Education in the crosshairs of mobilization: what happens to deferrals
27 January 11:50
During the summer vacation, university students and teachers may lose their deferment and be mobilized. This statement was made by MP Roman Hryshchuk. According to him, this is stipulated by the Resolution of the Cabinet of Ministers of Ukraine No. 1558 of December 31, 2024, on the procedure for granting deferment from military service, which came into force on January 16 and creates legal conflicts regarding deferments. This was a real “bombshell” and the same day the Ministries of Education and Defense issued assurances that everything was not so critical. [ Kommersant looked into the situation with deferments for students and teachers.
MP Roman Hryshchuk drew attention to two paragraphs of the Cabinet’s resolution, which, in his opinion, contradict the law on mobilization and mobilization training and may cause ambiguous interpretation:
- The postponement of the call-up for military service during mobilization, during a special period, for persons specified in subparagraph 1 of paragraph 2 of Annex 5 (students, postgraduates) is granted for a semester, but not more than six months.
- The postponement of the call-up for military service during mobilization, during a special period, for persons specified in subparagraph 2 of paragraph 2 of Annex 5 (scientific, scientific-pedagogical, pedagogical workers) is granted until the end of the academic year, but not more than until the circumstances under which the person loses the legal grounds for postponement.
“According to this resolution, the deferment is granted until the end of the academic year, i.e. until May-June. What will happen to teachers in the summer months? How does the Cabinet of Ministers see it? As for students, the risks are the same,” the MP noted.
He said that he had appealed to the Cabinet of Ministers to eliminate inaccuracies in the interpretation.
Postponement for two semesters is planned
Subsequently, Minister of Education and Science Oksen Lisovyi said that the mobilization of students and teachers in Ukraine is not foreseen, and that contradictions in bylaws or other documents will be resolved in accordance with the current law on mobilization.
Mykhailo Vynnytskyi, Lisovyi’s deputy, assured that the academic year ends on August 31 (including vacation) for academic staff of higher education institutions, and the new academic year begins on September 1. The same applies to students who are not in their final year of study.
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The Ministry of Defense emphasized that the fundamental innovation is that now students do not need to confirm their status at the territorial centers of recruitment and social support (TSC and SS) every three months.
A separate procedure is provided for students who are unable or unwilling to use the “Reserve”. They have to receive an extract from the EDEBO at their educational institution every six months and apply to the TCC and SP to extend the deferment.
For teachers, the conditions for obtaining a deferment have not changed. They must be employed at a rate of at least 0.75, which is confirmed by the curriculum for the academic year, which lasts from September 1 to August 31 (including holidays and vacations), unless otherwise provided by the Regulations on the organization of the educational process of the relevant institution.
The ministries also assured that vacations and the end of the academic year are not grounds for losing the right to deferment. However, this does not apply to everyone.
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Students of foreign universities and some teachers are at risk
According to lawyer Vasyl Sereda, despite the statements of officials, this resolution does have nuances that may prevent some students and teachers from extending their bookings.
“On the one hand, it is true that the academic year ends on August 31 for academic staff, and the new year begins on September 1. However, in many educational institutions, professors and associate professors are left without the status of a teacher in the summer, and therefore without the guarantees provided by the mobilization legislation, as universities conclude contracts for 10 months rather than a year with compensation for unused vacation. That is, if the age is mobilization age, then a teacher can be mobilized during this period. And it is not clear how the “academic year” is calculated for researchers,” the lawyer notes.
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The situation with students is also ambiguous. This is especially true for those who study remotely at foreign universities and cannot leave Ukraine. The Ministry of Defense has stated, and the Cabinet of Ministers’ resolution states, that students must receive an extract from the EDEBO database, but students of foreign universities will not receive it because foreign educational institutions do not have records in EDEBO. That’s it. The circle is closed. No deferral is provided in case of mobilization age.
The situation was further complicated by MP Dmytro Razumkov, who said that a student ID card would not protect against mobilization. Starting September 1, all universities will be required to provide basic military training. If a student passes it at the age of 18 or 19 and then is expelled, he or she may also be mobilized.
“Limitedly fit people between the ages of 18 and 25 have been mobilized since the first day, and the president has not signed the law prohibiting this for four months. And one of the latest “brilliant” ideas of the authorities is fines for 17-year-old boys who did not register for military service in time,” Razumkov said.
The last straw was a report by the Associated Press quoting Colonel Pavlo Palisa, deputy head of the Presidential Office. The colonel said that Ukraine is considering new options for conscription, including 18-25-year-olds who are currently exempt from mobilization, as well as Ukrainians who are eligible for a deferral or were exempted after the adoption of the law on mobilization.
According to him, this work is in its final stages and can help respond to calls from the Biden and Trump administrations that Ukraine could increase the size of its army by lowering the conscription age.
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Author: Alla Dunina