayor then the working group into which deputy mayors, the governor entered also was immediately created.
- To investigate quickly those facts of violation which allegedly were present at higher education institution work, is a business rather long. Together with you experts have to be engaged in it. But tension which was created the decision by SAC, arose at once, - Alexander Krinichny told. - Why the President on TV says, what it is necessary to approach deliberately to dismissal of each expert, and here suddenly unexpectedly move away two hundred people without any guarantees, and the Ministry to the right and on the left gives any letters? ! In the order established by the law the order on closing of your higher education institution isn't provided. And if it isn't provided, it is difficult for lawyers to appeal against it. Means, it is any dark, unclear game of officials in the Ministry...
He addressed to the representative of the Ministry Yury Dudnik:
- And how you can guarantee education cost? I don't believe!.. You look that on military chair is created, what conversations there are had! "If you don't pass - you won't have military chair".
G - N Krinichny expressed opinion that the minister largely set up - those people who prepared this decision.
- Why we aren't given the order against which we can appeal in court?. You - the Ministry of Education and Science, but not promotion. And act as the promotion Ministry, I don't want to tell, what! You issue the order - and don't give it that we could appeal legally against it within ten days in court, and publish the document on the websites!. What do you create? ! What do you create in our quiet city? ! You sit in Kiev for 500 km - and decided, what you have the right to decide destiny of these two thousand children? !
The deputy of regional council Anatoly Semenkov decided to approach to a question from the political point of view. According to him, military chairs are reduced because are transferred to Lviv. Legal specialties are reduced and translated "there, from where our favourite minister". He called this process by a tendency. In the performance Anatoly Semenkov it is quite transparent I hinted that it is some kind of raider capture as the Ministry didn't try to think up at all though any more - less lawful bases for HIGHER EDUCATION INSTITUTION closing.
Throughout a subject the head of student's self-government of university Yulia Drozd emphasized:
- Illegally during the intersession period the order on disbandment of educational institution and the translation of students is issued. Under the law, transfer of students to other educational institutions is possible only during the vacation period...
As deputies, such unification of all students, enormous unity round idea noted later, for the sake of one common cause in Nikolaev wasn't for a long time.
Meeting took place emotionally. Each phrase stated in protection of higher education institution, was accompanied by waves of a storm of applause and enthusiastic exclamations...