Which students are given a deferral?

In the face of current challenges, Ukraine has made important changes to its mobilization legislation. The criteria for students to be eligible for a deferment were revised.

Criteria for granting a deferment from mobilization for students

Ukrainian legislation clearly regulates the conditions under which students can receive a deferment from mobilization. According to the updated regulations, the right to such a deferral is granted to students who are enrolled in full-time or dual enrollment and who meet the conditions for consistent improvement of their education.

For example, if a person has completed a bachelor's degree and is applying for a master's degree. However, if a student already has a bachelor's degree and decides to obtain another bachelor's degree, even in a different specialty, he or she loses the right to deferment.
In particular, the following can apply for a deferment:

1. persons who are obtaining a bachelor's degree for the first time;
2. Master's students who have previously obtained a bachelor's degree;
3. postgraduate students, regardless of their previous educational level.

The updated legislation has significantly limited the range of persons entitled to deferral. In particular, the right to deferment does not apply to:

• part-time students;
• Persons obtaining a second or third higher education;
• those who were previously expelled from the university and resumed their studies.

Dynamics of the right to deferment from mobilization

When considering the issue of deferment from mobilization for students, it is important to realize that this right may be subject to changes depending on the specific stage of the educational process.

During the academic period, which includes vacation time, students retain their status and, accordingly, the right to deferment from conscription. However, the situation changes when students complete one educational level and prepare to enter the next. For example, after obtaining a bachelor's degree and before officially enrolling in a master's program. During this transitional period, a person formally loses his or her student status, which may make him or her potentially subject to mobilization.

Step-by-step algorithm of actions for obtaining a deferment from mobilization for students

In order to exercise their right to deferment from mobilization, students must follow a series of sequential steps:

• Step 1: Obtaining educational documentation

Students should contact the administration of their educational institution to obtain an official certificate. This document should contain information about the form of study (full-time or dual) and the projected date of completion of the educational program.

• Step 2: Interaction with the TCC

The student applies to the relevant TCC and JV to submit an application and documents for deferment.

• Step 3: Consideration and decision-making

Representatives of the TCC and JV analyze the submitted materials and make a decision on granting the deferral. In case of a positive decision, the student receives an official document confirming his or her right to deferment from mobilization. This document should be kept for possible future checks.

• Step 4: Monitoring the status of deferment

The TCC and the JV may periodically verify the grounds for extending the deferment. The student should be prepared to provide relevant supporting documents upon request.

Important! Compliance with this procedure is mandatory for all students applying for a deferment from mobilization.

When do you need legal assistance?

If you are a student and are faced with the issue of obtaining a deferral from mobilization or need assistance in preparing documents, please contact Prikhodko & Partners Law Firm. The company's specialists will provide expert advice, help you understand the new legislative norms and ensure the protection of your rights in the process.

Do not hesitate to get legal assistance to be sure of your legal status. Fill out the form on the website and our lawyer will contact you as soon as possible.