STUDY AS A BASIS FOR RECEIVING A DEFERENCE FROM CALL FOR MILITARY SERVICE DURING MOBILIZATION

The grounds for receiving a deferment from conscription for military service during mobilization are specified in Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization" (hereinafter also ‒ the Law). Thus, in accordance with the second paragraph of the third part of Article 23 of the Law on conscription for military service during mobilization, the special period is also not subject to the acquisition of professional (vocational and technical), professional pre-higher and higher education, assistant trainees, graduate students and doctoral students studying under full-time or dual forms of education.

I would like to draw your attention to the fact that the specified norm of the Law of 14.04.2022 was supplemented by a new category, namely "professional (vocational and technical) graduates", which significantly expanded the range of persons who are not subject to conscription for military service during mobilization, for a special period.

It should also be emphasized that the Law does not provide for age restrictions regarding education seekers and the number of educations that a conscript already has. That is, regardless of age and the number of already existing educations, any military conscript can be a professional (vocational-technical), professional pre-higher and higher education, assistant-intern, graduate student and doctoral student who studies on a full-time or dual form of education .

However, it is necessary to remember that after receiving the status of "education seeker", it is necessary to notify the territorial recruitment and social support center about the specified circumstances. This duty is enshrined in paragraph eight, point one of the Rules for military registration of conscripts and conscripts, approved by Resolution № 921 of the Cabinet of Ministers of Ukraine dated December 7, 2016, according to which conscripts must personally report within seven days to the authorities where they are on military records, about a change in their marital status, state of health, address of place of residence (stay), education, place of work and position.

Such a notification is necessary, because the employees of the territorial recruitment and social support center, not being aware of the specified circumstances, which give grounds for obtaining a postponement of conscription for military service during mobilization, for a special period, can mobilize such a person, which in will create problems in the future, because the specified circumstances, according to Article 26 of the Law of Ukraine "On Military Duty and Military Service", are not grounds for dismissal from military service. That is, a situation arises when a person was illegally mobilized, but there are no legal grounds for his release from military service.

We also advise you to obtain from the territorial recruitment and social support center the appropriate certificate and/or notes in the military registration document that the conscript has a deferment from conscription for military service during mobilization, for a special period in connection with training.

Unfortunately, in practice, everything is not as simple as it may seem at first glance, so contact AB "Prikhodko&Partners" and get professional advice on the procedure for obtaining a postponement of conscription for military service during mobilization, for a special period in connection with training.