Interpreting the sequence of obtaining an educational level to receive a deferral

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According to the Law of Ukraine “On Mobilization Training and Mobilization” (Article 23), students who obtain a level of education that is higher than the previously obtained level are not subject to conscription for military service during mobilization. However, the Ministry of Education and Science of Ukraine (MES) in its explanations emphasizes the level of education that was obtained but not completed . This leads to situations when students receive certificates from the university with the note “No, violates”, which is the basis for refusing to issue a deferral.

The legislation focuses on the actually acquired level of education, since only completed education can indicate the appropriate level of professional and academic knowledge and skills. (This directly follows from the wording “previously acquired level of education”). Incomplete education is not an indicator of achieving a certain level, since a person has not completed the entire special database required training course and has not confirmed his knowledge and skills. This provision is enshrined in Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization”, which clearly states that a deferral is granted to persons who acquire a new level of education that is higher than the previously acquired one. In other words, the Law requires comparing your current level of education with the level that you have already completed. That is, only the education that you have actually acquired is taken into account.

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For example, if you have completed a bachelor's degree and are currently studying for a master's degree, this meets the requirements of the law. But if you started studying for a bachelor's degree, but did not finish it and then re-entered the bachelor's degree, the Ministry of Education and Science considers this a violation of the sequence of educational levels, but this is not the case.