Pechersk District Court of Kyiv on May 21, 2019, ruled to ban the election of the rector of the Bogomolets National Medical University. This is stated in the court’s decision, the higher educational institution informs on its Facebook.
The prohibition is addressed to the Ministry of Health of Ukraine and the Bogomolets National Medical University and concerns any actions aimed at announcing a competition for the post of rector, receiving documents from the applicants, holding a competition, elections themselves, voting, etc. And, which is very important, the prohibition is subject to immediate execution from the date of its decision, regardless of its appeal or the opening of enforcement proceedings.
According to the current court’s decision appointed by the Ministry of Health team of the university, whose legitimacy has long been challenged in the courts of Ukraine, will not be able to hold rector’s elections, which are already scheduled for May 30.
Today there are no arguments that could allow them to hold such elections within the framework of the law. Recall, the Article 157 (Implementation of the resolution on securing the claim) of The Civil Procedural Code of Ukraine states:
1. A court order to secure a claim is an enforceable instrument and must comply with the requirements of the executive document established by the law. Such a decision is subject to immediate execution from the date of its decision, regardless of its appeal and the opening of enforcement proceedings.
2. A copy of the enforcement order, depending on the type of taken action, shall be sent by the court to all persons (as well as to the applicant), who are concerned with measures to secure a claim and who could be identified by the court, as well as the relevant state and other authorities for immediate execution.
As The Journalist reported, the Bogomolets NMU will hold rector elections on May 30.
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