Currently, applicants for professional (vocational and technical), professional pre-higher and higher education who study full-time or dual education and obtain a level of education that is higher than the previously obtained level of education in the sequence specified in Part 2 of Article 10 of the Law "On Education", as well as doctoral students and persons enrolled in internships, are not subject to military service during mobilization.
However, the Cabinet of Ministers proposes to significantly change this norm to prevent mobilization avoidance. The government has registered the corresponding draft law 13193 on amendments to Article 23 of the Law "On Mobilization Preparation and Mobilization" in the parliament.
According to it, the following will not be subject to conscription:
- students of vocational (vocational and technical) education institutions and applicants for professional pre-higher education who began their studies no later than 25 years of age and who study full-time or dual form of education,
- higher education students within the estimated completion period of the educational program, and who study full-time or dual education,
- doctoral students and doctors (pharmacists) – interns, doctors – residents.
At the same time, a rule is introduced that the right to deferment applies only to students in educational institutions (scientific institutions) who are first obtaining education at a level higher than the level previously obtained in the sequence specified in Article 10 of the Law "On Education".
Thus, higher education students will have the right to a deferral within the estimated term of completion of the educational program, but only if they are first obtaining education at a level higher than the level previously obtained in the sequence specified in Article 10 of the Law "On Education".
The Cabinet of Ministers indicates that the current norm is used as an "indirect avoidance of conscription" by persons of conscription age who have already received a certain level of education and entered educational institutions in 2022-2024 to obtain a level of education that is equal to, and in some cases even lower than, the previously received educational level.
In addition, over the past six months, the number of applicants for professional (vocational and technical) education (up to 17) and applicants for professional pre-higher education (up to 338) from among conscripted men over 75 years of age who are receiving education in a sequential order based on basic or complete general secondary education and have a deferral has significantly increased.
Therefore, it is necessary to determine the age of applicants for vocational (vocational and technical) and professional pre-higher education that will grant the right to a deferral.
"At the same time, education seekers who are receiving education in a non-consecutive order and persons who began receiving education abroad after February 24, 2022, do not abandon attempts to judicially challenge the legislative requirement for a deferral for education seekers, which does not apply to education seekers who are receiving education in a non-consecutive order and to persons studying in foreign educational institutions."
There are already decisions of first instance courts, according to which the courts are critical of the position of the Ministry of Education and Science on determining the sequence of obtaining education as one of the conditions for granting a deferral to applicants who are obtaining the same level of education for the second time, and oblige the Ministry of Education and Science and the technical administrator of EDEBO - State Enterprise "Inforesurs" to make changes to the data contained in EDEBO.
The increased activity of the legal community on this issue, the increase in the number of lawsuits filed by education seekers in an inconsistent manner also requires the development of amendments to the legislation, which would eliminate the basis for challenging existing legal norms in the field of military service and mobilization" - the government emphasized.
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