Student mobilization: who has a deferral under the new law and what are the nuances

Lawyers told UNN journalist about the changes and nuances in the norms of student mobilization. In particular, 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.

Subsequently, on April 17, the newspaper "Holos Ukrainy" published information about the mobilization law. Thus, it will come into force on May 18.

WHICH STUDENTS WILL BE ELIGIBLE FOR DEFERMENT

Olha Marko, a lawyer at the Yurydychna Sotnia NGO, noted that under the new changes, not all students who have deferred classes now will retain this right.

However, the Law provides 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 her, under this law, only those students who are obtaining a level of education higher than the previously obtained level of education will be eligible for deferral. 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 (primary) level of vocational (vocational-technical) education;
• second (basic) level of professional (vocational) education;
• third (higher) level of professional (vocational) education;
• professional higher education;
• the initial level (short cycle) of higher education;
• first (bachelor's) level of higher education;
• second (master's) level of higher education;
• the third (educational-scientific/educational-creative) level of higher education.

DEFERRAL FOR GRADUATE STUDENTS

Initially, according to the original version of the draft law on mobilization No. 10449, postgraduate students who were studying on a contract basis were subject to conscription during 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 contradicted the Constitution of Ukraine.

Lawyer Ihor Yasko pointed out that postgraduate students will be deferred from mobilization:

• both on a budget and contract basis;
• doctoral students and persons enrolled in internships;
• teachers with a scientific degree of 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 THE DEFERMENT

Marko noted that until a person regains the status of a student, they will be able to be mobilized.

Usually, during the vacation period, students retain their status, i.e. if a person transfers 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 regains the status of a student.

Yasko added that graduates of non-mobilization age (under 25) will not be mobilized into 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.

In addition, Marko noted that students of vocational (vocational-technical), professional pre-university 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 retained. 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 person's age does not matter.

TERMS OF DEFERRAL FOR MEN 30+

Lawyer Yasko noted 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 people who are pursuing higher education and are over 30 years old, but this is unconstitutional and discriminatory, and also violates the principle of equality. The document is currently on hold.

HOW OFTEN DO I NEED TO CONFIRM MY TRAINING?

Lawyer Marko said that in practice, TCCs and JVs grant deferrals for 6 months, after which it is necessary to appear and update the data. Thus, the TCC and the JV check whether the circumstances have not changed during this time and whether the person is still entitled to a deferral.

Lawyer Yasko added 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 TCC and JV (a certificate from the educational institution, which can be obtained from the dean's office of their faculty).

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Earlier, UNN wrote about who can get a deferral from mobilization.