Law on strengthening mobilization: what will change for conscripts after May 18
Kyiv • UNN
The new law on mobilization comes into force on Saturday, May 18. UNN details what the document provides for, who is eligible for deferment and reservation, and what to expect.
This Saturday, May 18, the law on strengthening mobilization comes into force. UNN decided to remind what the document provides, who has a deferment and the right to reservation, what changes it introduces to mobilization training, and what to expect.
Mobilization, summons, military registration
The draft age is expected to change from 27 to 25 years. Citizens aged 25 to 60 are subject to mobilization. During mobilization, men aged 18 to 60 are obliged to constantly carry a military registration document. It is also noted that Ukrainians who turn 17 in the year of military registration will be registered annually during January-March.
Citizens of Ukraine who are serving sentences in correctional facilities or to whom compulsory medical measures have been applied are not subject to military registration of conscripts.
However, the Rada recently adopted a bill that allowed prisoners to be released from serving their sentences if they performed military service, but norms were taken into account according to which persons convicted of corruption and serious crimes will not be able to use early release.
Mobilization of prisoners: Rada adopts law08.05.24, 14:29 • 92943 views
The law also contains a norm according to which women who are fit for military service due to health and age and have graduated from vocational (vocational-technical), professional pre-higher or higher education institutions and have obtained a medical or pharmaceutical specialty are subject to military registration of conscripts. They can be called up for military service or involved in performing work to ensure the defense of the state in wartime on a voluntary basis.
Women who have a specialty or profession related to the corresponding military accounting specialty can register for military service at their personal request.
Conscripts are obliged to clarify their accounting data within 60 days from the moment of mobilization through administrative service centers, or the conscript's electronic cabinet, or in the TCC. Citizens will need to report a change of residence to the TCC.
The law also obliges the MSEK to notify the TCC within 7 days about conscripts, military personnel, and reservists who have been recognized as persons with disabilities, and about a change in the disability group.
During martial law and/or mobilization (except for targeted mobilization), a police officer has the right to demand that a male person aged 18 to 60 present a military registration document along with an identity document in a way that allows the police officer to read and record the data contained in the documents.
Valid reasons for not appearing at the TCC
When serving a summons, TCC representatives, at the request of the citizen being served, are obliged to state their surname, first name, and patronymic, position, and present their service IDs.
Valid reasons for not appearing at the military commissariats may be:
- a natural disaster, the citizen's illness, military actions in the relevant territory and their consequences, or other circumstances that deprived him of the opportunity to personally arrive at the specified point and time;
- the death of his close relative (parents, wife/husband, child, native brother, sister, grandfather, grandmother) or a close relative of his wife/husband).
However, the conscript must report the reasons for not appearing at the TCC as soon as possible, but no later than three days from the date and time specified in the summons.
During document verification, authorized persons may perform photo and video recording of the process of presenting and verifying documents.
Document processing and consular services
Processing of internal and foreign passports - provided that military registration documents are available.
Any consular actions for men aged 18 to 60 will be carried out provided that they have military registration documents. Exception - processing of a certificate for return to Ukraine, consular actions regarding children, processing of inheritance.
Sanctions for violators
The law provides for sanctions for failure to appear at the TCC. The head of the TCC applies to the police for administrative detention and delivery of the conscript to the territorial recruitment center for failure to appear at the TCC summons, failure to undergo a medical examination, failure to clarify their military registration data within 60 days, and violation of mobilization legislation.
In case of receiving 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 receiving such a response, sends to this citizen in paper form by postal means a registered letter with a delivery notification to his location, place of residence or stay, a demand for the fulfillment of the duty (duties) of a conscript, reservist.
