Instead of universities - into the army: students and graduate students older than 30 years can send to war - experts

The Verkhovna Rada is offered to cancel deferrals for students who receive more than one education: higher or vocational technical, after 30 years. Experts say the people's deputies can do it, but then the army will replenish several tens of thousands of low -motivated soldiers. The Verkhovna Rada has registered a bill that proposes to abolish delay from mobilization to those who have re -education after 30 years.

Representative of the President of Ukraine in the Constitutional Court of Ukraine, People's Deputy Fedor Venislavsky told Focus the details of his initiative. "The essence is simple-if a person has been educated and then obtained another higher or vocational education, and this happens after 30 years, it does not entitle the deferral. ", - Venislavsky notes. According to the People's Deputy, if a person abuses the right to defer during martial law, this right should be restricted.

"Constitution allows to restrict human rights in the context of martial law. I think those who, after the start of a full -scale invasion, abuse the right to delay without intending to get an education and enroll in full -time training, while paying money to evade call to fulfill its constitutional obligation regarding the protection of the Motherland, " - continues the People's Deputy.

Venislavsky emphasized that according to the bill, military men will not delay after 30 years, if they already have education and re -entered universities or postgraduate studies. The focus has the text of the bill. Venislavsky proposes to leave the deferral to those who receive vocational, specialized or higher education for full-time or dual education, which is higher than the previous level of education, if education has been started no later than a year when a person was 30 years old.

The explanatory note states that according to Article 53 of the Constitution of Ukraine, everyone is guaranteed the right to education. At the same time, in connection with the beginning of a full -scale invasion of the Russian Federation into Ukraine, some rights and freedoms (including the right to education) of citizens may be restricted, as indicated by Article 64 of the Constitution of Ukraine.

This article states that in the conditions of martial law or emergency, certain restrictions on rights and freedoms may be established, indicating the term of validity of these restrictions. The rights and freedoms provided for in Articles 24-29, 40, 47, 51, 52, 55-63 of the Constitution cannot be restricted. There are no right to education among the articles listed.

At the same time, the Presidential Decree "On the Introduction of Martial Status in Ukraine" states that in connection with the introduction of martial law in Ukraine, the constitutional rights and freedoms of man and citizen may be temporarily restricted in Ukraine, provided for in Articles 30-34, 38, 39, 41- 44, 53 of the Constitution of Ukraine, as well as temporary restrictions on the rights and legitimate interests of legal entities.

According to the military lawyer Mykola Maximov, deputies can restrict constitutional rights, in particular for education, in particular. "I think they will not amend the Constitution, but simply state the restriction of this right in the bill. The Ministry of Defense tried to limit the movement between regions without law. And here by law, moreover, can.

But from exclusively legal point of view, such restrictions must be approved exclusively in the form of a law and a corresponding majority of votes with the necessary provisions in the Constitution, ”says Focus Maksimov. Another question is whether there are several tens of thousands of people with low motivation to send to the front. The expert adds that people could replenish the ranks of the Armed Forces.

"Because of this bill, there are significant risks of involvement in the army of low-motivated persons and a potential violation of people's right to education. I think it is unlikely They are looking for more than 130 thousand people, the SBU of more than 50,000 people among the graduates of military universities and the department. - says Maximov.

According to the expert, the bill should be marked not just the age frames - over 30 years and the fact of obtaining a second education, but additional criteria. For example, attending classes for the past year, student success. Then it could be theoretically determined that a person entered the school or university to get a deferral from the call, not education.

According to lawyer Oleg Leontiev, during the martial law, all who receive vocational and higher education, confirm their right to receive a deferral every six months. This means that if the law is adopted in the near future, those who are 30 years old and who continues their studies will go to the front after the new year. "Students show the CCC staff every six months a day or dual training certificate, on the basis of which they receive the right to defer.

Therefore, in six months, a person will bring a learner and no longer acts and no grounds for deferral. To call, " - says focus Leontiev. The expert expressed his hope that the profile committee in the Verkhovna Rada would not miss the law. "If he is approved, I think there will be those who go to the Constitutional Court. I have a client with higher education, but he could not find a job in his own direction.

And he entered a professional school at the age of 40 to get a profession and find a profession work. He needs to be banned? I think it is a discriminatory and an anti -constitutional proposal, "the expert summarizes. The focus has previously figured out whether to be extracted to Ukraine by conscripts who went abroad due to false diagnosis of VLK. The authorities have announced mass inspections of the decisions of the Military Medical Commissions because it believes that much of them is wrong.