The court reiterated in Elvira N. University that for calls “lay down arms and receive the enemy with kindness» was removed from the 4th course of the Faculty of Veterinary Medicine of the National Agrarian University in Belotserk. According to the court, the representatives of the university did not prove that the actions of the student were systematic, and the girl herself emphasized that she was persecuted for political and religious reasons, instead of simply re-educating her.
According to her, Elvira accidentally found out that she was no longer studying at BNAU in July of this year. Because July 15 was considered “for public appeals on the social network Instagram regarding the violation of the territorial integrity and independence of Ukraine, the need to surrender and lay down arms before the aggressor country”. The basis for the order was the protocol of the student council – Ukrainian youth did not want to study next to a person who calls for surrender to Russia, because she “does not eat meat, does not support murder, and does not support war“.
As it turned out, the girl conducts anti-Ukrainian propaganda through her Instagram profile, pointing out that intelligent people like her should not hate, should not denounce the armed forces, but simply capitulate to the aggressor, welcome him with good. Elvira convinced her readers that our armed forces are bombing Bucha, Mariupol, Irpin and other Ukrainian cities and brainwashing us, programming for war and hatred. It was this activity of hers (not vegetarianism) that outraged the university students.
This withdrawn student sued, claiming she was a vegetarian and a Buddhist, simply voicing her opinion on nonviolence. And now, instead of conducting educational and explanatory work, she is persecuted for political and religious reasons, her constitutional rights to freedom of speech are violated, since the reasons for exclusion specified in the rector’s order are not provided for in the law.
Despite the statements of the representative of BNAU that the police and the Security Service of Ukraine are investigating the actions of Elvira N., the judge of the Bilotserk City District Court Yarmol agreed with the claim. The reason for this is that the suspicion was not served on Elvira N., but she was only questioned as a witness. And until she is convicted, we should perceive her calls to violate the territorial integrity of Ukraine only as a state-guaranteed political activity and right”free, at his discretion, to determine his behavior in the sphere of his private life“.
“It turns out that the FACE1 limited her education because of her statements on the social network, and the institution does not specify the legal norm on which such a limitation is based. In addition, the educational institution did not give the plaintiff the opportunity to explain his behavior, that is, it deprived him of the right of self-defense. FACE1 was not invited to the meeting of the student council, the disputed order does not indicate the systematicity/repetition of the student’s actions, nor neglect of possible warnings or established restrictions. At the time of the issuance of the contested Deduction Order, the effective judgment of the court regarding any criminal acts of the PERSON1 – didn’t exist. Hence the PERSON deduction1 of the number of students under the circumstances established and cited above in the decision, is not proportionate and does not comply with the principle of the rule of law.“, the court decision says.
At the same time, the same judgment emphasizes that “law is not limited to legislation as one of its forms, but also includes other social regulators, in particular moral norms, traditions, customs, etc., which are legitimized by society and determined by the historically achieved cultural level of society“. Perhaps the judge considered it highly moral on the day of the rocket attack on Vinnytsia (only 2-3 hours by car from Bila Church), when the racists killed and wounded dozens of civilians, including children, to write that Ukrainian armed forces bombed Ukrainian cities .
However, the university still has the right to appeal.
Read more in “FACTS”: “People were buried in yards, flower beds, on playgrounds”: the deputy mayor of Izyum on the horrors of the occupation and the revival of the city.
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