The day of serving the summons is considered:
- the day of serving the demand under signature by postal means;
- the day of marking in the postal notification of refusal to receive the demand or marking of impossibility of delivering the demand to the person for other reasons at the address of location, place of residence or stay of the person, reported by this person to the territorial center of recruitment and social support;
- the day of marking in the postal notification of refusal to receive the demand or marking of impossibility of delivering the demand to the person for other reasons at the address of location, place of residence or stay of the person, registered in the manner prescribed by law, if this person has not notified the territorial center of recruitment.
Also, in case of failure to appear at the TCC by conscripts, the TCC may apply to the court with a statement of claim for the court to apply a temporary restriction on such a person's right to drive a vehicle during mobilization.
The lawsuit is filed with the court of first instance within 30 days from the date of the grounds, which must contain:
- the name of the court of first instance to which the lawsuit is filed;
- the full name of the plaintiff, its location, postal code, communication numbers, email address, information about the presence or absence of an electronic cabinet;
- the name (surname, first name, and patronymic) of the defendant, his place of residence or stay, postal code, taxpayer registration card number if available, or passport number and series (if such information is known to the plaintiff), known communication numbers, email addresses, information about the presence or absence of an electronic cabinet;
- the content of the claims and a statement of the circumstances on which the plaintiff bases his claims, indicating the evidence confirming the stated circumstances;
- a list of documents and other evidence;
- the signature of the plaintiff's authorized person and evidence confirming her authority.
However, the court may refuse to apply the restriction on driving a vehicle if:
- the establishment of such a restriction deprives the person of the main legal source of livelihood;
- the person uses the vehicle due to disability or the presence of a person with a disability of group I, II, established in the prescribed manner, or a child with a disability under her care.
Foreigners and stateless persons
Foreigners and stateless persons will be able to serve in the Ukrainian army. To do this, they need to contact recruitment centers, ASCs, employment centers, TCCs, at their place of residence or temporary stay, or directly to the military unit where they wish to serve under contract.
Basic military service instead of conscription
The document provides for the introduction of basic general military training instead of conscription, 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 conducted to enable citizens of Ukraine to acquire a military accounting specialty, skills, and abilities necessary to fulfill their constitutional duty to protect the Motherland, independence, and territorial integrity of Ukraine.
According to the law, it should begin 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 academic discipline. It will be undertaken by men aged 18 to 25 who are deemed fit. Women - voluntarily.
The terms of basic military service will be up to 5 months in peacetime, of which up to three months will be basic general military training, and up to two months will be specialized training.
And during martial law - for a period of up to three months, of which at least one month is basic general military training, and up to two months is specialized training.
During martial law, for citizens of Ukraine who have received medical and/or psychological education, and who are accepted for military service under contract for positions in medical, psychological areas of activity, the term of military service is set at 1 year.
Deferment from basic general military training will be granted to citizens who:
- are recognized as temporarily unfit for military service due to health reasons;
- are studying in general secondary education institutions of the III degree, vocational (vocational-technical) education institutions, professional pre-higher and/or higher education, secondary and higher spiritual education institutions in full-time or dual form of study, in internship and doctoral studies (this deferment is granted until the person reaches the age of 24);
- have chosen the appropriate year in which they wish to undergo basic military training;
- have the right to be discharged from military service due to family circumstances or other valid reasons.
Also, persons who are recognized as unfit for military service due to health reasons, or who have served in other states before acquiring Ukrainian citizenship, are exempt from basic military service.
A deferment from being sent for basic military service is granted to conscripts who have been notified of suspicion of committing a criminal offense or against whom a criminal case is being considered by a court, until a relevant decision is made.
Also, men under 60 who have not undergone basic general military training or military service will not be able to enter public service or start working in local self-government bodies, prosecutor's offices, and police. The exception is those unfit for service due to health reasons. The requirements for mandatory basic military training do not apply to SAP prosecutors.
In addition, a new military rank "recruit" will be introduced.
The military rank "recruit" is a military rank of enlisted personnel (except for cadets of professional pre-higher military education institutions, higher military educational institutions, military training units of higher education institutions) who are undergoing probation upon entering military service under contract until the end of probation, are undergoing basic military service, or are called up for military service by conscription during mobilization, for a special period during the training period in training units (centers).
