E-Reservation and Changes to the Reservation Procedure

The relevant amendments also affected Resolution of the Cabinet of Ministers of Ukraine No. 76 dated 27 January 2023, in particular, the Procedure for Reservation of Persons Liable for Military Service during Martial Law and the Criteria and Procedure for Determining Enterprises, Institutions and Organizations as Critically Important for the Functioning of the Economy and Ensuring the Livelihood of the Population during a Special Period, as well as Critically Important for Ensuring the Needs of the Armed Forces and Other Military Formations during a Special Period.

I. Electronic reservation procedure (e-reservation)

Resolution No. 650 provides for reservations based on the lists of persons liable for military service offered for reservation (hereinafter referred to as “the lists”) through the Diia Portal.

Such lists are submitted via the Diia Portal by entities included in the Unified List of Public Authorities, Other State Bodies, Local Self-Government Bodies, Enterprises, Institutions and Organizations for Reservation of Persons Liable for Military Service (hereinafter referred to as the “Unified List”).

1. Procedure for the formation of the Unified List

1.1. Through the Diia Portal, the Ministry of Economy forms and maintains a Unified List for the reservation of persons liable for military service who are proposed for reservation for the period of mobilization and for wartime, who work or serve:

• in public authorities, other state bodies, local self-government bodies (hereinafter referred to as “state bodies”)
• at enterprises, institutions and organizations that are critically important for meeting the needs of the Armed Forces and other military formations during a special period (hereinafter referred to as “enterprises”);
• at enterprises, institutions and organizations that are critically important for the functioning of the economy and ensuring the livelihood of the population during the special period (hereinafter referred to as “institutions”).

1.2. The following procedure is provided for the formation of the Unified List: The Ministry of Economy adds state bodies to the Unified List; the relevant state body adds enterprises and institutions to the Unified List. Thus, inclusion in the Unified List is carried out on the basis of a notification submitted by the Ministry of Economy or a state body, which, among other things, must contain information on the grounds for reserving employees liable for military service of the relevant state body, enterprise and institution, namely:

• the date of adoption and the number of the decision of the central executive body in charge of the Armed Forces, other military formations established in accordance with the laws of Ukraine, the Security Service of Ukraine, the Ministry of Strategic Industries of Ukraine on determining the enterprise as critically important for meeting the needs of the Armed Forces, other military formations during a special period; or

• date of adoption and number of the decision of the central executive body, regional, Kyiv and Sevastopol city state administration (military administration, if established) on determining the institution as critical for the functioning of the economy and ensuring the livelihood of the population during the special period or the decision of the Ministry of Foreign Affairs, the Ministry of Reintegration, the Secretariat of the Cabinet of Ministers of Ukraine or bodies managing state property that supports the activities of the President of Ukraine, the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine on approving the list of such institutions.

1.3. The Unified List contains the following information about the company or institution submitting the lists:

• full name of the company;
• code according to the EDRPOU;
• surname, name, patronymic (if any) of the head of the state enterprise.

2. E-reservation procedure

2.1. The head of a state body, enterprise, institution (included in the Unified List) or a person authorized by him/her through the Diia Portal shall form free-form lists after passing identification and authentication.

When forming a list from the Unified State Register of Conscripts, Persons Liable for Military Service and Reservists (hereinafter referred to as the “Register of Persons Liable for Military Service”), through electronic information interactions there is obtained information on:

• the total number of persons liable for military service in a state body, enterprise or institution;
• the total number of persons liable for military service in a state body, enterprise, or institution that has been granted a deferment and transferred to a special military record.

The head of a state body, enterprise, institution or a person authorized by him/her may submit an application in electronic form through the Diia Portal and receive information about persons liable for military service who have been granted a deferment and who have been transferred to a special military record held in the Register of Persons Liable for Military Service.

The list contains information about:

- state body, enterprise, institution, namely:

• full name and location;
• code according to the EDRPOU;

and

- and person liable for military service, in particular:

• last name, first name, patronymic (if any);
• taxpayer registration number or serial number (if any) and passport number of a citizen of Ukraine;
• the term of the deferment.

Formation of the list by means of the Diia Portal shall be completed by imposing a qualified electronic signature or an advanced electronic signature of the head of a state body, enterprise, institution or a person authorized by him/her.

2.2. The formed list is checked by means of the Register of Persons liable for military service in order to verify the presence of a person in the said Register. In case of a positive result of the check by means of the Register of Persons liable for military service, the person liable for military service is automatically transferred to a special military record for the period of validity of the deferment.

From the moment a person liable for military service is transferred to a special military record, he or she is considered to be reserved and granted a deferment. Information about the deferment is reflected in the military registration document in electronic form.

A person liable for military service is not subject to reservation, and the head of a state body, enterprise or institution is notified of this via the Diia Portal, in case of:

• absence of information about the person liable for military service in the Register of Persons Liable for Military Service;
• absence in the Register of Persons Liable for Military Service of information that the person liable for military service is in an employment relationship with a state body, enterprise or institution.

2.3. At the request of an employee in electronic form, submitted by means of the Diia Portal, an extract on the reservation of a person liable for military service may be generated, which is a document confirming the granting of a deferment to a person liable for military service. Such an extract is generated and sent by means of the Diia Portal to the user's electronic cabinet. The extract must contain a unique electronic identifier (QR code), which is generated automatically and can be read to verify the data in the Register of Persons Liable for Military Service.

As a separate aspect, it should be noted that the submission of the list, and the booking procedure in general, is carried out through the Diia Portal if technically possible, i.e. submission of lists for booking in paper and/or electronic form remains possible.

