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Publication date: 08.05.2024
LEGAL CONCLUSION (Analysis, consultation, evaluation. legal analysis of the situation, lawyer's consultation, lawyer's consultation)
regarding the loss of the curriculum, score book,
credit and exam information and academic certificate, etc.
Legal analysis of the situation by a lawyer on the issue of "loss of the record book".
The record book (hereinafter referred to as the record book) certifies an individual within the educational institution.
The lost ZK can be used for selfish purposes by third parties, and this can lead to undesirable consequences, up to entering the institution of persons who represent a terrorist threat.
That is, the loss of the ZK can cause damage to both the student and the university.
In case of a student's complaint, the Ministry of Education and Culture may initiate an investigation, the consequences of which may be the onset of liability, both in the form of deprivation of rights/benefits, as well as financial.
According to Articles 364 and 367 of the Criminal Code of Ukraine, if the damage exceeds UAH 1,700, a crime will be committed - official negligence.
Dean, according to the disposition of Art. 367 of the Criminal Code of Ukraine, and taking into account the university's internal documents (regulations), the contract, is an official.
The student's personal file is kept in the personnel department. From this follows the need to include the head of the personnel department in the working group.
Therefore, the working group should include:
- Vice-rector for scientific-pedagogical and methodical work - heads the commission;
- Acting dean - member;
- Head of the personnel department, member;
- Specialist of educational and methodical (? Is it true, which one exactly?) member.
Issuance of an academic certificate and the person responsible for it are indicated in the relevant provision, for example, "On the procedure for filling out, printing, issuing and accounting for HE documents and their appendices."The regulation most often establishes that the responsibility for issuing an academic certificate rests with the dean.
From the contents of Regulation No. 70 and other local legal documents, it can be seen that the current dean had to receive all the necessary documents from the previous one.
According to Part 2, Clause 222, Instructions on record keeping... 2022, the heads of structural units of the university and employees responsible for the organization of record keeping in the units are obliged to ensure the storage of documents and files.
If, upon taking office, the new dean did not discover the absence of documents and did not declare it, he is considered to have accepted the case in good standing. But the current dean is also responsible for the organization of administration at the faculty. This means that you can be prosecuted for violating labor discipline.
According to part 2 of Art. 148 of the Criminal Code of Ukraine, a disciplinary sanction cannot be imposed later than six months from the date of the commission of the misdemeanor.
The loss of the documents in question must be recorded by the act of the commission and serve as a basis for applying responsibility in the form of disciplinary sanctions, both to the new dean and to the previous one.
However, from the cited part 2 of Art. 148 of the Code of Criminal Procedure of Ukraine, it is understood that the misdemeanor, which consists in the non-acceptance of documents by the new dean and non-handover (loss of documents) by the previous dean, and this happened a year ago - six months have passed.
Therefore, applying responsibility to both of them based on these facts will be illegal and may be challenged in court.
Summarizing what was stated, recommended, based on the results of the detailed inspection and work of the commission:
1. draw up an act recording:
- absence or presence of documents,
- identify the persons guilty of this and provide recommendations on bringing the guilty persons to justice;
- write down the result of the commission's work - recovery or obtaining duplicates, etc.
2. take measures to explain to officials whose positions are related to the storage of documents about the need to carefully store them, hand them over and accept them in case of dismissal - acceptance of the position (make a memo and hand it over for signature)
As part of the action of the commission (working group), it is necessary to request an explanation from the previous dean on the disputed issue. You can write an e-mail and send it to the secretary, who must hand over to Ishchenko a letter from the vice-rector, who is obliged to give her an explanation.
Excerpt from legislation:
Article 367. Official negligence
1.Official negligence, i.e. non-performance or improper performance by an official of his official duties due to a dishonest attitude towards them, which caused significant damage to the legally protected rights, freedoms and interests of individual citizens, state or public interests or the interests of individual legal entities, -
shall be punished by a fine from two thousand to four thousand non-taxable minimum incomes of citizens or by corrective labor for a term of up to two years, or by restriction of freedom for a term of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
2. The same act, if it caused grave consequences, -
shall be punished by deprivation of liberty for a term of two to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years and with a fine of two hundred and fifty to seven hundred and fifty tax-free minimum incomes of citizens or without such.
According to parts 3, 4 of Article 364 of the Criminal Code of Ukraine:
3. Substantial damage in Articles 364, 364-1, 365, 365-2, 367 is considered to be damage that exceeds the tax-free minimum income of citizens by one hundred or more times.
4. Severe consequences in Articles 364-367 are considered to be such consequences that exceed the tax-free minimum income of citizens by two hundred and fifty times or more.
