Mobilization in Ukraine: can a cadet be expelled from a military university during the war

16 January 2023, 10:16 | Ukraine 
фото с Зеркало недели

Martial law is in effect in Ukraine and general mobilization has been announced through a full-scale military invasion of the Russian Federation.

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Lawyer Igor Daineko told whether a cadet of a higher military educational institution can stop studying at this time.

He emphasized that according to. Instructions on the procedure for the transfer, expulsion and restoration of cadets (students) of higher military educational institutions of the Ministry of Defense of Ukraine approved by order of the Ministry of Defense No. 490 of 24. 12. 97 cadet (listener) may be expelled from a higher military educational institution from the first year due to unwillingness to continue training.

For this, according to. Instructions you need to submit a report to the head of the university about the unwillingness to continue studying. In the future, the academic council meets and decides on deductions.

It is important to know that a person has the right to use the right to deductions due to unwillingness to continue training only while he is a first-year cadet, when he transfers to the second year of study, he loses this right.

Part 10 of Article 25 of the Law of Ukraine "

reluctance to continue learning.

indiscipline,.

in case of refusal to continue military service in the positions of officers.

after graduating from a higher educational institution, reimburse the Ministry of Defense of Ukraine and other central executive authorities to which these educational institutions are subordinate, the costs associated with their maintenance in a higher educational institution, in accordance with the procedure and conditions established by the Cabinet of Ministers of Ukraine.

Decree of the Cabinet of Ministers of Ukraine dated 12. 07. 2006 No. 964 approved the Procedure for reimbursement by cadets of expenses associated with their maintenance in higher educational institutions, which determines the mechanism for reimbursement by cadets of expenses associated with their maintenance in a higher military educational institution in the event of early termination of the contract due to the above reasons.

In accordance with clause 3 of the said Procedure, reimbursement is made in the amount of actual expenses associated with:.

monetary, food, clothing, medical support;

transportation to the place of annual leave and back;

payment for utilities and the cost of consumed energy.

In pursuance of the above paragraph 3 of the Procedure, a joint order was issued by the Ministry of Defense of Ukraine, the Ministry of Finance of Ukraine, the Ministry of Internal Affairs of Ukraine, the Ministry of Transport and Communications of Ukraine, the Administration of the State Border Guard Service of Ukraine, the State Guard Department of Ukraine, the Security Service of Ukraine, which approved the Procedure for calculating the costs associated with.

In the above joint order, it is noted that the cost of monetary allowance is the monthly allowance received by the cadet for the entire period of study..

The actual data are calculated from the calculated information and other documents confirming the payment of the monthly allowance to the cadet.

In accordance with paragraph 4 of the Procedure, the actual expenses are calculated by the higher educational institution in accordance with the standards for the maintenance of cadets.

Thus, cadets, in case of early termination of the contract, reimburse the actual costs associated with their maintenance in a higher educational institution.. That is, those expenses that the institution incurred for maintenance during the period that the person studied.

In case of refusal of voluntary reimbursement of expenses, such reimbursement is carried out in court, since it entails a violation by such a person of the economic and defense interests of the state.

Recall what to do to those liable for military service who were waiting for the summons, but did not receive it.

Источник: Зеркало недели