What is a deferment from the army?
Temporary release from service on legal grounds is usually called deferment from the army. You can get it for health reasons, care, study, or other reasons. The first deferment is given to schoolchildren who have turned 18 years old. The exemption is valid until October 1 of the current year. Graduates have the right to choose an educational institution to master a profession, and receive a second deferment by enrolling in a college, technical school, or university. If a young man does not enroll anywhere, has no health problems, or other important reasons for deferment or complete release, he is taken to serve. Currently, most often people do not legally go to serve for health reasons or because of their studies.
Mandatory conditions for a conscript
So, a second deferment is only available to those people who:
- immediately after receiving a diploma enters a university;
- was not registered with the military during the course of study at the secondary school;
- has temporary health problems.
True, sometimes there are situations when guys are taken to the military registration and enlistment office immediately after receiving their diploma (conscription begins on the first of July, and the diploma is defended at the very end of June). Because of this, former students do not have time to submit documents to the university, and therefore do not have the right to an additional deferment.
Who is entitled to a second exemption from service?
Until recently, it was impossible to get a second deferment after graduating from college if the conscript took advantage of the first one while still in school. Graduates could enroll either in a technical school, college or university. After graduating from college, you can get a second deferment by enrolling in a higher education institution if you meet certain requirements. Moreover, after receiving a bachelor's degree, you can easily enter a master's program, then graduate school, internship, or doctoral studies. The basic rule is that the learning process must be continuous.
Officially, the legislation comments on the second deferment after graduating from college quite harshly. Since the right to temporary exemption from service for studies has already been used, it cannot be obtained again. However, some legal aspects still preserve this right.
- at school the student was not registered with the military registration and enlistment office;
- At the first examination, the young man received a release due to health reasons.
You can apply for a second deferment after college if the following conditions are met:
- in-patient education at a university at the expense of budgetary funds;
- the educational institution has state accreditation;
- after 4 years of study, obtaining a bachelor's degree, the student must enroll in a master's program;
- higher education should come first;
- Admission to the master's program is carried out in the year of graduation from the bachelor's degree.
If students go to college or technical school after 9th grade, they must exercise their right to defer until they are 20 years old. Since the training lasts 4 years, young people have time to receive a diploma before the age of 18-19. You can easily exercise your right by enrolling in a university.
For individuals who were enrolled in college in 2021, a different rule applies. They will not be called up until they graduate, but after graduation, a second deferment will not be granted. That is, after school you need to immediately enter a university if you plan to get a higher education. When entering after college, a deferment is not legally granted.
How is conscription carried out for students who have completed the “nine-year school”?
The category of former schoolchildren who decided after the 9th grade to submit documents for admission to a technical school/college has the opportunity to postpone conscription until they reach the age of 20.
This period is not given by chance: studies in such educational institutions are designed for a four-year program. After successful completion, the guy manages to pass exams at the university he likes.
Conditions for obtaining a deferment after college
Graduates of schools and lyceums who managed to enter a university automatically receive a deferment from the army until they graduate with a bachelor's degree. Then, upon admission to master's, graduate, internship, and doctoral programs. There is no deferment for a second higher education. If the continuous learning process lasts until the young man turns 27, he will not be drafted into the army at all, but will be given a military ID.
As for the second deferment after college, it is impossible to obtain it legally. Here you have to resort to tricks. They receive release for health reasons or ignore summonses. According to current legislation, a summons is considered served if it is handed over personally to the conscript. Very often, students study in other cities and live in apartments without registration. They are not at home, they will not be found in another city.
You can legally obtain a second deferment from your studies after graduating from college if you meet the conditions specified in the second section of the article.
What men planning a family need to know
Each man decides for himself whether he will go to serve or not. If a conscript with two children has a desire to join the army, the military registration and enlistment office cannot refuse this.
If a young man requests a deferment, the military commissariat has no right to refuse. In this case, you need to know the following:
- the marriage must be formalized;
- a deferment is provided if there are two minor children, regardless of whether they are biological or adopted, are under guardianship, or born from different mothers;
- if the child is being raised by the father himself, there must be supporting documents about paternity and the absence of other persons obligated by law to raise the child;
- there is a disabled person in the family under the age of 3 months, regardless of how many children there are in the family - one or several.
- A deferment is provided for the wife's pregnancy with a second child, if the period at the time of the conscription campaign is at least 26 months.
You also need to know that if a second child is born while the father is in the army, he will not be sent home. They can provide the required vacation.
