The law on strengthening mobilization: what will change after May 18 for those liable for military service
Kyiv • UNN
The new law on mobilization comes into force on Saturday, May 18. UNN explains in detail what the document provides for, who has a deferral and the right to reserve, and what to expect.
This Saturday, May 18, the law on enhanced mobilization comes into force. UNN decided to remind you what the document provides for, who has a deferral and the right to reserve, what changes it makes to mobilization training and what to expect.
Mobilization, summonses, military registration
It is planned to change the conscription age from 27 to 25 years. Citizens between the ages of 25 and 60 are subject to mobilization. During mobilization, men aged 18 to 60 are required to carry a military registration document with them at all times. It is also noted that Ukrainians who turn 17 years old in the year of military registration will be registered for military service every year between January and March.
"Citizens of Ukraine who are serving a sentence in penitentiary institutions or who have been subjected to compulsory medical measures are not subject to military registration," the law says.
However, the Rada recently passed a bill that allowed prisoners to be released from serving their sentences if they are performing military service, but it also included provisions that would prevent people convicted of corruption and serious crimes from being released on parole.
Mobilization of prisoners: Rada adopts lawMay 8 2024, 11:29 AM • 92657 views
The law also contains a provision according to which women who are fit for military service for health and age reasons and who have graduated from vocational, professional, higher or higher education institutions and have obtained a medical or pharmaceutical specialty are subject to registration with the military. They may be called up for military service or engaged to perform work to ensure the defense of the state in wartime on a voluntary basis.
Women who have a specialty or profession related to the relevant military registration specialty may register for military service at their own request.
Persons liable for military service are obliged to clarify their credentials within 60 days of mobilization through administrative service centers, or the conscript's electronic cabinet, or in the CCC. Citizens will need to report any change of residence to the CCC.
The law also obliges the MSEC to notify the MCC within 7 days of conscripts, persons liable for military service and reservists who are recognized as persons with disabilities and of changes in their disability group.
"During the period of martial law and/or during mobilization (except for targeted mobilization), a police officer has the right to demand that a male person aged 18 to 60 years present a military registration document along with an identity document in a manner that allows the police officer to read and record the data contained in the documents," the law states.
Valid reasons for failure to appear at the TCC
When delivering the summons, representatives of the TCC, at the request of the citizen to whom the summons is delivered, are obliged to state their surnames, first name and patronymic, position, and to present their official IDs.
Valid reasons for not reporting to military registration and enlistment offices may include:
- an obstacle of a natural nature, illness of the citizen, military operations in the relevant territory and their consequences, or other circumstances that deprived him/her of the opportunity to personally arrive at the specified place and time;
- death of a close relative (parents, spouse, child, siblings, grandparents) or a close relative of the spouse).
However, a person liable for military service must report the reasons for his or her failure to report to the CMC as soon as possible, but no later than three days from the date and time specified in the summons.
During the verification of documents, authorized persons may take photos and videos of the process of presenting and verifying documents.
Paperwork and consular services
Issuance of domestic and foreign passports - subject to availability of military registration 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 of return to Ukraine, consular actions regarding children, and inheritance.
Sanctions for violators
The law provides for sanctions for failure to report to the TCC. The head of the MCC applies to the police for administrative detention and delivery of the person liable for military service to the territorial recruitment center for failure to appear at the MCC, failure to undergo a medical examination, failure to update their military registration data within 60 days and violation of the legislation on mobilization.
"In case of receipt of a written response about the impossibility of administrative detention and delivery of a citizen to the TCC, its head, within five days from the date of receipt of such a response, sends to this citizen in paper form by means of postal service by registered mail with acknowledgment of receipt to the address of his or her location, place of residence or stay, a request to perform a duty (duties) as a person liable for military service or a reservist," the document says.
The day of service of the summons is considered to be:
- the day of delivery of the request against receipt by means of postal communication;
- the day of putting a mark in the mail message about the refusal to receive the request or a mark about the impossibility of delivering the request to the person for other reasons at the address of the person's location, place of residence or stay, reported by the person to the territorial center for recruitment and social support;
- the day of affixing a mark in the mail message about the refusal to receive the demand or a mark about the impossibility of delivering the demand to the person for other reasons at the address of the person's location, place of residence or stay, registered in accordance with the procedure established by law, unless the person has not informed the territorial manning center.
In addition, if a person liable for military service fails to report to the MCC, the MCC may file a claim with the court to have the court temporarily restrict such person's right to drive a vehicle during mobilization.
The claim shall be filed with the court of first instance within 30 days from the date of occurrence of the grounds, and shall contain:
- the name of the court of first instance in which the claim is filed;
- full name of the plaintiff, its location, postal code, telephone numbers, e-mail address, information about the presence or absence of an electronic cabinet;
- the name (surname, first name and patronymic) of the defendant, his or her place of residence or stay, postal code, registration number of the taxpayer's account card, if any, or passport number and series (if such information is known to the plaintiff), known communication numbers, e-mail addresses, information on the presence or absence of an electronic cabinet;
- the content of the claims and a statement of the circumstances by which the plaintiff substantiates his or her claims, and the evidence supporting the said circumstances;
- a list of documents and other evidence;
- signature of the plaintiff's authorized representative and evidence to confirm his/her authority.
However, the court may refuse to impose a driving restriction if:
- the imposition of such a restriction deprives a person of the main legal source of livelihood;
- the person uses the vehicle in connection with the disability or dependency of a person with a disability of group I, II, established in accordance with the established procedure, or a child with a disability.
Foreigners and stateless persons
Foreigners and stateless persons will be able to serve in the Ukrainian army. To do so, they need to apply to recruitment centers, ASCs, employment centers, TCCs, at their place of residence or temporary stay, or directly to the military unit in which they wish to serve under contract.
Basic military service instead of conscript service
The document envisages 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.
"Basic general military training is carried out with the aim of acquiring by citizens of Ukraine a military specialty, skills and abilities necessary to fulfill the constitutional duty to protect the Fatherland, independence and territorial integrity of Ukraine," the law says.
According to the law, it should start on September 1, 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, of which at least one month is spent on basic general military training, and up to two months on professional training.
"During the period of martial law, the term of military service for Ukrainian citizens who have received medical and/or psychological education and who are enlisted in the military under a contract for positions in medical and psychological fields of activity is set at 1 year," the law says.
The deferral of basic military training will be granted to citizens who:
- are recognized as temporarily unfit for military service for health reasons;
- studying at general secondary education institutions of the third level, vocational (vocational-technical) education institutions, professional pre-university and/or higher education institutions, secondary and higher religious education institutions on a full-time or dual form of study, internships and doctoral studies (the said deferral is granted until the person reaches the age of 24);
- choose the appropriate year in which they wish to undergo basic military training;
- have the right to be discharged from military service for family reasons or other valid reasons.
Persons who are recognized as unfit for military service for health reasons or who have performed military service in other countries before acquiring Ukrainian citizenship are also exempt from basic military service.
The postponement of the call-up for basic military service is granted to conscripts who have been notified of suspicion of committing a criminal offense or in respect of whom a criminal case is being considered by a court until the relevant decision is made.
Also, men under the age of 60 who have not completed basic military training or military service will not be able to enter the civil service or start working in local government, prosecutor's offices, and the police. The exception is for those unfit for service for health reasons. The requirements for mandatory basic military training do not apply to SAPO prosecutors.
In addition, a new military rank of "recruit" will be introduced.
"The military rank of 'recruit' is the military rank of privates (except for cadets of institutions of professional higher military education, higher military educational institutions, military educational units of higher education institutions) who are undergoing probation for admission to military service under a contract until the end of the probation, are performing basic military service or are called up for military service during mobilization, for a special period during the period of training in training units (centers)," the law states.
Heads of healthcare institutions, when referring people for basic military service, are obliged to notify the relevant military commissariats within three days of citizens aged 18 to 25 who are undergoing inpatient treatment.
