Deferment from the army due to study 2024

The issue of postponement of military service in connection with education is regulated by the legislation of Ukraine, taking into account the latest changes.

Legislative framework:

• The main document regulating the issue of deferment is the Law of Ukraine «On Mobilization Training and Mobilization» and the Resolution of the Cabinet of Ministers of Ukraine №560 dated 16.05.2024.

Categories of students eligible for deferment:

• Students of higher education institutions of III-IV accreditation levels with full-time or dual form of education
• Students of vocational schools
• Doctoral students and persons enrolled in internships

Conditions for granting deferment:

• the level of education obtained must be higher than the level previously obtained;
• the citizen must be registered for military service.

Procedure of registration:

• the student must apply to the educational institution to obtain a certificate from the place of study confirming his/her status, form of study and sequence of education or obtain a certificate of enrollment in an internship from the educational institution and obtain a certificate of employment as an intern in a healthcare facility.
• the student must form an application of the established form with the provided list of documents and submit it personally to the head of the commission of the district (city) TCC and JV.

Features and innovations:

• due to the update of the legislation of Ukraine, persons studying in educational institutions who were entitled to a deferment from conscription during mobilization before the amendments to the Law were introduced, in case of loss of such a right, retain the deferment until the end of the current academic year.
• the right to obtain a deferment due to study was restricted for Ukrainian citizens who are students of foreign educational institutions.

Liability for evasion:

• It is important to note that violation of military legislation entails administrative penalties or criminal liability.

The law firm «Prikhodko & Partners» can provide a number of important services regarding the issue of deferral from mobilization due to study.

List of basic services:

Consultations:

• Detailed explanation of the current legislation
• Analysis of documents and the client's individual situation
• Development of a legal strategy for the client's further actions

Preparation of documents:

• Assistance in collecting the necessary documents
• Drafting applications, complaints, reports and inquiries

Representation of interests:

• Support of the client in the TCC and JV
• Representation of interests in the relevant state bodies
• Consultative support of a specialist

Appealing decisions:

• Appealing against illegal actions of the TCC and JV commissions
• Appeal against decisions of the Military Medical Commission
• Representation of interests in court if necessary

Assistance in interaction with the educational institution:

• Consultations on obtaining the necessary certificates
• Assistance in resolving disputes with the administration of the educational institution

Protection of rights:

• Ensuring the observance of citizens' legal rights
• Counteracting possible abuses by officials

In general, the issue of postponement of conscription in connection with education requires a careful approach, knowledge of the law and professional legal assistance to ensure that the rights of citizens are respected and that the constitutional duty is fulfilled.