“If the law no. 9672 dated 09/04/2023 is adopted, men who have already received specialization or master’s degree education and have started their education at the university for the second time will not have the right to postpone mobilization. Additionally, those who have received training at the specialist or master’s level and have started training at the initial level of vocational (vocational) education – that is, entered high schools (vocational schools) of various types will not have the right to deferment from mobilization. ).” Idea.
In Ukraine, they want to cancel the mobilization postponement of candidates applying for a second higher education after 30 years. The bill has already appeared on the parliament’s website. Applicants who apply for vocational (vocational-technical), higher and pre-higher education vocational training and who have received a higher level of education than the level they previously received, through full-time or dual forms of education, are eligible for military service upon mobilization for special-term training, if the education started before reaching the age of 30. PhD students studying full-time or dually, as well as entering the service.
The Law of Ukraine “Education” provides for the following levels of education:
- Pre-school education.
- Primary education.
- Basic secondary education.
- Profile secondary education.
- The initial (initial) level of vocational (vocational) education.
- Second (basic) level of vocational (vocational) education.
- Third (highest) level of vocational (vocational) education.
- Professional pre-higher education.
- Initial level of higher education (short term).
- The first (undergraduate) level of higher education.
- Second (master’s) level of higher education.
- Third (educational-scientific/educational-creative) level of higher education.
That is, if you graduated from a comprehensive school (received basic secondary education) and entered a higher education institution (started studying at the first bachelor’s level of higher education) and did not turn 30 in the year you entered the university, you have the right to defer.
You will also have the right to postpone mobilization if you have received higher education at the undergraduate level and started your master’s degree and have not turned 30 years old in the year you started taking the second level. Typically, a bachelor’s degree requires four years of study and a master’s degree takes a year or a year and a half. Most universities in Ukraine already offer master’s degrees.
Although the admission campaign to educational institutions will continue this year, the number of applicants has exceeded 74 thousand as of the end of August.
Also, if you already have a master’s or specialist degree and are restarting your studies at a university (i.e. retaking bachelor’s level) You do not have the right to defer because the level of your “new” education is lower than the level you currently have. In this case, your age no longer matters in order to postpone mobilization.
Therefore, if the relevant law is adopted, men who have already received a specialist or master’s degree and are starting university for the second time will not have the right to postpone mobilization. Moreover There will be no right to deferment from mobilization for men who have received training at the specialist or master’s level and have started training at the initial level of vocational (vocational) education – that is, entered various types of high schools (vocational schools)..
Do graduate students have the right to postpone mobilization?
One of the levels of higher education is the third (educational-scientific/educational-creative) level. It enables candidates applying for higher education to solve complex problems in the field of professional or research and innovation activities.
Obtaining higher education at all levels of higher education requires successful completion of a program of study by an individual; this forms the basis for the awarding of the appropriate degree: bachelor’s, bachelor’s, master’s and doctorate.
Doctor of Philosophy is an educational and at the same time scientific degree obtained on the basis of a master’s degree at the third level of higher education. A person is entitled to obtain an (additional) doctoral degree while studying in graduate school.
Like this, If you have completed your master’s degree and immediately entered graduate school – if you did not turn 30 in the year you entered graduate school (third level higher education), then you have the right to postpone mobilization. The concept of “graduate student” is included in the concept of “applicant for the degree of Doctor of Philosophy”.
If you enter an educational-scientific educational degree (third level of higher education) after the master’s degree, then this is a sequence, but if you enter another university for the first year after the master’s degree (first level of higher education), then this is not a sequence. Accordingly, you do not have the right to request the postponement of mobilization.
In 2022, more than 106 thousand men of military age enrolled in educational institutions and began to receive education at a level equal to or lower than their previous education level. Of these, by level: skilled worker – 11,285, junior professional bachelor – 12,069, bachelor’s degree – 27,561, master’s degree – 46,820, doctor of philosophy – 9,036.
The current year 2023 was no exception to this trend. Although this year’s educational institution admission campaign will continue, As of the end of August, the number of such applications exceeded 74 thousand..
Under these conditions, in fact, the possibility of obtaining, so to speak, a second higher education is increasingly used as the basis for obtaining the right to postpone mobilization.
Isn’t this bill contrary to the Constitution of Ukraine?
No, it doesn’t contradict. That is, in accordance with Art. Article 64 of the Constitution of Ukraine: Constitutional rights and freedoms of man and citizen cannot be limited except in cases provided for in the Constitution of Ukraine. In cases of martial law or state of emergency, certain restrictions may be imposed on rights and freedoms, including the duration of these restrictions.
Important
The right to education is regulated in Art. Under Article 53 of the Constitution of Ukraine and martial law, the right to education may be limited.
Like this, This bill does not contradict the Constitution of UkraineAlthough such a first version did not include a period for limiting the right to education. It is possible that a relevant deadline will be determined in the future.
Theoretically such a law (if the bill is passed by parliament) He can appeal to the Constitutional Court of Ukraine, but such an appeal procedure will be complex and lengthy, both in terms of the grounds of appeal and the organization of the appeal procedure..
Source: Focus
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