Lawyer
Lawyer in the field of military law. Specializes in issues of mobilization, postponement and reservation. Provides services for appeals to the military medical commission, escorting to the military commissariat, dismissal from military service, obtaining the status of a participant in hostilities. Conducts court cases on military issues.
Appealing the EDEBO certificate of study
Table of Contents:
The certificate of educational sequence is the main document for registering a deferral of studies, but it is quite common to see a situation where it says "No, violates", which becomes the basis for further refusal. At the same time, such a mark may be erroneous, and if you are sure that this information does not correspond to the real circumstances of study, you should appeal it and defend your legal right. We will talk about this in more detail below.
In what cases should you appeal the EDEBO certificate "No, violates"?
- technical inaccuracies in the Unified State Electronic Database on Education: errors when entering data - dates of study, educational level or lack of information about renewal.
- renewal after expulsion - in the case of official return to the university on the basis of an order of the Higher Education Commission, re-education is not a violation.
- incorrectly reflected transfer between institutions - if the student changed universities or specialties, but these changes were not properly synchronized in the system.
- discrepancies regarding the degree obtained.
- problems with the execution of internal orders.
Procedure for appealing the certificate of the EDEBO
First of all, you should contact the educational institution to check the correctness of the entered data and initiate their update in the database. If the problem is not resolved or an unjustified refusal is received, an administrative / judicial appeal should be applied.
In general, the procedure should look like this:
Appeal to the educational institution
You should start by submitting a written application to the university with a request to check and correct the information in the EDEBO. You should attach supporting documents to the application: diplomas, orders for enrollment or renewal, transfer certificates, etc. The educational institution should check the correctness of the entered data and initiate their update.
Application to the Ministry of Education and Science of Ukraine
If the situation is not resolved, an application is submitted to the Ministry of Education and Science of Ukraine with a request to make changes to the records in the database. In the event of a written refusal, this is used for further judicial appeal.
Filing a claim to an administrative court
The plaintiff has the right to apply to the court at the place of his registration / at the location of the defendant (Ministry of Education of Ukraine). The claims usually raise the issue of the obligation of the Ministry of Education and Science of Ukraine and the technical administrator of YEDEBO - SE "INFORESURS" - to make changes to the data on the sequence of obtaining education in accordance with Article 10 of the Law of Ukraine "On Education", as well as to display the status "Yes, does not violate".
After the decision is made, it is necessary to wait for it to enter into legal force or, if necessary, appeal it in the appeal procedure. The final stage is the execution of the court decision.
Case law
Recently, a consistent position of the Supreme Court has been formed on disputes related to EDEBO certificates on violation of the sequence of obtaining education. The key issue was the interpretation of the concept of “sequence of current education” and determining whether re-entry to the same level is considered a violation.
The Ministry of Education has long assumed that if a person was expelled and re-entered to obtain the same educational degree, this is a basis for forming a certificate with the mark “No, violates”. Such an approach automatically made it impossible to issue a deferral.
The Supreme Court has formed a different approach: the fact of receiving a document on the appropriate level of education is decisive. If a diploma was not issued, and studies were terminated before the completion of the educational program, the person is not considered to have already obtained this level. Accordingly, re-entry is not a violation of sequence.
The courts also emphasize that the “level of education” is a completed stage, confirmed by a document of the established sample. Incomplete studies (even enrollment in a master's degree with subsequent expulsion) do not create the fact of obtaining a second level of higher education.
A similar legal position is reflected in a number of decisions of district and appellate administrative courts in 2024–2025. Judicial practice demonstrates a tendency to protect the rights of education seekers who did not actually receive a diploma of the appropriate level, but re-entered education.
What problems may arise?
In practice, independently appealing a certificate from the EDEBO is much more difficult than it seems. The main problem is the need to correctly assess the legal situation: whether there are really grounds for an appeal and whether your case corresponds to established practice.
The difficulty also arises at the stage of preparing documents. It is necessary to collect a full package of evidence: orders for enrollment and expulsion, diplomas, academic certificates, extracts from the EDEBO, correspondence with the educational institution. The absence of at least one important document can weaken the position.
A separate risk is procedural errors. Incorrectly formulated claims, violation of the deadlines for applying to the court and failure to comply with the requirements of the Code of Administrative Procedure lead to the return of the claim / refusal to satisfy the claims.
Lawyer for appealing the EDEBO certificate
If you have problems with the registration of a deferment from mobilization on the basis of education, in particular, you received an EDEBO certificate - "No, violates", then you should not waste time and contact the military lawyers of the Law Firm "Prikhodko and Partners". In such a situation, it is important to promptly assess the prospects of the case and choose the right strategy.
We offer:
- detailed consultation and analysis of documents;
- preparation of appeals to the educational institution and the Ministry of Education and Science;
- administrative and judicial appeal;
- representation of interests in court and support for the consideration of the case;
- control over the execution of the court decision;
- assistance in registering a deferment after making changes;
- full legal support at all stages of the procedure.
Timely appeal to a lawyer from the Law Firm "Prikhodko and Partners" allows you to minimize risks and significantly increases the chances of a positive result. Leave a request on our website - and a lawyer will contact you in the near future.
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