Does postgraduate study exempt from military service in 2025?

The Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilization and Military Registration» № 3633 has largely changed the regulation of deferments from service in the Armed Forces. In general, over the previous few months, the provisions of the current legislation have undergone major transformations. Therefore, in view of this, persons liable for military service often need high-quality legal assistance and support when interacting with representatives of the TCC and JV. Sometimes it is simply a matter of getting a competent interpretation of legal norms with their adaptation to your specific situation. In all such cases, the team of Prikhodko & Partners Law Firm will help you. We employ specialists for whom military law is the focus of their practice.

What does the law say about deferment for graduate students?

Згаданий закон, котрий було прийнято 11 квітня 2024 року, великою мірою змінив регулювання цього питання для здобувачів освіти. Так, раніше аспіранти мали право на відстрочку, незалежно від віку та спеціальності. Також не бралося до уваги те, чи навчається людина на бюджетній формі, чи проходить навчання на контрактній основі. Основним фактором була послідовність здобуття освіти. Тепер все змінилося.

Як показали тенденції, саме аспірантура стала певною «можливістю» для уникнення мобілізації. Про це свідчать статистичні дані, котрі можна побачити у відкритому доступі.

For example, the «Slovo i Dilo» publication cites the following statistics:

• In 2019, there were 2082 men aged 25+ who entered postgraduate programs.
• In 2020, the number was even lower - 1955 people.
• In 2021, the figure increased slightly, but it did not change significantly - 2554 people.

In 2022 and 2023, these figures increased many times over. Thus, in 2022, 9725 men entered graduate school, and the following year the figure was one and a half times higher - 13594 people. In view of this, the Ministry of Education and Science took another important step, which was the Order of June 24, 2024.

What has changed as of today?

To briefly analyze the changes, the acceptance of applications and enrollment in full-time or dual enrollment postgraduate programs has been suspended until January 1, 2025. Exceptions are applicants defined in paragraphs 1, 3, 5 and 6 of Article 23 of the Law «On Mobilization Training and Mobilization».

To summarize the changes: new postgraduate students who will be enrolled on a contract basis will not be eligible for deferment.

As for postgraduate students who entered in 2021-2023, these changes do not apply to them. The institution does not have the right to initiate the transfer of a contract student from full-time to part-time or evening studies without the student's application. This means that the existing contracts that were concluded with full-time graduate students will remain valid. Therefore, those persons liable for military service who have signed a contract with a higher education institution prior to the current enrollment campaign still have the right to defer mobilization.

To summarize...

Thus, the new rules apply specifically to postgraduate students entering in 2025. As for the applicants of previous years, they are not threatened with transfer to evening or part-time studies. This is due to the fact that other rules were in effect at the time of their admission.

If you need high-quality advice on this issue not in general terms, but with a detailed analysis of your situation, the lawyers of Prikhodko & Partners Law Firm offer their services. We also provide legal support in the proper execution of the deferral and interaction with the TCC and JV in this regard.