Success

The Disputes Law Firm has successfully resolved disputes between students from India, Pakistan, and Nigeria and Kharkiv Medical University. Improperly charged debts totaling approximately $15,000 USD were written off, original educational documents and academic transcripts were obtained, and apostille certification of the academic transcript was secured after the university's initial refusal to authenticate the document.

Introduction

The right to education, which includes the right to receive properly issued educational documents, is a fundamental right of every student, regardless of citizenship. However, practice shows that foreign students often face bureaucratic obstacles and unlawful actions by educational institutions, particularly under martial law conditions in Ukraine.

According to Article 46 of the Law of Ukraine "On Higher Education," grounds for expelling a higher education student include personal request, transfer to another educational institution, failure to fulfill the individual curriculum, and other cases provided by law. A person expelled from a higher education institution before completing studies under an educational program receives an academic transcript containing information about learning outcomes, course titles, grades received, and ECTS credits earned.

However, in practice, universities often ignore students' applications for voluntary withdrawal, continuing to charge tuition fees and refusing to issue academic transcripts. This creates legal uncertainty and financial problems for students.

Case History

pakistani student case (june 2022)

The first appeal to our law firm came in June 2022 from a Pakistani citizen who was studying at the medical faculty of one of Kharkiv's leading universities. The client submitted an application for voluntary withdrawal due to military actions on Ukrainian territory, but the university ignored her request. Despite actually ceasing studies and not attending classes, the university continued charging tuition fees, creating significant debt. The client could not obtain either an academic transcript or the return of documents submitted upon enrollment.

nigerian student case (december 2024)

In December 2024, we were approached by a Nigerian citizen who studied at the medical faculty of Kharkiv National Medical University from 2019 to 2022 and had actually completed 3 years of study. On March 27, 2022, the client sent an application for voluntary withdrawal to the university's official email address due to military actions on Ukrainian territory. Information about the necessity of sending the application to this specific email address was posted in the faculty's official Telegram group.

In the submitted email, the client also requested the return of documents provided upon enrollment and the provision of an academic transcript with information about learning outcomes, course titles, grades received, and ECTS credits earned. The university ignored the application, the client was not expelled, and the requested documents were not provided. Moreover, the Nigerian citizen continued to be considered a student of the medical faculty for another year, although she actually did not attend classes and did not participate in the educational process. The university demanded payment for the next academic year after the withdrawal application was submitted, creating significant debt.

indian student case (july 2024)

In July 2024, an Indian citizen approached us who had also pursued education at the university's medical faculty from 2018 to 2022 and had actually completed 4 years of study. On August 31, 2022, the client sent an application for voluntary withdrawal to the official email address of the university's vice-rector for academic affairs. A copy of her passport was attached to the application.

As in previous cases, the application was ignored by the university. The client was not expelled, the requested documents were not provided, and the university continued charging tuition fees after the withdrawal application was submitted.

Actions Taken

The lawyers and attorneys of Disputes developed a comprehensive strategy for protecting students' rights, based on the provisions of the Law of Ukraine "On Higher Education" and the Regulation on the Procedure for Expulsion, Interruption of Studies, Reinstatement and Transfer of Persons Studying in Higher Education Institutions, approved by Order of the Ministry of Education and Science of Ukraine dated February 7, 2024, No. 134.

The main legal arguments were:

• The university's obligation to consider applications for voluntary withdrawal
• Students' right to receive academic transcripts upon expulsion before completing studies
• The unlawfulness of charging tuition fees after submitting a withdrawal application
• Violation of procedural requirements regarding the consideration of student appeals

attorney inquiries and demand letters

The first step in each case was sending attorney inquiries to the university in accordance with Articles 20 and 24 of the Law of Ukraine "On Advocacy and Legal Practice." Specifically, in the Nigerian citizen's case, an attorney inquiry regarding expulsion information was sent on September 23, 2024, and an additional inquiry for a detailed calculation of accrued debt was sent on October 9, 2024.

An instrument for protecting clients' rights was sending demand letters to the university. Such demand letters contained:

• Factual circumstances of the case with detailed chronology of events
• Legal position with references to specific legislative provisions
• Specific demands regarding student expulsion and issuance of academic transcripts
• Warnings about judicial consequences in case of non-compliance with demands

local representation in ukraine

Considering the specifics of working with Kharkiv universities and the necessity of personal presence to resolve certain issues in Kharkiv, we engaged our reliable partner – Alina, who, despite the threatening security situation in the city during active military actions, responsibly and professionally navigated the procedural obstacles created by the university and successfully defended the students' position in Kharkiv.

This allowed us to ensure prompt service of procedural documents, exercise legal control over the university's implementation of adopted decisions, coordinate the process of obtaining academic transcripts and other documents, and resolve technical issues related to proper documentation.

apostille certification challenges

A particularly procedurally complex matter was the apostille certification of one client's academic transcript through the Ministry of Education and Science of Ukraine. Initially, the university provided a written refusal to authenticate the issuance of the academic transcript, creating a legal impossibility for the apostille procedure.

We conducted targeted negotiations with authorized university representatives regarding procedural aspects of document authentication and ensured a repeat apostille procedure, for which the university, this time, provided proper confirmation.

challenging improper debt charges

The central element of protecting clients' rights was challenging improperly charged educational debts. Our argumentation was based on:

• The termination of educational relations from the moment of submitting the voluntary withdrawal application
• The unlawfulness of charging fees for the period after submitting the withdrawal application
• Violation of the procedure for considering withdrawal applications

After submitting the application, clients actually terminated educational relations with the university, did not receive educational services, and did not attend any classes, therefore the university had no legal grounds for charging tuition fees.

Results and Conclusion

Successful outcomes achieved:

• Complete debt cancellation: Approximately $15,000 USD in improperly accrued debt was written off across all three cases
• Official expulsion recognition: The university officially recognized the legitimacy of withdrawal applications and carried out the expulsion procedure for all three clients
• Academic transcripts obtained: All students received academic transcripts with complete information about learning outcomes, course titles, grades received, and ECTS credits earned
• Document apostille: One client's academic transcript was successfully apostilled after resolving authentication issues
• Out-of-court resolution: All cases were successfully resolved without litigation

The experience of these cases clearly demonstrates systemic procedural problems in the work of Kharkiv medical universities with foreign students and the critical importance of qualified legal protection under martial law conditions. The application of attorney inquiries and demand letters with thorough legal justifications proved to be the most effective means of legal influence on universities.

A properly chosen legal protection strategy, thorough legal argumentation, and professional persistence in defending legitimate interests allow for successful resolution of complex disputes with higher education institutions even under martial law conditions.

This case study demonstrates the importance of understanding Ukrainian educational law and the rights of international students, particularly in challenging circumstances such as wartime. The successful resolution of these disputes without litigation shows the effectiveness of well-crafted legal strategies and persistent advocacy in protecting student rights and recovering significant financial losses.