Heads of healthcare institutions, when sending for basic military service, are obliged to notify the relevant TCCs within three days about citizens aged 18 to 25 who are undergoing inpatient treatment.
Incentives
According to the law, military personnel during martial law will be paid a reward for destroyed (captured) weapons and military, combat 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 be at the level of 11,680 hryvnias to 876 thousand hryvnias. Also, military personnel will be granted additional leave for destroyed equipment lasting no more than 15 calendar days per year.
Also, military personnel who have signed a contract have the right to receive a certificate for the purchase of a vehicle in the amount of 150 thousand hryvnias within three months.
A certificate for the purchase of a vehicle is issued to a serviceman upon signing a contract only once.
It is also noted that citizens who independently arrived at the TCC and are subject to referral for training may be granted a two-month deferment to resolve "their problems."
Military personnel, upon signing the first contract, have the right to compensation of 50% of the first installment for a loan under the eOselya program and an additional 100 thousand hryvnias after the first year of military service, and another 100 thousand hryvnias after the second.
Military personnel, as well as their wives (husbands), who were called up for military service by conscription during mobilization, will not be charged penalties, late payment fees for non-fulfillment of obligations to enterprises, institutions, and organizations of all forms of ownership, including banks, and individuals, as well as interest for using the loan.
However, this norm does not apply to loan agreements for the purchase of an apartment, residential building, or car.
Military personnel are provided with annual basic leave, which will be granted in parts during the calendar year, provided that its main continuous part is at least 15 calendar days and the simultaneous absence of no more than 30% of the total number of military personnel of the relevant unit.
In addition, leave will be granted to military personnel who have been released from captivity with the preservation of monetary allowance for a period of 90 calendar days without division into parts. However, such leave will not be granted if the military personnel expressed a desire to be discharged from military service after being released from captivity.
Deferment and reservation
Conscripts are not subject to conscription for military service during mobilization:
- reserved for the period of mobilization and for wartime and are on special military registration;
- recognized in the prescribed manner as persons with disabilities or, according to the conclusion of the military medical commission, temporarily unfit for military service due to health reasons for a period of 6-12 months. However, then it will be necessary to undergo a medical commission again;
- women and men who have three or more children under the age of 18 under their care, except for those who have alimony arrears, the total amount of which exceeds the sum 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, recognized as missing or absent without trace, declared dead, is serving a sentence in places of deprivation of liberty;
- women and men, guardians, trustees, foster parents, foster caregivers who are raising a child with a disability under the age of 18;
- women and men, guardians, trustees, foster parents, foster caregivers who are raising a child suffering from severe perinatal nervous system damage, severe congenital malformations, rare orphan diseases, oncological, oncohematological diseases, cerebral palsy, severe mental disorders, type I diabetes (insulin-dependent), acute or chronic kidney diseases of stage IV, a child who has suffered a severe injury, needs organ transplantation, needs palliative care;
- women and men who have an adult child with a disability of group I or II under their care;
- adoptive parents who have a child under their care who was an orphan or a child deprived of parental care before adoption, 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 a healthcare institution;
- guardian of a person recognized by the court as incapacitated;
- who have a wife (husband) with a disability of group I or II;
- who have a wife (husband) with a disability of group III, established as a result of an oncological disease, absence of limbs (limb), hands (hand), feet (foot), one of the paired organs, or in the presence of an oncological disease, mental disorder, cerebral palsy or other paralytic syndromes in a person with a disability of group III;
- who have one of their parents with a disability of group I or II or one of the parents of the wife (husband) with a disability of group I or II, provided there are no other persons who are not conscripts;
- family members of the second degree of kinship of a person with a disability of group I or II, engaged in constant care for her (no more than one and provided there are no family members of the first degree of kinship or if family members of the first degree of kinship themselves need constant care;
- heads of ministries and their deputies, heads of state bodies, state administration bodies whose jurisdiction extends to 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, head of the disciplinary inspectors service of the High Council of Justice, his deputy, disciplinary inspectors of the High Council of Justice;
- Commissioner for Human Rights of the Verkhovna Rada of Ukraine;
- chairman and other members of the Accounting Chamber;
- diplomatic staff, as well as persons with the diplomatic rank of Ambassador Extraordinary and Plenipotentiary.
Subject to mobilization only by choice
- persons with disabilities (for military service under contract);
- persons released from captivity;
- persons under 25 years of age who have completed basic general military training or basic military service.
Also, students of vocational (vocational-technical), professional higher and higher education who study full-time or dual forms and acquire a level of education higher than previously acquired will not be subject to mobilization.
Conscripts from among citizens who served in the military and were discharged from service to the reserve due to release from captivity are not subject to conscription for military service during mobilization. Such persons may be called up for military service with their consent.
Also, citizens of Ukraine who studied in educational institutions and had the right to a deferment for the period of study, but were expelled, retain this right until the end of the current academic year.
It is emphasized that the TCC will verify the grounds for granting a deferment and its processing. Also, a deferment can be processed using the Unified State Register of Conscripts, Military Personnel, and Reservists based on data received from other state registers, which is expected to start operating in early June.
It should be noted that the Ministry of Defense indicated that Bill No. 10062, adopted by the Verkhovna Rada in mid-January, on the creation of a Unified Electronic Register of Conscripts, Military Personnel, and Reservists, should unblock the digitalization of the army and enable faster services for military personnel and conscripts.
The mobilization law also specifies who can be reserved from mobilization, including persons working:
- in state authorities, other state bodies, local self-government bodies and have categories of state positions “A”, “B”, “C”;
- in state authorities, other state bodies, the National Police, NABU, SBI, prosecutor's office, BEB, State Emergency Service, State Criminal Executive Service of Ukraine, Judicial Protection Service, in courts, as well as in full-time positions of patronage services of state bodies whose jurisdiction extends to the entire territory of Ukraine;
- at enterprises that are recognized as critically important.
Also, people's deputies can reserve no more than two of their assistants.
The procedure and organization of reservation, criteria, list of positions and professions, as well as the scope of reservation of conscripts will be adopted by the Cabinet of Ministers.
Heads of such enterprises and state authorities are obliged to arrange a deferment for employees in the district TCC, in whose area of responsibility they are located.
Discharge from military service
Military personnel serving under conscription during mobilization in wartime may be discharged on the following grounds:
- by age - upon reaching the maximum age for military service;
- by health - based on the conclusion of the military medical commission on unfitness for military service or temporary unfitness for military service with a review after 6-12 months;
- in the presence of disability (if military personnel have not expressed a desire to continue military service);
- due to the entry into force of a guilty verdict of the court, which imposed a sentence of imprisonment or restriction of liberty;
- due to family circumstances or other valid reasons (if military personnel have not expressed a desire to continue military service);
- due to release from captivity (if military personnel have not expressed a desire to continue military service);
- due to staff reduction or organizational measures - in case of impossibility of their use in service (for senior officers);
- due to appointment (election) to a position or holding the position of a judge.
It should be noted that in the first reading, norms regarding the demobilization of military personnel who served continuously for 36 months during martial law were supported.
However, this norm was excluded before the second reading, and the Cabinet of Ministers was instructed to develop a separate bill on the demobilization of military personnel within 8 months. The Cabinet of Ministers must also support a resolution on additional payments for defense forces fighters on the front line, which should amount to 70 thousand hryvnias.
In addition, in the first reading, a norm was supported that provides for the discharge of conscripts into the reserve, but no later than six months from the date the law comes into force. Conscripts were to be granted a deferment of up to 6 months.
However, on February 22, President of Ukraine Volodymyr Zelenskyy registered in the Verkhovna Rada a bill on the discharge of conscripts into the reserve after the end of their military service during martial law.
On February 23, the bill was adopted by the Verkhovna Rada, and on February 26, it was signed by the President of Ukraine.
In early March, Zelenskyy signed a decree on the discharge of conscripts from military service into the reserve, and the demobilization of conscripts began in late March.
Demobilization of conscripts to begin next week - MP27.03.24, 14:06 • 26618 views
What else the law provides
Seizure of vehicles for the needs of the Armed Forces of Ukraine
Representatives of the TCC and SP can seize vehicles for the needs of the Armed Forces of Ukraine 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, other military formations, if he does not own other vehicles.
That is, if a person has two vehicles, one can be seized for the needs of the Armed Forces of Ukraine. A vehicle can be mobilized by representatives of the TCC and SP. The return of vehicles to the owner is carried out within 30 calendar days from the date of announcement of demobilization.
One-time payment in case of death of a serviceman
The amount of the one-time monetary assistance paid in case of death (demise) of a serviceman during the performance of his military duties cannot be less than 15 million hryvnias.
After the law comes into force
As already noted, after May 18, Ukrainians who are on military registration are obliged to clarify their residential address, communication numbers, email addresses, and other personal data in the TCC within 60 days.
If persons are abroad, such data must be transmitted by message to the official email address or official phone number of the TCC, or through the electronic cabinet of the conscript, military personnel, reservist.
Also, men aged 18 to 60 who have been discharged from service and have special ranks (class ranks), including due to retirement, are obliged to register for military service within 60 days.
Cabinet of Ministers' instructions
The law provides for a number of instructions to the Government. In particular, to develop criteria by which institutions and organizations will be classified as critically important for the functioning of the economy and ensuring the vital activity of the population during a special period, and their employees will be subject to reservation.
Review the procedure for reserving conscripts, introduce automated data exchange between the Unified State Register of Conscripts, Military Personnel, and Reservists and the Centralized Database on Disability Issues and/or provide the bodies maintaining the specified register with online access to the specified database;
In addition, the Cabinet of Ministers, together with law enforcement agencies, must take measures to verify the validity of the decisions of the MSEK regarding the establishment of disability for male citizens of Ukraine aged 25 to 50 who were first diagnosed with group II and III disability after February 24, 2022.
In the version before the first reading, it was envisaged that men aged 25 to 55 who were diagnosed with group II and III disability after February 24, 2024, would have to undergo a re-examination for fitness for military service by the end of the year.
It should be noted that at the end of December, along with the bill on mobilization, the Cabinet of Ministers submitted a bill on increasing fines for violating military registration rules and defense legislation, as well as mobilization training and mobilization. The bill also caused public criticism, as it had exorbitant fines.
For example, for violating legislation on defense, military duty and military service, mobilization training and mobilization, it is proposed to establish a fine of 34,000 - 85,000 hryvnias.
During a special period, it is proposed to establish fines at the level of 153,000 - 204,000 hryvnias. The bill also proposes to detain people for up to three days for violating legislation on defense, military duty and military service, military registration rules, mobilization training and mobilization.
Also, for evading conscription for military service during mobilization (including refusing to undergo a medical examination), for a special period, for military service by conscription of persons from among reservists during a special period, it is proposed to punish 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 said bill, but with committee amendments. In particular, the committee significantly reduced fines for evading mobilization and removed the norm that provided for punishment of up to 5 years in prison for refusing to undergo a medical examination.
On April 10, the Rada adopted in the first reading a bill on responsibility for evading mobilization, but in the government version. In May, parliament voted to adopt amendments to the Criminal Code and the Code of Administrative Offenses related to mobilization violations, with 256 votes "for," removing many negative provisions and softening penalties, as the committee promised.
The bill was sent to the President for signature on May 14.