May 21, Kyiv. OPORA sent the information query to the Minister of Education and Science Dmytro Tabachnyk. The text of the query is below.

According to the Decree of Ministry of Education and Science of Ukraine from 18.09.09 № 873 "On approval of the terms of admission to higher educational institutions of Ukraine" in Chapter XXIII, paragraph 2.23 it is promised to ensure openness and transparency in the admission to higher educational institutions of Ukraine and stated that " Public organizations may apply to the Ministry of Education and Science of Ukraine for granting them the right to observe the work of admission commissions. NGOs with such a right granted by the Ministry of Education and Science of Ukraine, may send their observers to admission commissions. Admission commissions are obliged to create adequate conditions for the presence of public observers at the meetings, as well as enable them to familiarize with the documents provided to commission members before the meeting." According to section II, paragraph 2.2. "The head of higher education institution ensures compliance with legislation of Ukraine, including these Terms, rules of admission to higher education institution, as well as openness and transparency of the admission committees." According to the Law "On Higher Education" Article 3, Paragraph 2: "Public policy in higher education is based on principles of  transparency ... in the formation of educational and vocational training". According to the Decree of Ministry of Education and Science of Ukraine from 22.03. 2010 № 225 of Regulations on the Admission board of the higher educational institution in Ukraine, the second part of paragraph 1.1 "Admission commissions works on terms of democracy, transparency and openness in accordance with the legislation of Ukraine, including conditions of admission to higher education and the Regulation on the Admission Committee."

Given all the above, please provide clear explanations regarding:

1. The procedures for NGOs to appeal to the Ministry of Education of Ukraine for the registration of observers.
2. Terms provided for MES for the proper consideration of applications from public organizations and providing them with the right to monitor admissions.
3. Clear criteria according to which NGOs will be granted, or denied the right to conduct surveillance for admissions in universities of all forms of ownership.
4. A clear list of data and information that must be provided by NGO in a statement to get the right to monitor admissions.

For our part, we pay your attention that public participation in socially meaningful processes is welcomed and encouraged in democratic states. Monitoring of an admission campaign is aimed solely at ensuring and protecting citizens' rights to equal access to education, what is definitely the field of interest for both MES and public organizations that show public service initiatives.

We also ask you to give a clear interpretation of Paragraph 5.5. of the Statement about the admission committee of higher education institution of Ukraine, approved by the Ministry of Education on 22.03.2010, № 255, which reads as follows: "The interference in the activities of Admission committees by the public, political and other organizations, parties and movements is prohibited." For mutual understanding and absence of obstructions in the work of the admission committees and in the context of p.23.2 of the Admission Terms, we ask:
- Clearly separate the concept of "intervention" and of "public observation" in response to a request for information.

OPORA appeals to you for clarification in order to clearly define the methods and forms of work during the public observation of the admission process that is regulated by the above mentioned documents.

According to Art. 40 of the Constitution of Ukraine, Article 32 and Article. 33 of the Law "On information", please send a reply within the stipulated period to: apt. 3, 10/10 Pidvysotskoho str., Kyiv. In case of ignoring of the information request or response that does not contain information on the substance of the application, we reserve the right to operate within current legislation, go to court or the prosecution.

Yours sincerely
Olha Ajvazovs’ka,
Chairman of All-Ukrainian Civil Organization "OPORA"