Educational Sequence Violation Challenged for Mobilization Deferment

Introduction

On July 31, 2025, the Kyiv District Administrative Court granted a petition to amend records in the Unified State Electronic Database on Education (USDEBO) in a case represented by Disputes Law Firm. The Ministry of Education and Science of Ukraine did not appeal the decision and immediately executed it, resulting in the client receiving a deferment directly in the "Reserve+" application.

Case Background

In 2024, the citizen commenced studies at the Open International University of Human Development "Ukraine" for a bachelor's degree on a full-time basis. Upon obtaining a certificate from USDEBO dated November 5, 2024, he discovered that the system contained information alleging his violation of educational sequence. According to the certificate, the column regarding compliance with educational sequence stated "No, violates."

The reason for such notation was data indicating that from February 2013 to July 2015, the individual had allegedly studied at the private higher educational institution "Crimean Business Institute of the University of Economics and Management" for the same bachelor's degree level but was expelled before completion. However, the client categorically denied the fact of studying at this institution and asserted that he had not obtained higher education at the bachelor's level and did not possess a corresponding diploma.

The presence in the certificate of a record regarding violation of educational sequence had serious consequences, as the individual could not exercise his lawful right to deferment from military service pursuant to Article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization."

On November 28, 2024, the client filed complaints with the Ministry of Education and Science of Ukraine and the State Enterprise "Inforesurs" demanding correction of information in USDEBO. SE "Inforesurs" responded with a refusal, citing that making such amendments did not fall within their competence. The Ministry of Education and Science of Ukraine also denied the complaint, arguing that after the first enrollment in studies for a particular education level, re-enrollment at the same level constitutes non-sequential attainment of education.

Defense Position

On December 19, 2024, Disputes Law Firm filed an administrative lawsuit with the Kyiv District Administrative Court with demands to declare the inaction of the Ministry of Education and Science of Ukraine unlawful and to compel amendments to USDEBO.

The legal position of the defense was based on several key arguments. Pursuant to part two of Article 10 of the Law of Ukraine "On Education" and part four of Article 5 of the Law of Ukraine "On Higher Education," an education level is a completed stage of education confirmed by a corresponding state-issued document. Incomplete education cannot be considered an attained education level, as the individual did not receive a diploma.

The defense emphasized that the Law of Ukraine "On Mobilization Preparation and Mobilization" uses the term "attained education level," which means a completed and officially confirmed stage. The term "attained" in its grammatical meaning indicates an already completed process, whereas "attaining" signifies an ongoing process. Thus, for comparing educational sequence, only actually attained (completed) levels confirmed by diplomas must be considered.

In the case, it was established that the client possessed a certificate of complete general secondary education issued on June 19, 1999. At the time of enrollment in the university in 2024, he did not have any diploma of higher education; therefore, his studies for a bachelor's degree did not violate the sequence defined by legislation. Education that was not completed and not confirmed by a diploma cannot be taken into account when determining the sequence of educational attainment.

The defense also noted that pursuant to the Regulation on the Unified State Electronic Database on Education, the Ministry of Education and Science of Ukraine is the administrator of USDEBO and has authority to undertake organizational measures to ensure the database's functioning. Consequently, the Ministry of Education and Science of Ukraine is responsible for the correctness of information in the system and has the capacity to make necessary corrections.

Court Decision

On July 31, 2025, the Kyiv District Administrative Court rendered a decision in the case, partially granting the claims. The court conducted a detailed analysis of education legislation and reached conclusions that confirmed the defense's legal position.

The court determined that the legislator unambiguously uses the term "attained" to designate a completed and officially confirmed education level. Incomplete education is not an indicator of achieving a certain level, as the individual did not complete the entire required curriculum and did not confirm their knowledge and skills by obtaining a diploma. The law requires comparing the current education level with the level the individual has already completed; therefore, only education that was actually attained is considered.

The court noted that the aforementioned regulatory legal acts do not establish any exceptions for persons who were previously expelled from an educational institution. Since as of August 30, 2024, the educational level of the client's attained (completed) education was complete general secondary education, current pursuit of higher education does not violate the sequence defined by part two of Article 10 of the Law of Ukraine "On Education."

The court declared unlawful the actions of the Ministry of Education and Science of Ukraine related to undertaking organizational measures to ensure the functioning of USDEBO, under which the certificate displayed information about violation of educational sequence. The court compelled the Ministry of Education and Science of Ukraine to ensure amendments to the USDEBO system, under which the certificate regarding the education seeker would display the value "Yes, does not violate" in the corresponding column.

Additionally, court fees in the amount of 1,211.20 hryvnias were awarded in favor of the client at the expense of budgetary appropriations of the Ministry of Education and Science of Ukraine. The decision entered into legal force on September 1, 2025, after expiration of the period for filing an appeal.

Execution of Court Decision

Within 10 days from the moment of the court's decision, the Ministry of Education and Science of Ukraine fully executed the court's ruling and made amendments to the USDEBO database. Prompt execution of the judicial decision enabled the client to immediately exercise his lawful right to deferment from mobilization. After corrections were entered into the USDEBO system, the client immediately received a deferment in the "Reserve+" application, which confirmed the effectiveness of judicial protection of his rights.

Conclusion

Erroneous determination of educational sequence violation in an automated system can be effectively challenged in court, and the Ministry of Education and Science voluntarily and promptly executes such decisions, allowing persons liable for military service to immediately exercise their right to deferment in the "Reserve+" application.