The Ombudsman appealed to the Prosecutor General to investigate the facts of violations of children’s rights at the Horodnyansk boarding school

The appeal states that during a monitoring visit to the Gorodnyansk comprehensive boarding school of grades I-III of the Chernihiv region, the actions of the institution’s officials revealed signs of an offense under Article 166 of the Criminal Code of Ukraine (malicious failure to fulfill obligations to care for a child or a person in respect of whom guardianship or custody has been established).

In particular, it was established that with the assistance of the White Elephant Charitable Foundation, two pupils from among children deprived of parental care left for study in the French Republic from the beginning of the 2015-2016 academic year.

One of them did not return to Ukraine after the end of the school year, did not receive a certificate of general secondary education and was expelled from the boarding school before the end of the 2015-2016 school year. According to the institution administration, he continues to be in France. However, there is no confirmed information about the whereabouts of the child deprived of parental care.

Another, a minor child, according to the institution administration, continues to study in the French Republic. However, documents confirming her invitation to study, organization of travel outside Ukraine, other documents required for travel abroad to study were missing from the child’s personal file at the time of the inspection. In addition, the institution administration does not have information about the minor’s stay on consular registration.

Thus, the administration of the institution, which, in accordance with Article 66 of the Civil Code of Ukraine and Article 245 of the Family Code of Ukraine, performs the functions of a guardian and trustee, has removed itself from the duties of a guardian and has actually transferred custody of the child to other persons, while the child is among the residents of the institution.

Valeria Lutkovska drew attention to the fact that, in accordance with Part One of Article 249 of the Family Code of Ukraine, a guardian or trustee is obliged to raise a child, take care of his or her health, physical, mental, and spiritual development, and ensure that the child receives a complete general secondary education.

In this regard, the actions of the officials show signs of an offense provided for in Article 166 of the Criminal Code of Ukraine (malicious failure to fulfill obligations to care for a child or a person in respect of whom guardianship or custody has been established).

In view of the above and guided by Article 60 of the Criminal Procedure Code of Ukraine, the Commissioner notified the Prosecutor General of the criminal offense committed and requested that measures be taken to investigate it.

Press Service of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights