The Cabinet of Ministers submitted a mobilization bill to the Verkhovna Rada: a detailed analysis

The Cabinet of Ministers has submitted an updated version of the draft law on mobilization to the Verkhovna Rada. The government wants to change the conscription age, establish new powers for the police, the military and civilian control center, replace conscription, and dismiss conscripts. This is stated in the draft law No. 10449, reports UNN.

Details

Mobilization, draft notices, military registration

According to the draft law, the draft age will be changed from 27 to 25 years. The term of military service for persons who enlist under a contract will be set at 1 year. However, this provision will apply to citizens aged 18 to 25. 

Convicted persons with suspended sentences may be called up for military service.  

People with disabilities of all groups are exempt from military service. Volunteers for mobilization have a 2-month deferral to "solve their problems." 

After mobilization, all citizens will undergo compulsory military training for 2-3 months. 

Citizens are obliged to report for mobilization: 

• Persons liable for military service and reservists to assembly points of territorial centers for recruitment and social support within the time limits specified in the calls or mobilization orders they receive; 
• Reservists serving in the military reserve - to military units within the terms determined by the commanders of military units; 
• Persons liable for military service and SBU reservists - at the call of the heads of the bodies in which they are registered;
• Persons liable for military service, reservists of the Foreign Intelligence Service of Ukraine or an intelligence agency of the Ministry of Defense of Ukraine - upon call of the heads of the respective units;

Persons liable for military service are obliged to update their credentials within 60 days of mobilization through administrative service centers, or the conscript's electronic cabinet, or at the CCC. Citizens will need to report any change of residence to the CCC.

Valid reasons for failure to report to military registration and enlistment offices may include: 

• natural disaster, illness of the citizen, actions of the aggressor country or other circumstances that prevented him/her from personally arriving at the specified place and time;
• death of a close relative (parents, spouse, child, siblings, grandparents) or a close relative of his/her spouse.

The reasons for non-arrival to the TCC must be reported within three days. 

Also, persons liable for military service must have a military ID card and present it at the request of a representative of the TCC, a police officer, or a representative of the State Border Guard Service. 

During the verification of documents, authorized persons may take photos and videos of the process of presenting and verifying documents. 

Any consular actions for men aged 18 to 60 will be carried out provided that they have military registration documents. Exceptions are the issuance of a certificate for returning to Ukraine, consular actions regarding children, and inheritance registration. 

Issuance of domestic and foreign passports - subject to availability of military registration documents.

Hospital managers are to be obliged to notify the TCC of inpatients aged 18-25. They will have to report to the military commissariat about their admission for treatment within three days.

Demobilization

It is noted that servicemen will be able to resign from service in case of election as a member of parliament, for family reasons, in connection with release from captivity, in case of continuous service for 36 months during martial law, in connection with appointment to the position of a judge. 

Foreign military personnel will also be able to resign at their own request, but not earlier than six months of continuous military service. They will also be dismissed from service for health reasons or in case of disability. 

The draft law will provide for the discharge of conscripts to the reserve, but no later than six months after the law comes into force. Conscripts will be granted a grace period of up to 6 months.  

Basic military training instead of conscript service

The document provides for the introduction of basic general military training instead of conscript service, which will be conducted in higher military educational institutions, military training units of higher education institutions, training units (centers) of the Armed Forces of Ukraine, etc. According to the law, it should start in 2025. 

Public organizations and associations, including public associations of war veterans, will be involved in conducting basic general military training.

Such training will be included in the curricula of higher education institutions of all forms of ownership as a separate discipline. It will be available to men aged 18 to 25 who are found fit. Women - voluntarily. 

The period of basic military service will be up to 5 months in peacetime, of which up to three months will be spent on basic general military training, and up to two months on specialized training.

And during martial law - for up to three months

However, citizens will be exempt from military training:

• who are recognized as unfit for military service for health reasons;
• who, prior to acquiring Ukrainian citizenship, performed military service in other countries;
• who did military service.

In addition, will a new military rank of "recruit" be introduced?

The military rank of privates who are undergoing probation when enrolled in military service under a contract until the end of the probation, are performing basic military service or called up for military service during mobilization, for a special period during the period of training in educational military units. 

