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Publication date: 17.05.2024
Students enrolled in full-time or dual enrollment to obtain a higher level of education than the previous one, as well as doctoral students, interns, and some teachers will receive a deferral from mobilization under the new law in Ukraine.
The changes and nuances of the student mobilization rules are described in our article. Thus, according to the new law, mobilization is not provided for students of vocational (vocational-technical), professional higher and higher education who study full-time or dual forms and obtain a level of education higher than the previously obtained one.
Thus, on April 16, President of Ukraine Volodymyr Zelenskyy signed Law No. 10449 on mobilization, which was published on April 17, 2024, so it will come into force on May 18, 2024.
WHICH STUDENTS WILL BE ELIGIBLE FOR DEFERMENT
As stated in the law, not all students who have a deferment now will retain this right under the new changes.
However, the Law provides for a reservation that in a situation where a person loses the right to deferment on this basis due to changes in legislation, he or she will retain this right until the end of the current academic year. That is, they will be able to finish this academic year.
According to this Law, only those students who obtain a level of education that is higher than the previously obtained level of education will be entitled to deferment in the future. At the same time, the order of education levels is defined at the legislative level, namely in the Law of Ukraine "On Education":
- preschool education
- primary education
- basic secondary education;
- specialized secondary education;
- first (initial) level of vocational education;
- second (basic) level of professional (vocational) education;
- third (higher) level of professional (vocational) education;
- professional higher education;
- initial level (short cycle) of higher education;
- first (bachelor's) level of higher education;
- second (master's) level of higher education;
- third (educational-scientific/educational-creative) level of higher education.
DEFERRAL FOR POSTGRADUATE STUDENTS
Initially, according to the initial version of the draft law on mobilization No. 10449, postgraduate students who received their education on a contract basis were subject to conscription for the duration of the mobilization. However, the Verkhovna Rada noted that there could be no division between those who were studying in graduate school on a contract basis and those who were studying on a state-funded basis, as this was contrary to the Constitution of Ukraine.
We also note that postgraduate students who are studying on a contract basis will receive a deferment from mobilization:
- both on a state-funded and contractual basis;
- doctoral students and persons enrolled in internships;
- teachers who have a scientific degree at higher and vocational education institutions, scientific institutions and organizations, as well as pedagogical staff of these institutions, school teachers, provided that they have at least 0.75 of a full-time position.
DURING THE VACATION PERIOD, THE STUDENT RETAINS A DEFERRAL
In addition, we note that until a person regains the status of a student, he or she will be able to be mobilized.
Usually, during the vacation period, students retain their status, i.e. if a person moves from the 2nd year to the 3rd year, for example, in the summer, the right to deferment is preserved. Another thing is when one level of education has already been completed and the person is in the process of entering the university. There are no reservations regarding such situations, so a person can be mobilized until he or she has acquired the status of a student again.
In addition, graduates of non-mobilization age (under 25) will not be mobilized to the army before entering a master's or PhD program, as they are actually still in the status of conscripts, not persons liable for military service.
We also note that students of vocational (vocational-technical), professional higher education and higher education who are enrolled in full-time or dual forms of education and obtain a level of education higher than the previously obtained level of education in the sequence specified in part 2 of Article 10 of the Law of Ukraine "On Education", as well as doctoral students and persons enrolled in internships are not subject to mobilization.
For example, if a person has previously studied only at the bachelor's level (the first level of higher education) and now has a master's degree (the second level), then the right to deferment is preserved. But in a situation where a person has previously obtained a bachelor's degree and is now studying at this level again, but in a different specialty, the right to deferment is lost. In this case, the age of the person does not matter.
CONDITIONS OF DEFERMENT FOR MEN 30+
We also note that they are similar to all others, although MPs tried to limit this point in the fall of 2023 by registering draft law No. 9672 on the abolition of the right to deferment for persons receiving higher education who are over 30 years old, but this is unconstitutional and discriminatory, as well as violates the principle of equality. The document is currently on hold.
HOW OFTEN DO I NEED TO CONFIRM MY STUDIES?
We would like to remind you that in practice, TP and JVs grant deferrals for 6 months, after which it is necessary to appear and update the data. In this way, the TP and JV check whether the circumstances have not changed during this time and whether the person is still entitled to the deferral.
We would like to add that according to the Law of Ukraine "On Military Duty and Military Service", students are obliged to confirm their right to deferment by October 1 each year and submit the relevant documents to the CCC and JV (a certificate from the educational institution, which can be obtained from the dean's office of their faculty).
Thus, we can see that the adopted amendments to the current law were adopted taking into account changes in the requirements of the time and the imposed martial law in Ukraine, as well as the fact that a legal consultation with a lawyer, a legal analysis of the situation, a legal review of documents by a lawyer, a legal opinion and an online consultation were conducted,lawyer online
