Studying in Graduate School Abroad: Is It Possible to Get a Deferral from Mobilization
Studying in graduate school abroad by itself does not deprive a person liable for military service of the right to a deferral from mobilization. The Law of Ukraine does not contain a direct requirement that such a right applies only to students of Ukrainian educational institutions. At the same time, to obtain a deferral, other conditions provided by law must be met, in particular studying in a full-time or dual form and not violating the principle of sequential education.
Who has the right to a deferral from mobilization during studies
According to the legislation, students and graduate students have the right to a deferral from mobilization during a special period.
The deferral is granted for the entire period of study, including vacation time.
The right to a deferral applies not only to students obtaining a bachelor’s degree. It can also be granted to those studying in master’s or graduate programs.
At the same time, to receive a deferral, two key conditions must be met:
- studying in a full-time or dual form;
- not violating the principle of sequential education.
Does studying abroad affect the right to a deferral
Lawyers point out that the Law of Ukraine "On Mobilization Preparation and Mobilization" does not establish separate restrictions for persons studying at foreign higher education institutions.
In particular, paragraph 1 of part three of article 23 of this Law does not contain a direct provision stating that the right to a deferral applies exclusively to students of Ukrainian institutions.
The law only requires compliance with certain conditions regarding the form of study and the sequence of education but does not establish territorial restrictions regarding the location of the university.
Therefore, according to lawyers, formally studying in a foreign graduate program does not deprive one of the right to a deferral from mobilization. Accordingly, refusal solely because a person studies abroad may be considered a narrowing of the law’s content by a subordinate act, since such a prohibition is not directly provided for in the law.
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