Publication date: 31.05.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
In this article, let's talk about how to get a deferment of mobilization for students. This type of deferment from conscription does not cease to be popular and the most accessible to many citizens who do not have 3 children, disabled nearby or any other grounds. But also on this path there are many obstacles. About which you need to know.
Deferment of students, who has retained, who has not
It is no secret that 18.05.2024g. came into force new legislative changes, according to which not every full-time student retains the right to deferment.
This right is preserved only for full-time students, provided that the next level of education is a level higher than the previous one.
I.e., if you have a complete secondary education, you can enroll for a bachelor's degree and retain your right to deferment.
If you have a bachelor's degree, you can only apply for a master's degree.
If you have a master or a specialist, which is now equated to it - only to graduate school.
At the same time, if you do not meet all these requirements, then you retain deferment from mobilization only until the end of the current academic year. And for many people it ends already at the end of May or June.
That is, if you have already had a master's degree or specialist in mechanical engineering, and now you are studying for a master's degree in economics, then you lose your deferment from mobilization at the end of the academic year.
And in order to keep it, you need to enroll in a full-time postgraduate program.
And here comes the first obstacle when you go to apply there.
And it is called the presence of your military card or temporary certificate of military duty in the established form and with a vin-code.
How to enroll in an educational institution if you do not have a military ID card
Until recently, in some educational institutions, students managed to persuade their management to enroll them, gave them certificates that they were full-time students, and then they went to TCC and SP, formalized deferment, being at the same time already a student and protected, and received a military ID card or a temporary certificate of military duty. And brought it to the university.
But now, after the recent changes, fewer and fewer heads of educational institutions dare to take such a risky step.
All of them want you to have a ready military ticket or a temporary military duty certificate of the current form in the package of documents for admission. And in general, it is desirable that it was with a vin-code.
It is good, if you did not wait until the last, and calmly long ago, when you entered the previous form of education, came to the military commission, formalized deferment from mobilization, received an actual military ticket or temporary certificate of military duty with a vin-code or at least without a vin-code.
In this case, if you have a military ticket or a temporary certificate of the person liable for military duty, you can even clarify the data online, without a visit to the military enlistment office, through the Reserve+ application, and then get the vin-code through the same application. And the issue will be solved.
But what to do if you did not go to the military enlistment office in time and you have no military registration document at all or you still have a registration card. Or some kind of certificate instead of a military ticket.
This is where the problems start.
What traps the military enlistment office prepares for a student without a military ticket
Let's assume that you have acted competently. You have received in advance all the documents on education in your university. In advance you wrote and sent a letter of deferment from mobilization until the end of the academic year to the military enlistment office. And there they came.
Naively believing that now you will quickly formalize the deferment, get a military ticket with a vin-code and quickly enter the daytime form of education at a higher level.
But from the doorstep in TCC they start making claims to you that you still do not have a current military ID card or a temporary certificate of the person liable for military duty.
And here it is quite likely that you will receive an administrative fine of 25500,00 UAH.
I am not saying that it cannot be appealed. Yes, you can. But you may well get a fine. Then you will think about whether to pay or appeal. And they, in turn, without your payment of the fine will hold your military card and not issue it to you.
But this is just the tip of the iceberg.
Then you are given a summons for medical examination, referring to the fact that you do not have an up-to-date military card or a temporary certificate of the person liable for military duty. So you have to undergo a medical examination and they will not issue it without it.
You object and reply that you have applied for deferment until the end of the current academic year. And what does it mean until the end of the current academic year and at the time of consideration of this application according to the provisions of the CMU Resolution No. 560 you are not subject to mobilization.
And they do not hear you.
And you have a choice - either to go to the medical examination and pass it, or to sue them for issuing you a military registration document without passing it.
It's good when you have a bunch of years before your deferment expires. And you're not limited by time. You can sue them for years and refuse everything.
But you're on a time limit. You have a month or two before the end of the current school year. You understand that soon quite legally, if you do not enter the full-time form of education at a level higher than the previous one, you will be given a mobilization order. And that you need to complete the whole process of obtaining a military registration document with a vin-code by the end of the current academic year.
