Some students and pupils may lose their right to deferment from mobilisation

Ukraine is discussing new changes to mobilisation legislation that may affect students and pupils. According to draft law No. 13634-1, only some of them will be able to retain the right to deferment. Find out who exactly may be affected by the new rules and which categories will retain protection

Legal advice for Ukrainians

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Discussions on amendments to the legislation on mobilisation are continuing in Ukraine. A new bill, No. 13634-1, has been registered in the Verkhovna Rada, proposing to restrict the right to deferment for some students and pupils. The document became an alternative to the government's draft and was submitted by Roman Hryshchuk, a member of parliament from the Servant of the People faction and a member of the Committee on Education.

Which students can count on a deferral from mobilisation?

According to the draft, not everyone will be eligible for deferral from mobilisation. Mobilisation will not apply to:

▪️ pupils of vocational (vocational-technical) education institutions and students of higher vocational education who began their studies before reaching the age of 25 and are studying full-time or in a dual form;

▪️ students of higher education institutions who are studying within the time frame established by the programme and are also studying full-time or in a dual form;

▪️ doctoral students, interns and residents.

At the same time, it remains a mandatory condition that education must be obtained for the first time at a level higher than that already mastered previously.

What does ‘within the estimated duration of the programme’ mean?

In practice, this means that the student must complete their studies within the period specified in the curriculum. If the bachelor's programme is designed to last 4 years (for example, September 2023 – June 2027), then any delay – academic leave, retakes, reinstatement after expulsion – will result in exceeding the term. In this case, the right to deferral will be lost.

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Education workers

The right to deferment will also be retained by employees of educational and scientific institutions if they are employed at a rate of at least 0.75. This applies to:

▪️ scientific workers with a scientific degree;

▪️ scientific and pedagogical staff of higher education institutions and vocational schools;

▪️ teachers in schools, vocational schools, colleges and universities.

It is this point that distinguishes Hryshchuk's initiative from the government's draft law No. 13634, which did not take into account the expanded list of teaching staff enshrined in Law No. 3791-IX of 6 June 2024.

Why are the changes being made

According to the initiator, the bill aims to clarify the categories of persons who should actually receive a deferral from mobilisation. In particular, this will prevent abuse, where adult men enrol in college or university after the age of 25 in order to obtain temporary protection from conscription.

Thus, if the document is adopted, some students and pupils may lose their right to deferment if their studies exceed the officially established programme duration or are started too late.

Reminder! Ukrainian students have the right to study abroad temporarily. Find out more about who can take advantage of this opportunity and what rules apply to men during martial law.

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