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Recruitment and training of foreign citizens in the field of healthcare
25 April 2021 11:18

Peculiarities of organization of recruitment and training (internship) of foreigners and stateless persons (hereinafter - foreigners) in educational institutions, regardless of their subordination and form of ownership, which provide educational services to foreigners on the basis of a license for educational activities obtained in the prescribed manner and training (internship) of foreigners and stateless persons, approved by the order of the Ministry of Education and Science of Ukraine 01.11.2013 № 1541 (as amended by the order of the Ministry of Education and Science of Ukraine from 11.12.2015 № 1272), registered in the Ministry of Justice of Ukraine on November 25, 2013 for № 2004/24536.

The State Enterprise "Ukrainian State Center for International Education of Ukraine" of the Ministry of Education and Science of Ukraine has the authority to register invitations to study (internships) of foreigners and stateless persons issued by educational institutions and to keep records of these persons who came to study in Ukraine.

The Ministry of Health has not established specific requirements or criteria for assessing knowledge for foreign citizens. The provision of educational services by a higher education institution is carried out, including on the basis of an agreement between the relevant institution and an individual (legal entity). The standard form of such an agreement was approved by the Resolution of the Cabinet of Ministers of Ukraine of August 19, 2015 № 634 (hereinafter - the Standard Agreement). The Model Agreement states that the customer may be an individual who orders an educational service for himself as a recipient. That is, a foreigner may (and is not obliged to) voluntarily enter into a bilateral agreement directly with a higher education institution or enter into a tripartite agreement with an intermediary. 

According to paragraph 1 of Article 627 of the Civil Code of Ukraine, the parties are free to enter into a contract and choose a contractor. A significant number of foreign students enter Ukraine through intermediaries. Given the significant number of appeals (complaints) of foreign students regarding the use of fraudulent schemes by intermediaries as a result of which students do not receive the expected education, or blackmail them with their own documents when moving from one course to another, please treat the contract with higher education through intermediaries or to conclude bilateral agreements - without intermediaries. 

The Ministry of Health is extremely interested in providing quality medical education to Ukrainian educational institutions. International students are among those who represent medical education obtained in Ukraine in the world. In view of this, foreign nationals wishing to enter higher education institutions that train students in the field of knowledge 22 "Health" or are already studying in such institutions should know the following: - in accordance with Article 3 of the Law of Ukraine "On the Legal Status of 

Foreigners and Stateless Persons", foreigners and stateless persons who are in Ukraine legally, enjoy the same rights and freedoms, and have the same responsibilities as citizens Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine. Foreigners and stateless persons are obliged to strictly abide by the Constitution and laws of Ukraine, other normative legal acts, not to encroach on the rights and freedoms, honor and dignity of other people, the interests of society and the state; - according to Article 4 of the Law of Ukraine "On Higher Education", foreigners and stateless persons permanently residing in Ukraine, persons granted refugee status in Ukraine, persons in need of additional or temporary protection, and persons granted the status of a foreign Ukrainian , and who are in Ukraine legally, have the right to higher education on an equal footing with citizens of Ukraine. 

All persons receiving higher education in higher education institutions have equal rights and responsibilities; - among the responsibilities of students, Article 63 of the Law of Ukraine "On Higher Education" defines, in particular, compliance with the law, statute and rules of procedure of higher education institutions; fulfillment of the requirements of the educational (scientific) program (individual curriculum (if any), observance of academic integrity, and achievement of learning outcomes determined for the relevant level of higher education; - in accordance with paragraph 6 of the Standard Agreement on the provision of educational services between higher education institution and an individual (legal entity), approved by the Cabinet of Ministers of Ukraine dated August 19, 2015 № 634 recipient (higher education) is obliged to comply with obligations Article 63 of the Law of Ukraine "On Higher Education". 

According to subparagraph 5 of the first part of Article 46 of the Law of Ukraine "On Higher Education" the basis for deduction of higher education is a violation of the agreement (contract) concluded between the institution of higher education and the student or individual (legal entity) who pays for such teaching. 

In view of the above, special attention has to be paid to foreign citizens who study or wish to study in higher education institutions in Ukraine on their obligation to comply with Ukrainian legislation, not to encroach on the rights and freedoms, honor and dignity of others, public and state interests, and adhere to the rules of ethical conduct and the principles of academic integrity.

Information prepared by the Ministry of health of Ukraine

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