Incentives
According to the law, during martial law, military personnel will be paid remuneration for destroyed (captured) weapons and military equipment of the enemy in the amount of four to three hundred times the subsistence minimum for able-bodied persons established by law as of January 1.
Currently, such payments will range from UAH 1,680 to UAH 876 thousand. Also, servicemen will be granted additional leave for destroyed equipment lasting no more than 15 calendar days per year.
Also, servicemen who have signed a contract have the right to receive a certificate for the purchase of a vehicle in the amount of UAH 150 thousand within three months
"A certificate for the purchase of a vehicle is issued to a serviceman when concluding a contract only once," the law says.
It is also noted that citizens who have arrived at the TCC on their own and are subject to referral for training may be granted a two-month grace period to solve "their problems."
Military personnel are entitled to compensation of 50% of the down payment on a loan under the eSelya program and an additional UAH 100 thousand after the first year of military service, and another UAH 100 thousand after the second year.
Servicemen and their spouses who were called up for military service during mobilization will not be charged penalties, fines for failure to fulfill obligations to enterprises, institutions and organizations of all forms of ownership, including banks, and individuals, as well as interest on the loan.
However, this provision does not apply to loan agreements for the purchase of an apartment, residential building, or car.
Servicemen are provided with annual basic leave, which will be granted in installments during the calendar year, provided that the main continuous part of it is at least 15 calendar days and no more than 30% of the total number of servicemen of the relevant unit are absent at the same time.
In addition, a leave of absence will be granted to servicemen who have been released from captivity with the preservation of financial support for 90 calendar days without division into units. However, such leave will not be granted to servicemen who have expressed a desire to resign from military service after their release from captivity.
Deferral and booking
Persons liable for military service during mobilization are not subject to call-up:
- booked for the period of mobilization and wartime and are registered in a special military register;
- recognized in accordance with the established procedure as persons with disabilities or, in accordance with the conclusion of the military medical commission, temporarily unfit for military service for a period of 6-12 months. However, then it will be necessary to undergo a medical examination again;
- women and men with three or more dependent children under the age of 18, except for those who have child support arrears exceeding the total amount of payments for three months;
- Women and men who have a child (children) under the age of 18, if the other parent of such child (children) has died, been deprived of parental rights, declared missing or missing without a trace, or declared dead, shall serve their sentence in a penitentiary;
- women and men, guardians, trustees, foster parents, foster parents raising a child with a disability under the age of 18;
- women and men, guardians, caregivers, foster parents, foster parents raising a child with severe perinatal nervous system disorders, severe congenital malformations, rare orphan diseases, oncological, oncohematological diseases, cerebral palsy, severe mental disorders, type I diabetes mellitus (insulin-dependent), acute or chronic kidney disease of the IV degree, a child who has been seriously injured, needs an organ transplant, or requires palliative care;
- women and men with a dependent adult child who is a person with a disability of group I or II;
- adoptive parents who depend on a child who, prior to adoption, was an orphan or a child deprived of parental care under the age of 18;
- engaged in constant care for a sick wife (husband), child and/or their father or mother (father or mother of the wife (husband), if she herself needs constant care according to the conclusion of the medical and social expert commission or the medical advisory commission of the health care institution;
- guardian of a person recognized by a court as incapacitated;
- who have a spouse with a disability of group I or II;
- who have a spouse from among persons with a disability of group III established as a result of cancer, absence of limbs (limbs), hands (hands), feet (feet), one of the paired organs, or if a person with a disability of group III has cancer, mental disorder, cerebral palsy or other paralytic syndromes;
- who have one of their parents with a disability of group I or II or one of the parents of their spouse with a disability of group I or II, provided that there are no other persons who are not liable for military service;
- family members of the second degree of kinship of a person with a disability of group I or II, engaged in permanent care for him/her (no more than one and in the absence of family members of the first degree of kinship or if family members of the first degree of kinship themselves need permanent care;
- Heads of ministries and their deputies, heads of state bodies, public administration bodies with jurisdiction over the entire territory of Ukraine;
- people's deputies of Ukraine, deputies of the Verkhovna Rada of the Autonomous Republic of Crimea;
- judges, judges of the Constitutional Court of Ukraine, members of the High Council of Justice, members of the High Qualification Commission of Judges of Ukraine, the Head of the Service of Disciplinary Inspectors of the High Council of Justice, his deputy, disciplinary inspectors of the High Council of Justice;
- Ukrainian Parliament Commissioner for Human Rights;
- the Chairman and other members of the Accounting Chamber;
- diplomatic officers, as well as persons holding the diplomatic rank of Ambassador Extraordinary and Plenipotentiary.
