Mobilization of students and graduate students: why military enlistment offices deny university students deferments.

Your Application is Different: Why Students and Postgraduates are Denied Deferrals

Vadim Didenko, a legal assistant at MORIS, explained that submitting an application for a deferral from mobilization during a special period in a format different from that specified in Appendix 4 to Order No. 560, taking into account the principle of reasonableness (provided that all necessary information is included in such an application), cannot be considered a significant violation of the legislation and serve as an independent basis for denial of the deferral. "At the same time, it is important to understand that sometimes the TCC and SPC commission interprets the letter of the law quite formally and may deny a deferral even due to an improper application format," said Vadim Didenko.

Regarding the incorrect application format for a deferral, lawyers say that in August, the Cabinet of Ministers changed this format with Resolution №930 dated 16.08.2024, when the government amended the application form for deferral — Appendix 4. However, the TCC did not inform students and postgraduates about these changes — many university students continued to submit applications on the old form in August and September.

"From 16.08.2024, students and postgraduates should submit their deferral application (Appendix 4) to the TCC and SPC, as well as a certificate about the education seeker, generated in the Unified State Electronic Database on Education by the relevant educational institution," noted Sergey Savinsky.

Rostislav Sobotnik, a lawyer at MORIS, shared that students and postgraduates can reapply to the TCC and SPC commission for a deferral, taking into account the reasons for the denial of the first application: adding a certificate in the format established by the Order, a copy of the military registration document (paper or electronic from the "Reserve+" appendix), printing a higher quality scanned copy of the document that the commission could not identify, and so on.

The key document for deferral for postgraduates and students is the certificate about the education seeker, generated in the Unified State Electronic Database on Education.

"Legislation does not restrict citizens from reapplying to the TCC and SPC commission for a deferral." If the re-submitted deferral application is ignored by the commission or if the applicant receives a denial after its review, they can file a complaint with the head of the TCC and SPC against the decisions of the commission's officials, justifying the reasons why they believe those decisions are unlawful. If these actions do not yield the desired result and the deferral application remains inadequately reviewed, one should appeal to the court in the administrative proceedings.," said the lawyer.

Mobilization Due to TCC Denial: What Students and Postgraduates Should Do

Rostislav Sobotnik stated that, according to paragraph 2 of point 63 of Order No. 560, if the commission decides to deny a deferral, the military liable person subject to conscription for military service during mobilization is sent for a medical examination to determine their fitness for military service. If deemed fit for military service, they may be mobilized.

Sergey Savinsky explained: if the TCC and SPC commission denied a deferral to a student or postgraduate, they may be mobilized.

To avoid illegal actions by TCC staff who might attempt to serve a summons to the student, the lawyer advises the following:

1. Refer to paragraph 60 of the Cabinet of Ministers Resolution dated 16.05.2024 №560, which states that until the commission makes a decision, the military liable person is not subject to conscription for military service during mobilization in a special period;

2. If the TCC and SPC do not respond to your arguments and unlawfully detain you, you should contact the police.

Deferral for Postgraduates in 2024: Not Everyone Will Receive It

Article 23 of the law "On Mobilization Preparation and Mobilization" states that those seeking professional (vocational-technical), pre-higher, and higher education who are studying in full-time or dual forms of education and are obtaining a level of education that is higher than previously received in the sequence determined by part two of Article 10 of the Law of Ukraine "On Education," as well as doctoral candidates and those enrolled in internships, are not subject to conscription for military service during mobilization in a special period.

However, those entering postgraduate studies in 2024 under a contract cannot receive a deferral, as the Ministry of Education issued Order №910 dated 24.06.2024, which included a provision that temporarily suspends: the acceptance of applications, conducting competitive selections, concluding contracts for education between higher education institutions and applicants, and enrollment for obtaining the third level of higher education and in assistantship internships in full-time or dual forms of education at the expense of individuals and legal entities until January 1, 2025.

"The provisions of this order effectively blocked the opportunity for individuals to enroll in postgraduate studies under a contract for full-time education and thus receive a deferral from conscription for military service during mobilization in a special period," explained Vadim Didenko.

According to him, the Ministry of Education Order No. 910 currently remains in effect in its initial version and continues to regulate the relevant public relations. "The Ukrainian Bar Association has published an official statement calling on lawyers to join in signing a petition for the cancellation of Ministry of Education Orders No. 909/910, citing that 'the complications in admission conditions, additional testing, and restrictions on forms of education violate a number of ... principles of the Constitution and the rule of law,'" said Vadim Didenko. He adds: given the expressive public reaction to the Ministry of Education of Ukraine's Order No. 910, it can be assumed that this order may be canceled or undergo significant changes in the near future. In general, Sergey Savinsky explained that this Ministry of Education order is in effect until January 1, 2025. Until that date, it is impossible to enroll in full-time or dual forms of education under a contract.