Postponement from conscription – second higher education

As of today, full-time education is a reason for postponement of mobilization in accordance with Art. 23 of the Law of Ukraine "On Mobilization Training and Mobilization". In the specified article, there is no mention of what kind of education gives the right to deferment. That is, it is possible to obtain a second or third education, the main thing is that the acquisition of such education is in the full-time form of education. But this reason can be changed with the entry into force of draft law № 9672 on amendments to Art. 23 of the Law of Ukraine "On Mobilization Training and Mobilization", which has already been registered in the Verkhovna Rada of Ukraine.

In accordance with the specified changes, the right to a deferment for students is preserved, but subject to certain conditions and additions.

Condition 1 - second higher education

According to the specified draft law, it is proposed not to grant a deferment to those conscripts who obtain a second higher education. For example, a person has a bachelor's or master's degree in one specialty, and in case of admission to a bachelor's or master's degree in another specialty, such a person will not have the right to a deferment. But if a conscript has a bachelor's degree and decided to get a master's degree in the same specialty, then it is considered that he receives his first higher education. That is, there should be consistency in obtaining a degree of higher education.

Condition 2 - age

The specified draft law states that the right to postponement is lost if the student started his education after reaching the age of 30 or in the year in which the student would have turned 30.

In fact, conscripted men aged 29-30 years and older will not have the right to deferment from mobilization in connection with training.

Of course, the age criterion is strange for everyone, some consider it discriminatory, but it is only a draft law that can be revised by the people's deputies, or it can remain in this version.

If the postponement for the specified reason has already been issued?

In this case, whether such a postponement will be preserved is difficult to predict, because this mechanism must be considered and approved in the transitional and final provisions of the Law, which will be adopted in the final version.

Is it possible to apply now for a deferral in case of obtaining a second higher education?

Until the changes to the Law of Ukraine "On Mobilization Training and Mobilization" have been made, persons obtaining any education in the full-time form of education have the right to postpone mobilization and can submit a corresponding application to the Territorial Center of Procurement and Social Support.

Recommendations

Each case of deferment from mobilization for students is individual, it depends on the degree of higher education, the age of conscripts and other circumstances. To understand whether there is a right to postponement, it is better to consult with a lawyer before clarifying the data in the Territorial Center of Procurement and Social Support. This is necessary in order to collect a complete package of documents required for postponement, correctly prepare an application for registration of postponement and know the algorithm of further actions.