Subject to mobilization only at will:
- persons with disabilities (for military service under contract);
- persons released from captivity;
- persons under the age of 25 who have completed basic military training or basic military service.
Also, students of vocational (vocational-technical), professional higher and higher education who are studying full-time or dual forms and obtaining a level of education higher than the one they have previously obtained will not be subject to mobilization.
"Persons liable for military service during mobilization are not subject to call-up from among citizens who have performed military service and were released from reserve service in connection with their release from captivity. Such persons may be called up for military service with their consent," the law says.
Also, citizens of Ukraine who were enrolled in educational institutions and had the right to deferment for the duration of their studies but were expelled retain this right until the end of the current academic year.
It is emphasized that the verification of the grounds for granting the deferral and its execution will be carried out by the MCC. The deferment can also be issued using the Unified State Register of Conscripts, Persons Liable for Military Service and Reservists based on data obtained from other state registers, which is to be launched in early June.
It should be noted that the Ministry of Defense pointed out that draft law No. 10062, adopted by the Verkhovna Rada in mid-January, on the creation of a Unified Electronic Register of Conscripts, Persons Liable for Military Service and Reservists, should unlock the digitalization of the army and provide faster services for the military and persons liable for military service.
The law on mobilization also specifies who can be reserved from mobilization, including persons who are employed:
- in state authorities, other state bodies, local self-government bodies and have categories of public positions "A", "B", "C";
- in state authorities, other state bodies, the National Police, NABU, SBI, Prosecutor's Office, BES, SES, State Criminal Executive Service of Ukraine, Judicial Protection Service, courts, as well as in staff positions of patronage services of state bodies whose jurisdiction extends over the entire territory of Ukraine;
- at enterprises that are recognized as critical.
MPs can also book no more than two of their assistants.
The procedure and organization of reservations, criteria, list of positions and professions, as well as the volume of reservations for persons liable for military service will be decided by the Cabinet of Ministers.
Managers of such enterprises and state authorities are obliged to apply for deferral for employees in the district TCC in the territory of which they are located.
Dismissal from military service
Servicemen and women who are called up for military service during mobilization in wartime may be discharged from service on the following grounds:
- by age - in case of reaching the age limit for military service;
- for health reasons - on the basis of the conclusion of the Military Qualification Commission on unfitness for military service or temporary unfitness for military service with a review in 6-12 months;
- in case of disability (if the servicemen did not express a desire to continue military service);
- in connection with the entry into force of a court verdict of guilty, which imposed a sentence of imprisonment or restriction of liberty;
- due to family circumstances or other valid reasons (if the servicemen did not express a desire to continue military service);
- in connection with the release from captivity (if the servicemen did not express a desire to continue military service);
- in connection with staff reductions or organizational measures - if they cannot be used in service (for senior officers);
- in connection with the appointment (election) to the position or stay in the position of a judge.
It is worth noting that in the first reading, the norms on demobilization of servicemen who served continuously for 36 months during martial law were supported.
However, this provision was excluded before the second reading, and the Cabinet of Ministers was instructed to develop a separate draft law on the demobilization of military personnel within 8 months. Also, the Cabinet of Ministers should support the resolution on additional payments for the Defense Forces soldiers on the front line, which should amount to 70 thousand hryvnias.
In addition, the first reading supported a provision that provides for the discharge of conscripts to the reserve, but no later than six months after the law comes into force. Conscripts were to be granted a grace period of up to 6 months.
However, on February 22, President of Ukraine Volodymyr Zelenskyy registered a draft law in the Verkhovna Rada on the discharge of conscripts after completion of their military service during martial law.
