According to the law in Ukraine, the student card gives the right to postpone mobilization. Men responsible for military service enjoy this right. Can the law be changed and men banned from reading during martial law?
Last year, many men in charge of military service entered colleges and universities in Ukraine to qualify for deferment, and the country is currently debating whether it is necessary to ban men from educational institutions in order to carry out the mobilization plan. It is discussed in this article. Focus “Student, you have an agenda. Can university and college students be mobilized in Ukraine?”
Lawyers explained: martial law in Ukraine allows you to limit the right to education, guaranteed by the Constitution.
“Rights and freedoms envisaged in articles 24, 25, 27, 28, 29, 40, 47, 51, 52, 55, 56, 57, 58, 59, 60, 61, 62 in states of martial law or state of emergency , Article 63 of the Constitution. As can be seen, Article 53, which guarantees the right to education, is not included in this list. This is the adoption of the Law of Ukraine, which, in theory, prohibits men of a certain age from enrolling in colleges and universities.” – Says Igor Chudovsky, managing partner of Chudovsky and Partners Law Firm.
But lawyers are confident that even if parliament risks changing the “On Education” law, this will likely lead to such changes being considered by the Constitutional Court.
“To make such changes, the Constitution must be amended and is prohibited before the end of martial law. Sergey Savinsky, lawyer at the GRACERS Law Firm, said that the law “On Mobilization”, besides any reason for the Constitutional Court to consider these norms unconstitutional, is a disgrace to the European society. There is a wave of criticism towards the society that is the representative of
But hypothetically, Ukraine could resort to such changes that would limit men’s right to education.
“No one’s right to higher education may be restricted, except in cases established by the Constitution and laws of Ukraine. In connection with the temporary declaration of martial law in Ukraine, during the legal regime of martial law, The constitutional rights and freedoms of a person and a citizen provided for in articles 30-34, 38, 39, 41-44, 53 of the Constitution of Ukraine may be restricted. Article 53 specifically refers to the right to education, which is detailed in Article 3 of the Law “On Education” of Ukraine, – said Focus Igor Yasko is Winner’s managing partner.
That is, if some changes are actually made to the “On Education” law, there is a possibility that men in charge of military service will have their education rights restricted, meaning they cannot be suspended from mobilisation. in connection with their training.
As reported, students with internally displaced status and those residing in particularly dangerous areas will be able to transition to government-funded education.
Previously Focus He wrote that if the military commissar has an appropriate order from the commander showing document checks, at his request, the representative of the TCC and SP must present the identity documents of the citizens he has contacted.
Source: Focus
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