The Law of Ukraine On Higher Education (Article 46) provides for the right of a student studying at a higher educational institution to an academic leave or a break in education while maintaining certain rights of an applicant for higher education, as well as to its renewal.
Academic leave is a temporary cessation of the educational process, accompanied by the suspension of the rights and obligations of the applicant for education, including the implementation of his individual curriculum. Information on the provision of academic leave is necessarily recorded in the Unified State Electronic Database on Education Issues (USEBO).
Whether a student deferment is valid during an academic leave and whether they can mobilize in such a case – read in the ICTV Fakty material.
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Does academic leave exempt a student from mobilization?
Although during academic leave the student status is formally retained, according to the explanations of the Ministry of Education and Science of Ukraine and the current position of the territorial recruitment and social support centers (TRSC and SP), during the period of academic leave the student loses the right to a deferment from mobilization.
Free Legal Aid lawyers also noted that during academic leave, a student loses the right to a deferment.
That is, if a student is granted academic leave and temporarily stops studying, the provisions of paragraph two of part three of Article 23 of the Law of Ukraine On mobilization training and mobilization do not apply to him, since he is not actually a student during this break.
Therefore, such a person may be called up for military service during mobilization if he has no other legal grounds for deferment.
Moreover, in the event of mobilization, such a person has the right to extend his academic leave in connection with military service.
It is worth noting that combat participants are guaranteed to be reinstated to their state (regional) contract positions after academic leave.
Is there a deferment for students during academic leave due to health reasons?
Lawyers of the BPD note that if academic leave is related to health reasons, then the student can receive another form of deferment – based on the conclusion of the military medical commission (VVK) .