On February 23, the draft law was passed in the Verkhovna Rada, and on February 26, it was signed by the President of Ukraine.
In early March, Zelenskyy signed a decree to discharge conscripts into the reserve, and the demobilization of conscripts began in late March.
Demobilization of conscripts to begin next week - MPMarch 27 2024, 11:06 AM • 26398 views
What else does the law provide for
Seizure of vehicles for the needs of the Armed Forces of Ukraine
Representatives of the TCC and JV can seize a vehicle for the needs of the Armed Forces from Ukrainians who own more than one vehicle.
"A vehicle owned by a citizen is not subject to transfer to the Armed Forces of Ukraine or other military formations if the citizen does not have ownership rights to other vehicles," the law says.
That is, if a person has two vehicles, one may be seized for the needs of the AFU. The vehicle can be mobilized by representatives of the TCC and JV. Vehicles are returned to the owner within 30 calendar days from the date of demobilization.
One-time payment in case of death of a serviceman
The amount of one-time financial assistance paid in the event of the death of a serviceman while performing his military service duties cannot be less than UAH 15 million.
After the law enters into force
As already noted, after May 18, Ukrainians who are registered for military service are required to update their residential addresses, communication numbers, e-mail addresses and other personal data with the CCC within 60 days.
If the persons are abroad, such data must be sent by message to the official e-mail address or to the official telephone number of the CCC, or through the electronic cabinet of the conscript, person liable for military service, or reservist.
Also, men aged 18 to 60 who are discharged from service and have special ranks (class ranks), including in connection with retirement, are obliged to register for military service within 60 days.
Orders of the Cabinet of Ministers
The law provides for a number of instructions to the Government. In particular, to develop criteria according to which institutions and organizations will be classified as critical for the functioning of the economy and ensuring the vital activity of the population during the special period, and their employees will be subject to reservation.
Revise the procedure for reserving persons liable for military service, introduce automated data exchange between the Unified State Register of Conscripts, Persons Liable for Military Service and Reservists and the Centralized Disability Data Bank and/or provide the bodies maintaining the said register with online access to the said data bank;
In addition, the Cabinet of Ministers, together with law enforcement agencies, should take measures to verify the validity of the decisions of the MSEC to establish disability for Ukrainian male citizens aged 25 to 50 who, after February 24, 2022, were first diagnosed with disability groups II and III.
The version before the first reading stipulated that men aged 25 to 55 who were diagnosed with disabilities of groups II and III after February 24, 2024, had to undergo a re-evaluation for fitness for military service by the end of the year.
It is worth noting that in late December, along with the draft law on mobilization, the Cabinet of Ministers introduced a bill to increase fines for violations of military registration and defense legislation, as well as mobilization training and mobilization. The draft law also drew criticism from the public because it had cosmic fines.
For example, it is proposed to establish a fine in the amount of UAH 34,000-85,000 for violation of the legislation on defense, military duty and military service, mobilization training and mobilization.
During the special period, it is proposed to set fines at the level of UAH 153,000 - 204,000. The draft law also proposes to detain people for up to three days for violating the legislation on defense, military duty and military service, rules of military registration, mobilization preparation and mobilization.
It is also proposed to punish evasion from military service during mobilization (including refusal to undergo a medical examination), for a special period, for military service by conscription of persons from among the reservists during a special period with imprisonment for a term of three to five years
In April, the Verkhovna Rada Committee on Law Enforcement recommended that the Rada adopt the draft law, but with committee amendments. In particular, the committee reduced the fines for evading mobilization several times and removed the provision that provided for up to 5 years in prison for refusing to undergo a medical examination.
Already on April 10, the Rada passed in the first reading a draft law on liability for mobilization evasion, but in the government's version. In May, the parliament voted to adopt amendments to the Criminal Code and the Code of Administrative Offenses related to mobilization violations with 256 votes in favor, removing many negative provisions and easing the penalties, as promised by the committee.
The draft law was sent to the President for signature on May 14.
