Publication date: 10.10.2024
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Student deferment is the possibility of temporary exemption from conscription for military service, which is provided to persons studying full-time at a higher educational institution.
Are students subject to mobilization in wartime, the main aspects of postponement in connection with studies:
- Legal basis: the postponement is granted in accordance with Ukrainian legislation (in particular, the Law of Ukraine "On Mobilization Training and Mobilization"), which regulates the issue of military service and mobilization.
- To whom it is granted: deferment may be granted to students of higher educational institutions, students of vocational schools, as well as full-time graduate and doctoral students.
- Duration: the deferment is valid for the entire period of study. If the student continues his studies (transfer to the next course, continuation in graduate school, etc.), the deferment can be extended.
In order to receive a deferment, a student must submit an appropriate application to the territorial recruitment and social support center (TCC) and provide documents confirming his studies (for example, a certificate from an educational institution). TCC verifies the information provided, and in case of confirmation, the student is granted a postponement of studies. This option allows students to continue their education without interruption and avoid conscription before completing their education, as students are exempt from mobilization.
The procedure for applying for a deferment in connection with studying in Ukraine consists of several stages. Here are the basic steps to follow:
- Collection of documents: before submitting the application, a package of documents should be prepared, which may include: an application addressed to the head of the territorial recruitment and social support center (TCC) with a request for a deferment, a certificate from the educational institution confirming the fact of study (the form may vary, but must contain information about the specialty, course and form of study), a copy of the passport and identification code (if necessary), other documents that may be requested by the TCC.
- Submission of the application: the necessary collected documents are submitted to the TCC at the place of residence or at the place of registration, it is recommended to submit the documents in person and receive a note of their acceptance.
- Awaiting a decision: the TCC considers the submitted documents and makes a decision on granting a deferment to students. If necessary, additional documents or information may be requested.
- Receiving a decision: after reviewing the documents, the TCC notifies of its decision. If a deferment is granted, a corresponding document (certificate) confirming the fact of receiving a deferment is issued. In case of refusal, the TCC must provide a written explanation of the reasons for the refusal.
Students who have been granted a deferral are required to update information about their studies in a timely manner and notify TCC of any changes in status (for example, transfer to another course or graduation). In case of refusal to grant a postponement, the person has the right to appeal this decision by filing a complaint with the TCC or in court.
Question
Are absentees given a reprieve from the army?
Answer
In Ukraine, persons who study part-time do not have the right to postpone mobilization. The deferment is granted only to conscripts who study full-time in accredited higher education institutions.
Legislation clearly defines whether absentee students are given a deferment from the army and it can be clearly stated that the does full-time correspondence education provide a deferment from the army, which involves the physical presence of the student at the educational institution. Part-time study usually allows a student to combine studies with work, which does not limit his ability to serve in the army, postponement of part-time study is not possible and such are students subject to mobilization. Also, according to the new law on mobilization, deferment from mobilization of a second higher education deferment from mobilization or if a third higher education is obtained will no longer give the right to deferment.
Deferral legal support is a set of services provided by a lawyer or an attorney to assist conscripts in the process of obtaining or contesting a deferment from mobilization.
Legal assistance in obtaining a postponement in connection with training by specialists of the legal service "Consultant" includes:
Consultation on rights and procedures: the lawyer explains exactly what rights the student has to obtain a deferment, what documents need to be collected and what procedures need to be completed.
Preparation of documents: assistance in preparing an application for postponement, formation of a package of documents, such as a study certificate, copies of a student card, an enrollment order.
Submission of documents to the TCC (Territorial Procurement Center): support during the submission of documents to the Military Committee (TCC), checking the correctness of the application and other documents.
Representation of interests: if there are problems or questions regarding the granting of a deferment, a lawyer can represent the student's interests at the TCC, help appeal wrongful decisions or delays in granting a deferment.
This support ensures the correctness of the documents and minimizes the risks of refusal or problems with mobilization. If you believe that you may be eligible for a deferment, I recommend that you contact a lawyer or an attorney who specializes in military law for detailed advice. This process will help you get the postponement right and avoid possible legal problems.
Therefore, in view of the above, students are not subject to mobilization, if this study is not full-time and is not consecutive, the deferment from mobilization second higher education, and the release of students from mobilization gives only an officially formalized postponement in connection with studies. The question of postponement can be quite a complex process, so legal support ensures the legal protection of the client's rights and helps to avoid problems with mobilization or wrongful actions by military structures.
