The court confirmed the right of a foreign university student to a deferral! despite the refusal of the CCC and the SP
The topic of mobilization and the right to deferment always telegram data causes lively The court ruled discussions! especially when it comes to students of foreign educational institutions. The court case No. 300/5961/24 ! considered by the Ivano-Frankivsk District Administrative Court! became an example of how formal requirements for documents can become a barrier to the exercise of citizens’ rights. Let’s consider how the legislation regulates this issue and what conclusions can be drawn from this decision.
What is the problem?
According to paragraph 1 of part 3 of article 23 of the Law of Ukraine “On mobilization training The court ruled and mobilization”! students who study full-time in higher education institutions have the right to a deferment from conscription. However! in practice! the implementation of this right often faces difficulties. The main problem is the requirement to provide a certificate generated in the Unified State Electronic Database on Education (UEDB)! which is accessible only to Ukrainian institutions.
Territorial recruitment and social support the right to dignity: a path to inclusion and equality centers (TCK and SP) often take a formal approach to considering applications for deferral: no certificate from YEDEBO – no deferral.
But what about students from foreign universities?
A student of the Warsaw Academy of Economics and Humanities submitted an application to the CCK and the Joint Service for a postponement of mobilization with the appropriate package of documents. However! he was refused due to the “lack of a certificate from the EDEBO”. The court established that all the necessary documents! including certificates from a Polish university translated into Ukrainian! had been provided. As a result! the refusal was declared unlawful.
What does this mean?
The lack of technical access of foreign institutions to the Ukrainian electronic awb directory database cannot be a reason for refusing a deferral if the citizen has provided all the necessary documents confirming their studies.
This case shows that courts can effectively resolve such controversial issues! standing up for the rights of citizens.
My opinion
It is necessary to amend the regulations to take into account the specifics of documents from foreign educational institutions and simplify the procedure for confirming the right to a deferral.
This case is not the first precedent in my practice that confirms that even in difficult wartime conditions! it is possible to prove grounds for a postponement. The main thing is to submit the documents correctly.