The Higher Education Students’ Rights under Martial Law

Abstract

The article is devoted to the problems of legal regulation and peculiarities of exercising students' rights under martial law. The legislative and bylaw acts, works of individual scholars who have studied the problems of legal regulation of the educational process under martial law are studied. The scientific novelty of the study is to identify the peculiarities of exercising the rights of higher education students under martial law and to develop proposals for improving current legislation.

It is noted that the organisation of the educational process under martial law affects the exercise of the rights of students. It is emphasised that higher education students have the right to access the educational process in the safest form, i.e. in the form of distance learning. It is concluded that there are special rules for higher education students participating in international academic mobility programmes to travel outside the territory of Ukraine. It is emphasised that the categories of students entitled to social scholarships have been expanded to include internally displaced persons, children of combatants and prisoners of war. It is noted that higher education students can either apply for a deferment from mobilisation or an academic leave in case of voluntary mobilisation to the Armed Forces of Ukraine. It is specified that students retain the right to vacation leave, scholarships, protection from mental and physical violence, as well as other rights provided for by the legislation on education

Proposals for improving the current legislation have been developed. It is emphasised that it is necessary to adopt a separate regulation on the specifics of distance learning in higher education institutions. It is proposed to amend the Regulations on the Practice of Students of Higher Education Institutions, approved by the Order of the Ministry of Education and Science of Ukraine of 8 April 1993, to ensure the safety of students during their practice.