Appeal of School Director’s Order on a Student Expulsion Shall Be Performed Pursuant to Rules of the Civil Procedure Code of Ukraine – SC GC

Plaintiff applied to court with a claim within the interests of his minor daughter, who, in his opinion, was unlawfully expelled from the boarding school of music, since she had not passed the competitive selection. The child’s father asked the court to acknowledge the relevant order of the director of the educational institution as unlawful, to oblige him to enroll his daughter at the 10^th form and to collect moral and financial damage from the school.

Circuit administrative court had partially satisfied the claimed demands, and appeal court closed proceedings in the case because the claim did not concern the protection of rights, freedoms and interests in the sphere of public-legal relations from violations on behalf of state authorities, and the boarding school of music does not have features of power entity in disputable relations established in the norms of the Code of Administrative Procedure of Ukraine.

The appeal court has also remarked that this dispute may not be solved in administrative judicial proceedings, since administrative court has no legal (legislative) possibilities to establish (acknowledge) the fulfillment of the academic calendar and requirements of curriculum by a student, compliance with internal rules of conduct by him\her, as well as the procedure of passing exams and competition.

The Grand Chamber of the Supreme Court has agreed with these opinions and has noted the following. The defendant in the case is represented by the boarding school of music; it is not a power entity in terms of the Code of Administrative Procedure of Ukraine and has not performed separate power managerial functions or delegated authority at the moment of the disputable order publication.

Besides, in the view of the claim contents, the dispute in this case concerns private-legal relations; therefore, the protection of the plaintiff’s rights and the rights of his minor daughter, within whose interests the claim has been submitted, shall be performed in civil judicial proceedings.

Follow the link, to see the full text of the Resolution of the Grand Chamber of the Supreme Court of 8 April 2020 in the case No. 463/6961/18 (proceedings No. 11-1096апп19): http://www.reyestr.court.gov.ua/Review/88952206.