Verkhovna Rada of Ukraine extended martial law and general mobilization for 90 days. Thus, the martial law in Ukraine in connection with the Russian aggression has been extended for another three months, that is, until May 20, 2023..
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Lawyer Anastasia Ivanchenko explained whether a student who is a reserve officer can be mobilized at this time.
She explained that for such persons the obligation to serve as a reserve officer really exists and it is provided for by the norms of the Law of Ukraine "
Military service for the conscription of officers is a separate type of military service regulated by the Law of Ukraine " 6 st. 2 of the Law) and the Order of the Ministry of Defense of Ukraine dated 10. 04. 2009 No. 170 "
Officers who have graduated from military departments and have not completed military service are called upon, after the issuance of the relevant order of the Minister of Defense on the conscription of reserve officers for military service. The term of military service for officers who are doing military service by conscription is up to 18 months (h. 7 st. 23 of the Law of Ukraine " 10. 1 Section X Instructions).
Consequently, military service by conscription during mobilization and military service by conscription of officers are different types of military service..
Mobilization continues today. Therefore, the rules of par.. 2 h. 3 st. 23 of the Law of Ukraine "
In accordance with 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 also not subject to conscription during mobilization for a special period..
According to Art.. 61 of the Law of Ukraine "
higher education applicants;
other persons studying in higher education institutions. Applicants for education are, in particular, students.
According to p. 1 hour. 2 st. 61 of the Law of Ukraine "
That is, from the moment such a person is enrolled for training, he is a student (applicant for higher education) and is not subject to mobilization.
Para provision. 2 h. 3 st. 23 of the Law of Ukraine " This article does not specify restrictions on the age of such a student, the presence or absence of higher or professional education, or the time of admission to the university..
That is, if a person is a university student and is studying full-time (full-time) education, then he has the right to defer from mobilization for the entire period of study.
But on the condition that by the time of mobilization (before the delivery of the mobilization order), it will provide supporting documents to the military registration and enlistment office stating that it is a student:.
a certificate from the university on enrollment and the period of study;
copy of student card;
training contract (will not be superfluous).
Also, information in the TCC and the joint venture on his enrollment in an educational institution must be submitted by the educational institution itself.. However, if such a person was given a subpoena, then it would be faster to submit documents to the TCC on their own. After the submission of documents on training, the refusal to grant a deferment will be illegal.
To obtain a deferment, you must contact the military registration and enlistment office with a written application, describe the circumstances and grounds with a mandatory reference to par.. 2 h. 3 st. 23 of the Law of Ukraine " Documents confirming the fact of training must be attached to the application..
This application must be submitted in two copies.. One for the military registration and enlistment office, the second for a person liable for military service, so that the military registration and enlistment office puts a mark on the acceptance of the application. If the military registration and enlistment office refuses to accept the application or put a mark on its acceptance, this application should be sent with attachments to it by a valuable letter describing the attachment and courier delivery.
Receipt of shipment and description of the attachment must be kept. So that in the future, if necessary, it would be possible to provide proof of sending the application and its receipt by the military registration and enlistment office.
The lawyer stressed that the Law of Ukraine " Therefore, university students, regardless of age or existing first higher education, have the right to deferment from mobilization.
Recall whether a man with a criminal record can be called up during mobilization.