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Publication date: 14.01.2025
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
In connection with the introduction of martial law in Ukraine, the issue of mobilization has become particularly relevant. However, certain categories of citizens are entitled to a deferral. Teachers are one such category. In this article, we will examine the rights of teachers regarding deferral, the necessary documents for its processing, and the legal nuances to consider.
Legislative Basis for Deferral
The right to a deferral for teachers is provided by the Law of Ukraine "On Mobilization Preparation and Mobilization". According to Article 23 of this law, a deferral may be granted to individuals who:
- Work in educational institutions.
- Perform critically important functions for ensuring the educational process.
- Meet the requirements established by current legislation for their position.
Who is Eligible for a Deferral?
According to the law, the following individuals are entitled to a deferral:
- School teachers working on a permanent basis.
- Instructors of vocational schools and colleges.
- Professors and lecturers at higher educational institutions.
- Employees of educational institutions engaged in scientific, methodological, or other activities essential for the educational process.
How to Obtain a Deferral?
Step-by-Step Instructions:
- Obtain a certificate from your workplace. The educational institution must issue a document confirming your employment and position.
- Submit an application to the military enlistment office. You must contact the territorial recruitment center in your area with a request for a deferral.
- Await the decision. After reviewing your application, the military enlistment office will either grant or deny the deferral.
Required Documents:
- Ukrainian passport.
- Taxpayer identification number.
- Certificate of employment (with the stamp of the educational institution).
- Military ID or conscription registration certificate.
- Proof of permanent employment (employment contract or an excerpt from the order of employment).
- Additional documents confirming your involvement in critical activities (if necessary).
Specifics of Obtaining a Deferral
- The deferral is granted only for the duration of the professional duties.
- If a teacher ceases their activities or moves to another job, the deferral becomes invalid.
- In the absence of documents confirming employment, the military enlistment office may deny the deferral.
- The deferral process may be simplified for teachers working in rural educational institutions.
Realities of Deferral During Martial Law
Under martial law, obtaining a deferral for teachers may involve specific challenges:
- Enhanced scrutiny. Documents are reviewed with particular attention, and any inaccuracies can result in denial.
- Additional requirements. Some military enlistment offices demand extra confirmations of the profession's critical importance.
- Urgency of submission. Documents must be submitted within the shortest possible timeframe.
- Legal support. In case of disputes, consulting a lawyer is recommended.
Deferral for Teachers Pursuing Their First Higher Education
Special attention should be given to teachers who are simultaneously studying at higher educational institutions and obtaining their first higher education degree. The law provides the possibility of deferral for such individuals if they study full-time and provide the necessary confirmation from their educational institution. It is essential that the institution is state-accredited and that students meet the age criteria established by the legislation.
Question
Can I obtain a deferral if I work part-time?
Answer
No, deferrals are granted only to teachers who work full-time on a permanent basis.
Question
Do I need to renew my deferral documents every year?
Answer
Yes, you must provide an updated employment certificate to the military enlistment office annually.
Question
Is a deferral valid if I work at a private school?
Answer
Yes, if the educational institution is registered in Ukraine and has the appropriate licenses, the teacher is entitled to a deferral.
Question
What should I do if the military enlistment office denies my deferral?
Answer
If denied, you should submit a written request for clarification and consult a lawyer to appeal the decision in court.
Practical Advice
Keep copies of your documents. Always have backup copies of all submitted documents.
Consult with lawyers. In case of disputes, seek professional advice.
Ensure timely submission. Submit documents promptly to avoid delays.
Legal Assistance from Experts
Obtaining a deferral can be a challenging process, especially under martial law. For professional assistance, contact the lawyers at https://consultant.net.ua. We offer:
- Initial consultations.
- Assistance in preparing documents for deferral.
- Protection of your rights in court and during interactions with the military enlistment office.
In addition, our lawyers will advise you in the following matters:
- how much does legal consultation on deferment of scientific and scientific and pedagogical workers cost;
- How to find a lawyer on the postponement of scientific and of scientific and pedagogical workers;
- What documents are needed for the postponement of scientific and scientific-pedagogical workers;
- Legal consultation on the postponement of scientific and scientific-pedagogical workers;
- List of documents for the postponement of scientific and scientific-pedagogical workers;
- Documents for the postponement of scientific and scientific-pedagogical workers;
- Legal stages of postponement of scientific and scientific-pedagogical workers;
- Process of postponement of scientific and scientific-pedagogical workers;
- Deferral of scientific and scientific and pedagogical workers Ukraine;
- Stages of deferment of scientific and scientific-pedagogical workers;
- Lawyer for the postponement of scientific and scientific-pedagogical workers;
- Deferral of scientific and scientific-pedagogical workers in Ukraine.
Processing a deferral from mobilization for teachers is a crucial mechanism that ensures the stability of the educational process even under challenging conditions. Deferrals enable teachers to fulfill their professional responsibilities, which is vital for the development of the educational sector. Adherence to legal requirements, timely document submission, and legal literacy contribute to successfully obtaining a deferral. In case of difficulties, seek legal assistance, as professional support will help you protect your rights and avoid unnecessary problems.
