General mobilization: does a graduate student have the right to deferment

10 February 2023, 09:45 | Ukraine 
фото с Зеркало недели

General mobilization in Ukraine and martial law declared. Currently, men of military age receive subpoenas and join the ranks of the Armed Forces of Ukraine. The law also provides for categories of citizens entitled to deferment from conscription..

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Lawyer Marina Bekalo explained whether this applies to graduate students and how they should act during mobilization.

She confirmed that such persons were entitled to a deferral under Art.. 23 of the Law of Ukraine "

According to it, applicants for professional (vocational and technical), professional higher and higher education, trainee assistants, graduate students and doctoral students studying in full-time or dual forms of education are not subject to conscription during mobilization for a special period..

She stressed that the law only states that such a category of persons is not subject to mobilization.. The relevant legislation does not provide for the obligation to apply for a deferment or undergo any procedures and algorithms. Confirm the right to deferral (every year) is provided for conscripts for military service, but there is no such obligation for those liable for military service at the time of conscription for military service during mobilization.

The expert recommended that such persons submit an application with documents to the TCC SP (military registration and enlistment office) in advance, so that if the summons is handed over, they have a rationale for representatives of the military registration and enlistment office why it makes no sense for them to hand over this summons and, in order to be able to confirm this fact documentarily (with a stamp in a military ID or temporary certificate and.

In her opinion, it is better to provide documents confirming the postponement in person, and not by mail..

“You can send by mail, it is not prohibited by law. But the military registration and enlistment office will accept the documents along with the application and put them on the back burner. That is, without a personal presence, no one will provide a certificate and will not put a stamp on the granted deferment in the military registration document, ”said Marina Bekalo.

The expert emphasized that if a person documents his full-time education, with a certificate from the university, then they do not have the right to legally mobilize him. After all, there is a law, everyone must follow it.. If a graduate student refused to send a summons, then they will not be able to prosecute him, because there will be no corpus delicti, because there is a law exempting him from mobilization.

Recall that volunteers who defended our country can receive the status of a participant in hostilities.. The government approved the procedure for obtaining it.

Источник: Зеркало недели