And you go to the medical exam.
You pass it. And some people are in a hurry and do not even confirm their medical diagnoses, which I categorically do not recommend. Even if it delays your medical commission, diagnoses should be confirmed.
After the medical commission you have time to go to the military enlistment office in the last days before the end of the current school year.
And it is good if you get your military registration document with a vin-code. You take it. You enter an educational institution at a higher level and get a new deferment from mobilization in a quiet mode, refusing any medical commission and summons to send on legal grounds.
But there is a very high probability that at the moment of receiving a military ID card you will be given a mobilization order.
If you have not managed to bring this process to the end of the current school year - it is 90% of probability that they will hand you a mobilization order. And as long as you have not enrolled anywhere on the full-time form at a higher level, you have no options to refuse it on legal grounds.
If you have time until the end of the current academic year, then it is clear that you refuse the mobilization order until the end of the current academic year.
But the TCC knows this and issues you a mobilization order for the future. For example, your school year ends on June 30. And they issue you a summons for July 1.
Let me tell you right away, in this case, TCC and SP act illegally. They have no right to issue a mobilization order for the future.
They can issue a summons to clarify the data and invite you to appear on it, show your documents for deferment, if you have them. And after that they will decide whether to issue you a mobilization order or not.
But for the future it is illegal to issue it. They are not prophets, they do not have the gift of foresight, whether you will have a deferment in the future or not.
And of course from such mobilization order, issued before the end of the current academic year, you have the right to refuse quite legally.
And say, the summons to clarify the data write out. But not a combat one and not for dispatch, I refuse it.
In general, that's how you should behave.
But then their last trump card comes into play.
If you refuse to sign the mobilization order for the future, they illegally refuse to issue a military card or temporary certificate of the person liable for military duty.
And here, if this happens, they simply from all sides and immediately need to be piled with complaints to the Ministry of Defense and calls to the police. And record their refusal to issue you documents.
I even recommend to do this just for the purpose that further, if someone will stop you on the street and will try to write a fine for the absence of military registration document, to have all chances to appeal it in court.
Maybe this course of action will work.
But if not - you will have to leave TCC without a military registration document and solve this issue. They can and should be obliged to issue it through the court.
You say well, I will get this mobilization order, sign in it, take the military registration document with a vin-code, enroll, but I will not appear on the mobilization order.
As an option, but, first, you need to take away this military registration document with a vin-code, and even after your signature on the mobilization order, they may try to keep it. And here again complaints, police, courts.
Secondly, in order not to appear on the mobilization order on the date specified there, you need very good reasons for non-appearance.
Maybe you will have time before the date of appearance to enter an educational institution at the level of education on the level higher, apply for deferment, and if the date of your enrollment will be earlier or coincide with the date specified in the mobilization order, you may well not appear on it and you will be right. And continue with the deferment. And if someone does not agree with it - here in the time of courts you are not limited already and time plays in your favor.
But what if you do not have time to enroll in an educational institution before the date of your expected departure.
In this case, if you do not have a valid reason for non-appearance, you can be tried first for failure to appear on the summons to send, and then already formalize your deferment. Of course, in practice, few of them want to engage in this pointless process, since you are not subject to mobilization. But everything can be.
To have a valid reason for non-appearance you must have, for example, a sick leave that you are sick and can not appear in the military enlistment office. And you should send it in advance to the TCC in a valuable copy with an inventory of attachments and courier delivery with explanations why you can not appear.
But not everyone has such a reason. And plus it gives you only a postponement of attendance for the period of sick leave. It doesn't exempt you from it at all. And during your sick leave, you have to get to a higher level of enrollment.
These are the obstacles to students who have not had time to put their documents in order, have created on this path.
Does it matter what kind of education I'm getting?
No, it does not. To get deferment from mobilization on study, you must study and receive education at a level higher than the previous one. And it does not matter what profile.
For example, if you have a master's degree in mechanical engineering and a bachelor's degree in economics, you already have a master's degree.
Therefore, if you have a master's degree in economics, you will not get deferment from mobilization.
You will get it only by entering any of the directions in the graduate school of full-time education.
