Analysis of the Draft Law:
Analysis of the Draft Law of Ukraine “On Amendments to Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization” Regarding the Rights of Pedagogical Workers and Education Seekers”
Essence of the Draft Law
The draft law amends Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization” concerning deferment from military service during mobilization for certain categories of education seekers and pedagogical workers. It clarifies the criteria for obtaining a deferment, in particular, for students of vocational and technical institutions, seekers of professional pre-higher and higher education, as well as for scientific, scientific-pedagogical, and pedagogical workers. The changes aim to more clearly define the categories of persons entitled to a deferment and the conditions under which this right is exercised.
Structure of the Draft Law and Main Provisions
The draft law consists of two sections:
- Section I amends paragraphs 1 and 2 of the third part of Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization.”
- Section II “Final Provisions” determines the date of entry into force of the law (from January 1, 2026) and obliges the Cabinet of Ministers of Ukraine to bring its regulatory legal acts into compliance with this law within three months from the date of its entry into force.
Main changes:
- For education seekers: It is clarified that deferment is granted to students of vocational and technical institutions and seekers of professional pre-higher education who started their studies no later than the year of reaching the maximum age for referral for basic military service. It is also determined that deferment is granted to seekers of higher education within the estimated period of completion of the educational program, doctoral students, medical interns, and resident physicians. An important provision is that the rule applies to those who are obtaining education for the first time at a level higher than the previous one.
- For education and science workers: It is clarified that deferment is granted to scientific, scientific-pedagogical, and pedagogical workers of higher education institutions, scientific institutions, professional pre-higher education institutions, as well as pedagogical workers of professional pre-higher, vocational (professional-technical), and general secondary education institutions. A requirement is introduced to work at the main place of work for at least 0.75 of a full-time position.
Main Provisions Important for Different Groups
This draft law is important for various groups of stakeholders:
- For legislators: It is important to pay attention to the clear definition of deferment criteria in order to avoid abuse and ensure a fair balance between defense needs and the rights of citizens to education and work.
- For experts: It is necessary to analyze the impact of changes on the education system and the labor market, as well as assess the possible consequences for the country’s defense capabilities.
- For business: Businesses need to understand how changes will affect the availability of qualified personnel, especially in industries where scientific and pedagogical workers are involved.
- For citizens: Education seekers and education workers should be aware of their rights and obligations regarding mobilization, as well as the conditions for obtaining a deferment. It is important to understand what documents are required to confirm the right to a deferment.
Analysis of the Explanatory Note:
Analysis of the Draft Law “On Amendments to Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization” Regarding the Rights of Pedagogical Workers and Education Seekers”
Essence of the Draft Law
The draft law aims to amend Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization” in order to regulate the issue of deferment from mobilization for education seekers and pedagogical workers. The main goal is to prevent abuse of the right to education to avoid mobilization and to ensure the fulfillment of mobilization tasks in the educational sphere.
Reasons for and Necessity of Adoption (according to the authors)
According to the authors of the explanatory note, the need for the adoption of this law is due to several factors:
- A significant increase in the number of persons liable for military service who use education as a way to avoid mobilization, in particular by enrolling in studies to obtain a lower or equal level of education.
- Ambiguity of judicial practice regarding the right to a deferment for persons who do not obtain education sequentially, which leads to judicial appeals and the need to amend legislation.
- The need to ensure state guarantees in the field of education during martial law, as well as to avoid a situation where scientific and pedagogical workers with scientific degrees lose the right to deferment from mobilization.
The authors believe that the current situation negatively affects national security, the morale of military personnel, and compromises the education system.
Main Consequences of the Draft Law
The draft law may have the following main consequences, which will be important for various stakeholders:
- For legislators: Elimination of gaps in the legislation that allow evading mobilization and ensuring a fairer approach to mobilization processes.
- For experts: The opportunity to assess the impact of changes on the education system and develop recommendations for its adaptation to new conditions.
- For business: Reducing the risks of losing employees who have important scientific degrees and ensure the implementation of educational programs, which will contribute to the stability of the educational sphere.
- For citizens: Creating clearer rules regarding deferment from mobilization, which will avoid misunderstandings and abuses. On the other hand, this may lead to restricting opportunities for some categories of citizens to avoid mobilization through education.
- For educational institutions: Increasing the number of motivated students and reducing the burden on staff.
In general, the law aims to optimize mobilization processes and ensure the stable functioning of the education system in the context of martial law.
Analysis of Other Documents:
Analysis of the List of Acts of the Cabinet of Ministers and Central Executive Bodies
From the List of Acts of the Cabinet of Ministers of Ukraine and Central Executive Bodies necessary for the implementation of the provisions of the draft law, it becomes clear that the Cabinet of Ministers of Ukraine supports this draft law, as it submits it to the Verkhovna Rada for consideration and defines the necessary steps for its implementation.
Main provisions of the document:
- The need to amend the Procedure for conscription of citizens for military service during mobilization. This is a key point, as the implementation of the rights of pedagogical workers and education seekers provided for by the draft law requires making appropriate changes to the current conscription procedure.
- Responsible bodies: The Ministry of Defense of Ukraine (MOU) and the Ministry of Education and Science of Ukraine (MON) are identified as responsible for preparing the draft amendments to the Resolution of the Cabinet of Ministers of Ukraine. This is important as it shows the division of responsibilities between departments.
- Deadlines: A deadline of three months after the adoption of the Law is set for the adoption or revision of regulations. This indicates an intention to promptly implement the provisions of the law.
Importance for stakeholders:
- For legislators: The document emphasizes the need to amend the existing regulatory framework to ensure the realization of the rights of pedagogical workers and education seekers during mobilization.
- For experts: The list identifies specific regulations that need to be reviewed and adapted to the provisions of the draft law.
- For business and citizens: Although the document does not directly concern business, it is important for citizens as it provides legal certainty regarding the mobilization rights of teachers and students.
Analysis of the Resolution of the Verkhovna Rada of Ukraine
The Resolution of the Verkhovna Rada of Ukraine confirms the intention to consider the draft law. In fact, this is a formal document that records the parliament’s readiness to work on the draft law.
Main provisions of the document:
- Adoption as a basis: It is proposed to adopt as a basis the draft Law of Ukraine “On Amendments to Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization” Regarding the Rights of Pedagogical Workers and Education Seekers.”
- Finalization by the committee: The Committee of the Verkhovna Rada of Ukraine on National Security, Defense and Intelligence is instructed to finalize the draft law, taking into account the comments and suggestions, and submit it for consideration in the second reading. This is a standard procedure for draft laws.
Importance for stakeholders:
- For legislators: Defines the further path of the draft law in parliament, including consideration in the committee and the second reading.
- For experts: Signals the beginning of the active phase of consideration of the draft law, giving the opportunity to make expert assessments and proposals.
- For business and citizens: Informs that the issue of the rights of teachers and students during mobilization is under consideration in parliament.