Postponement of mobilization and basic military training, reservation 

Deferral from basic military training will be granted to citizens who: 

• are recognized as temporarily unfit for military service for health reasons;
• studying in general secondary education institutions of the third level, vocational (vocational-technical) education institutions, professional pre-university and/or higher education institutions, institutions of secondary and higher religious education in full-time or dual form of education, internships and doctoral studies; 
• have the right to be discharged from military service for family reasons. 

Postponement of military service during mobilization will be granted: 

• women and men with three or more dependent children under the age of 18;
• women and men who have a child under the age of 18, if the other parent of such a child has died, been deprived of parental rights, declared missing or missing without a trace, or declared dead;
• adopters who depend on children who were orphans or children deprived of parental care at the time of adoption, guardians, trustees, foster parents, foster parents, foster carers who depend on orphans or children deprived of parental care under the age of 18;
• guardians of a person recognized by a court as incapacitated;
• family members who care for a person of disability groups 1 and 2;
• Heads of ministries and their deputies, heads of state agencies and public administration bodies;
• judges;
• applicants for vocational (vocational-technical), professional pre-university and higher education who are enrolled in full-time or dual forms of education, as well as doctoral students and persons enrolled in internships;

Deputies, heads of regional, district, city district councils (if established), village, town and city mayors will be subject to booking. 

Employees of the National Police, NABU, SBI, prosecutors, employees of the BES, and the State Emergency Service are also to be exempted from mobilization. 

Citizens working at critical infrastructure enterprises will be subject to reservation. At the same time, the Cabinet of Ministers will determine whether an enterprise is critical or not, as well as the booking procedure. 

It is noted that Ukrainians who are recognized as partially fit must undergo a second medical examination within nine months to determine their fitness. 

Also, men who are diagnosed with disability of groups II and III after February 24, 2024, are subject to re-evaluation for fitness for military service. 

"Sanctions" against persons liable for military service 

The draft law provides for potential restrictions on tax evaders. Thus, the TCC will be able to apply to the court to impose the following restrictions: 

• temporary restriction of the right to travel abroad;
• temporary restrictions on the right to drive a vehicle;
• seizure of funds and other valuables of an individual, as well as electronic money held on accounts and deposited in banks or other financial institutions and electronic wallets. 

Restrictions will be imposed for "the period until such person fulfills the requirement of the territorial center for recruitment and social support to fulfill the duty(s) of a person liable for military service, a reservist." 

The court will make a decision no later than 15 days from the date of opening the proceedings. After the court's decision, citizens will have 15 days to appeal the decision. 

Vacations and additional benefits 

According to the draft law, military personnel who have been released from captivity will be granted an additional 90 days of vacation. Such servicemen will be able to retain their financial support. However, this provision will not apply to military personnel who have expressed a desire to resign from military service after being released from captivity. 

Also, those released from captivity, if they wish to resign from the service, will be paid additional financial assistance in the amount of 50% of their monthly salary for each full calendar year of service. 

The same payments will be made to military personnel who have resigned voluntarily. 

Annual leave will be granted in installments of at least 15 calendar days. 

The one-time financial assistance is not paid to servicemen who, as of March 16, 2014, served on the territory of the Autonomous Republic of Crimea and the city of Sevastopol and did not continue their service outside the temporarily occupied territory of Ukraine in accordance with the established procedure. 

Powers of local self-government bodies and police officers 

The draft law amends the laws "On Local Self-Government in Ukraine", "On Local State Administrations", "On the National Police", etc. According to the amendments, the powers of the executive bodies of village, town and city councils include ensuring the organization of conscription of citizens for military service, assistance in organizing training, and ensuring the maintenance of personal and primary military records on the territory of the respective settlements. 

The police will also be able to issue summonses together with representatives of territorial recruitment and social support centers, as well as detain and deliver evaders to the TSCs. 

During the period of martial law, a police officer has the right to demand from a male person aged 18 to 60 years to present a military registration document together with an identity document in a manner that allows the police officer to read and record the data contained in the documents. 

Recall 

In an interview with the British TV channel Channel 4 News , President of Ukraine Volodymyr Zelenskyy emphasizedthat mobilization is primarily a matter of justice. He emphasized the importance of proper training and informing personnel about their role in the army.