Continuation of studies at another educational institution by a person who has not completed the acquisition of the first (bachelor's) level due to expulsion without receiving a diploma is not a repeated acquisition of education – SC AdmCC

Until the moment of receiving a bachelor's diploma, a person who only has complete general secondary education exercises their right to acquire the first (bachelor's) level of higher education for the first time. If a person was expelled before completing it and did not receive a diploma, continuing studies at this level at another institution is not repeated acquisition of education and does not violate the sequence of its acquisition as provided for in Part 2 of Article 10 of the Law of Ukraine "On Education".

This conclusion was reached by the Administrative Cassation Court within the Supreme Court in case No. 200/5372/24.

The plaintiff filed a lawsuit against the Ministry of Education and Science of Ukraine (MES) seeking to declare unlawful the actions related to the formation of a certificate from the Unified State Electronic Database on Education (USEDE), issued to the plaintiff, which indicated a violation of the sequence of education acquisition. The plaintiff holds a certificate of complete general secondary education and studied at a higher education institution (a state university) from September 1, 2012, to April 1, 2015, from which he was expelled in his 3rd year. Since September 15, 2022, he has been a 3rd-year student at the first (bachelor's) level of higher education in the same specialty at another higher education institution (also a state university). To obtain a deferment from mobilization, the plaintiff received an USEDE certificate dated June 5, 2024, which noted a violation of the sequence of education acquisition. To clarify the reasons, he contacted the defendant. In a letter from the MES dated June 28, 2024, it was explained that after being expelled from the university in 2015, the plaintiff was re-enrolled in 2022 at the same level of education (bachelor's), and therefore is acquiring education in a non-sequential manner, which was reflected in the USEDE certificate. The courts of first and appellate instances refused to satisfy the claim.

The Supreme Court granted the cassation appeal, overturned the decisions of the lower-instance courts, and adopted a new court decision – to satisfy the claim.

The law does not provide a clear definition of the concept of "sequence of current education acquisition". However, from the content of Part 2 of Article 10 of the Law of Ukraine "On Education", it follows that acquiring the bachelor's level after complete general secondary education is a consistent and logical transition to a higher level of education. The law also provides that after successfully completing the educational program and passing certification, the person is awarded the corresponding degree (in particular, bachelor's) and issued a diploma. From the moment of receiving the diploma, it is considered that the person has completed their studies and acquired higher education at the corresponding level.

The circumstances established during the consideration of this case confirm that the plaintiff had not previously received any document certifying higher education, including a bachelor's degree. In other words, in this case, the plaintiff effectively continued his studies at another higher education institution starting from the same year (course) from which he had been expelled from the previous institution, in the same specialty and under the same educational program. This refutes the arguments of the defendant – upheld by the lower-instance courts – that the plaintiff was repeatedly receiving the same educational services and repeatedly forming the corresponding knowledge, skills, abilities, and general competencies at the same level of higher education. Therefore, the Supreme Court overturned the decisions of the lower-instance courts that had denied the claim, noting in particular that repeated enrollment occurs when a person again forms such knowledge, skills, abilities, and general competencies at the same level of higher education.

Furthermore, in determining the proper defendant in this case, the Supreme Court concluded that although the relevant certificate was generated and issued by the higher education institution, the procedure for its formation, as well as the hardware and software involved, are the result of the Ministry of Education and Science of Ukraine exercising its statutory powers as the holder of all information contained in the Unified State Electronic Database on Education.

Resolution of the Administrative Cassation Court of the Supreme Court dated October 29, 2025, in case No. 200/5372/24 (proceedings No. K/990/398/25) – https://reyestr.court.gov.ua/Review/131409264. 

This and other legal opinions of the Supreme Court are available in the Database of Legal Positions of the Supreme Court - https://lpd.court.gov.ua.