DEBATABLE PRACTICAL ASPECTS OF THE IMPLEMENTATION OF ARTICLE 23 OF THE LAW OF UKRAINE «ON MOBILIZATION PREPARATION AND MOBILIZATION»

The purpose of the article is a comprehensive analysis of the organizational, legal and practical aspects of the implementation of the right to deferment from military service during mobilization, for a special period in the context of the Law of Ukraine “On Higher Education” dated 01.07.2014 No. 1556-VII, the Law of Ukraine “On Mobilization Preparation and Mobilization” dated 21.10.1993 No. 3543-XII, and the explanations of the Ministry of Education and Science of Ukraine provided in the Letter dated 03.06.2024 No. 1/9758-24. Research methods: the chosen topic of scientific research requires the use of various scientific methods and approaches to obtain high-quality results. Therefore, the following research methods were used to solve the tasks set: analysis; systematic method; analytical method, etc. Results: it was found that higher education students who, in particular, were enrolled in higher education institutions based on the results of the 2024 enrollment on Bachelor and Master programs (or who, as of the validation date of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilization and Military Registration" dated 11.04.2024 No. 3633-IX, were students), but were previously expelled from higher education institutions before completing higher education in the same (or equivalent) educational programs on the grounds provided for by the Law of Ukraine "On Higher Education" dated 01.07.2014 No. 1556-VII, based on the Letter of the Ministry of Education and Science of Ukraine dated 03.06.2024 No. 1/9758-24, have actually lost the right to a deferral from military service during mobilization, for a special period. This, in the authors’ view and according to the judicial practice of resolving the relevant cases by courts of administrative jurisdiction, directly contradicts the current legislation on education and requires more substantive legislative regulation. Discussion: compliance with the basic principles and provisions of the current legislation on education, the explanations of the Ministry of Education and Science of Ukraine regarding student registration in the Unified State Electronic Database on Education (hereinafter referred to as EDEBO), as well as the algorithm for determining the sequence of receiving education, provided in the Letter dated 03.06.2024 No. 1/9758-24.