Where to contact
To obtain a temporary exemption from service, you need to contact the military registration and enlistment office with a corresponding application. This must be done in a timely manner to avoid troubles in the future. You must undergo a medical examination and appear on the appointed day. The basis for obtaining a deferment is admission to a higher educational institution, so you need to bring a certificate from there, a photocopy of the order of enrollment. Documents must be certified by the signature of the rector or his deputy and seal.
Documentation
The military registration and enlistment office has all the primary documentation for each conscript, so you only need to bring documents confirming admission to a higher educational institution.
- certificate of admission registered at the educational institution, drawn up accordingly;
- a copy of the license confirming state accreditation;
- Graduate students must provide a diploma.
Based on the documents received, the commission makes a decision. If the right to deferment arises again, you must immediately report to the military registration and enlistment office.
When they refuse
There are a number of restrictions due to which a temporary release may be denied.
- Admission to an educational institution that does not have a license or state accreditation.
- Availability of higher education, diploma.
- Part-time, distance learning.
- Expulsion from an educational institution for poor academic performance, absenteeism.
In addition, obtaining a second deferment for studies is possible only through a continuous process. You must enroll in the next institution in the year you graduated from the previous one. The exemption is maintained if an academic leave is taken, during which the period of study is extended by no more than a year.
Deferments from the army for studies in 2021
In order not to be at a loss and not to find yourself in an awkward situation, you need to initially study the information regarding exemption from service in connection with your studies.
- School . The first deferment is issued when the student turns 18 years old. Valid until October 1 of the current year. During this time, the graduate can enter an educational institution to master a profession.
- College, technical school . Provided for the entire duration of study until graduation. Graduates can be drafted into the army in the year of graduation.
- University, institute, academy . The deferment is given for 4 years until obtaining a bachelor's degree. A young person can receive a third educational exemption if he enrolls in a master's program. Continuation of training as a specialist does not provide for deferment. If admitted, the release is extended for 1-2 years.
- Postgraduate studies . A university graduate must enter graduate school in the year he receives his master's degree. Postgraduate students are exempt from service for the entire duration of their studies and for another 1 year to defend their dissertation.
The deferment is automatically canceled if you are expelled for poor academic performance or absenteeism. When moving from one university to another, it is retained. Does not lose force when taking academic leave for a period of 1 year. When enrolling in a higher education institution abroad, you must bring a certificate certifying this information, tickets, and permission to live abroad to the military registration and enlistment office. The young man will be removed from the register.
Thus, according to the law, you can receive a deferment for studies only once. But there are exceptions to every rule. With the right actions, you can safely study until the age of 27, and then receive a military ID. If you plan to enter a university after college, you need to make sure that the young man is not registered at school. For example, leaving school after 9th grade and studying in another city. Then the right to receive a second deferment after graduation from college remains.
Deferment granted to a guardian or trustee of minor relatives
If a young person serves as a guardian or trustee for his siblings who, at the time of conscription, have not yet reached the age of fourteen or eighteen years, then he will be granted a deferment (regardless of his desire) from conscription until he reaches the age of fourteen or eighteen. his care by relatives of the above age (or marriage).
A deferment can be granted only in the absence of other family members who could (or are obliged by law) to provide material and other assistance to the conscript’s minor brothers and/or sisters. To grant a deferment from service to a young man conscripted into the army, he must take the following actions:
- appear at the military commissariat to undergo a medical examination;
- provide representatives of the military commissariat with a duly certified document that is the basis for establishing guardianship (or trusteeship) in relation to the conscript’s minor relatives (for example, a copy of the decision certified by the court);
- provide the representatives of the military commissariat with the original or a copy certified by a notary of your birth certificate;
- provide a certificate of the composition of your family containing information about the number of its members;
- provide originals (notarized copies are also acceptable) of birth certificates of your siblings to confirm that they are under fourteen or eighteen years of age.
If a young man is granted a deferment from service, he is obliged every year until he turns twenty-seven to present to representatives of the military commissariat a certificate on the quantitative composition of his family.
As a rule, for siblings and/or sisters of a conscript appointed as their guardian (or trustee) who do not have full legal capacity, his assistance is the main source of income. Because of this, the draft commission’s refusal to grant a deferment primarily violates the rights of these minor citizens. The conscript can challenge such a decision of the district commission by filing a reasoned complaint with a higher commission or in court. In parallel with these actions, in order to protect his civil rights and the interests of the persons under his guardianship, a young man can also send a complaint against the actions of the draft commission to the guardianship and trusteeship authorities or the prosecutor's office.