Statements about Ukraine allegedly planning to ban conscripts from enrolling to universities are completely baseless. Currently, there are no such draft laws in Ukraine, and no initiatives of this kind have been proposed by the authorities. In comments for Focus and TSN, lawyers confirmed that such a decision is extremely unlikely as it can be recognized as unconstitutional.
Some Russian media, as well as anonymous Telegram channels, spread the manipulative news that soon Ukraine is going to ban conscripts from enrolling into universities to fulfill the mobilization plan. ‘This is how Ukraine is slowly preparing the society for student mobilization,’ Russian propagandists comment.
The source for such manipulations was Natalia Boguta’s article in the Ukrainian media outlet Focus Student, you have been drafted. Can students of universities and colleges be mobilized in Ukraine. In the publication, the author with practicing lawyers examines several topics: the right of college and university students to postpone mobilization; in which cases students can still be mobilized; what documents students need to confirm their right to postponement; can the state prohibit men from entering educational institutions during martial law, etc.
The article author writes that there are ongoing discussions in society about whether men should be banned from entering educational institutions, considering the fact that last year many conscripts entered Ukrainian colleges and higher education institutions to avoid mobilization. However, despite the propagandists’ statement, the Focus publication does not mention anywhere that the Ukrainian authorities consider such issues at all (no development and consideration of relevant draft laws or profile committees working on these issues, etc.). The author and lawyers analyze the hypothetical possibility of such a decision – whether it is at all possible in the legal sphere to prohibit conscripts from entering universities. Interviewed lawyers unequivocally claim that this is extremely unlikely.
This step would be a limitation of the right to education, guaranteed by the Ukrainian Constitution. All norms governing legislation in the field of education must comply with the basic law. Serhiy Savinskyi, a lawyer of the GRACERS Youth Union, explains in a comment for Focus that in order to introduce such changes, it would be necessary to make changes to the Constitution, which is forbidden during martial law. If the relevant changes are not made to the Ukrainian Constitution, the Constitutional Court may declare this decision unconstitutional.
Ihor Chudovskyi, managing partner of the Chudovskyi and Partners Bar Association, believes that Ukraine might limit the right to education under martial law (it is not included in the list of rights and freedoms provided for in Articles 24, 25, 27, 28, 29, 40, 47, 51, 52, 55, 56, 57, 58, 59, 60, 61, 62, 63 of the Constitution, which cannot be limited under martial law or emergency state). At the same time, the lawyer agrees that if such law were adopted, it would raise questions about its compliance with the Ukrainian Constitution. ‘Then this issue would be decided by the Constitutional Court,’ Ihor Chudovsky concludes in his comment for Focus.
Lawyers also emphasize that trying to limit the right of conscripts to enroll into universities would probably be accompanied by lots of criticism from society and the European community representatives.
In relation to the spread of this disinformation, TSN together with lawyer Maryna Bekalo also discussed this issue.
‘Theoretically, it is of course possible to amend the Ukrainian Law ‘On Education’ by limiting men of drafting age from enrolling into educational institutions. But there is every reason to believe that the Constitutional Court will recognize such norms as unconstitutional. After all, this is not only a violation of the citizens’ constitutional rights. It would also affect the interests of the state,’ says Maryna Bekalo in a comment for TSN.
Maryna Bekalo believes that such initiatives are unlikely. They can lead not only to resistance in society, but also to real personnel problems in the future. In addition, the lawyer emphasizes that there are no draft laws on prohibiting men from entering educational institutions.
This is not the first time that Russian propaganda spreads disinformation that Ukraine, due to a manpower shortage, is allegedly resorting to desperate measures. You can read more about this in the stories Fake: Minors Are Fighting in the Ukrainian Army, Fake: Ukraine they Wants To Draft Conscripts Since the Age of 16, Fake: Ukraine To Mobilize Schoolchildren, Fake: The Education Ministry Keeps Track of School Graduates of Draft Age, Fake: EU Will Extradite Ukrainian men Subject to Mobilization.