II. Amendments to the Resolution of the Cabinet of Ministers of Ukraine No. 76 dated 27 January 2023 on the Procedure for Reservation of Persons Liable for Military Service during Martial Law

Resolution No. 650 also provides for amendments to the Procedure for Reservation of Persons Liable for Military Service during Martial Law, including, in particular, the following:

1. The maximum periods of deferment have been changed, namely, they can no longer exceed:
   • the term of the contract (agreement) for the supply of goods, performance of works and provision of services necessary to meet the needs of the Armed Forces and other military formations – for persons liable for military service who work or are employed at enterprises, institutions and organizations that are critical to ensure the needs of the Armed Forces and other military formations during a special period;
   • 12 months – for persons liable for military service who work or serve at enterprises, institutions and organizations that are critically important for the functioning of the economy and ensuring the livelihood of the population during a special period;
   • the term of the agreement (contract) or the term for which they were elected (appointed) –

for persons liable for military service who work or serve in specialized United Nations institutions, international judicial bodies, international and non-governmental organizations and institutions of which Ukraine is a member, participant or observer, in accordance with the international agreements concluded by Ukraine.

For persons liable for military service who work or serve in public authorities, other state bodies, and local self-government bodies, the maximum period of deferment remains limited to the duration of mobilization.

In addition, all of the above categories of persons liable for military service are now subject to reservation regardless of military rank, age, or military speciality.

2. State bodies, local self-government bodies, enterprises, institutions and organizations that are (i) critically important for ensuring the needs of the Armed Forces, other military formations during a special period, or (ii) critically important for the functioning of the economy and ensuring the livelihood of the population during a special period, no later than the next day after the employee is hired, transferred from one structural unit to another or transferred to another permanent position or job, dismissed, reinstated, temporarily termination/resumption of the labor agreement, submit to the Pension Fund of Ukraine the relevant information through the web portal of electronic services of the Pension Fund of Ukraine.

3. The list of enterprises, institutions and organizations, which are not subject to the limitation on the number of persons liable for military service subject to reservation, has been expanded; from now on, these include:
   • specialized United Nations institutions, international judicial bodies, international and non-governmental organizations and institutions of which Ukraine is a member, participant or observer, in accordance with the international agreements concluded by Ukraine;
   • enterprises, institutions and organizations that ensure the provision of services and performance of operations and comprehensive maintenance of the property of state authorities and local self-government bodies, as well as maintain and service objects that are part of the state system of emergency control points that are critically important for the functioning of the national economy and ensuring the livelihood of the population in a special period;
   • institutions and organizations that include full-time national teams of Olympic, non-Olympic sports and sports for persons with disabilities, the list of which is approved by the Ministry of Youth and Sports of Ukraine.

4. In the justification, in addition to the information on the correspondence of the registration data of the persons liable for military service specified in the list with their military registration documents, there also should be indicated information on the clarification of the data by them regarding their stay on the military registration in accordance with clause 2 of section II "Final and transitional provisions" of the Law of Ukraine dated 11 April 2024 No. 3633-IX "On Amendments to Certain Legislative Acts of Ukraine Regarding Certain Issues of Military Service, Mobilization, and Military Record."
5. From now on, along with the enrollment of a person liable for military service on a special record, the territorial centres of recruitment and social support shall enter information about the deferment into the Unified State Register of Conscripts, Persons Liable for Military Service and Reservists.
6. In the event of a change in the position of a person liable for military service, state authorities, other state authorities, local self-government bodies, enterprises, institutions and organizations shall, within three days, send a notice of such changes to territorial centre of recruitment and social support where the person liable for military service is registered. In this case, the extract issued for the previous position is withdrawn from the person liable for military service and sent together with the notification, and the extract for the new position is issued to the person liable for military service.
7. The list of grounds for canceling the deferment has been expanded. In particular, such grounds now include:
   • temporary termination of the labor agreement between a person liable for military service and an enterprise
   • a reasoned submission from the head of a public authority, other state body, local self-government body, enterprise, institution or organization
   • granting a deferment for other reasons specified in Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization”
   • termination of an agreement (contract) or expiration of the term of appointment - for employees of specialized United Nations institutions, international judicial bodies, international and non-governmental organizations and institutions of which Ukraine is a member, participant or observer, in accordance with the international agreements concluded by Ukraine.

In addition, the previously provided ground - dismissal of a person liable for military service from a public authority, other state body, local self-government body, enterprise, institution or organization - has been clarified by adding an exception, which is the case of “dismissal from a position with subsequent appointment to another position within the same public authority, other state body, local self-government body, enterprise, institution or organization”.

III. Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated 27 January 2023 No. 76 regarding the Criteria and procedure for determining enterprises, institutions and organizations that are critically important

1. The list of enterprises, institutions and organizations that can be considered critically important for the functioning of the economy and ensuring the livelihood of the population in a special period has been expanded, namely, the latter now includes also:
   • the research service of the Verkhovna Rada of Ukraine, as well as enterprises, institutions and organizations that are in the sphere of management of bodies that manage state property, which ensures the activities of the President of Ukraine, the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine, respectively, according to the lists approved by the relevant management bodies;
   • enterprises in the field of prosthetics and orthopedics, determined by the Ministry of Social Policy of Ukraine as critically important for the functioning of the economy in a special period in the field of social protection of the population, which directly perform prosthetics/orthotics;
   • the Ukrainian Red Cross Society, other Ukrainian non-governmental organizations that implement humanitarian projects at the expense of international partners, according to the list approved by the Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine.

2. There has been supplemeted the list of enterprises, institutions and organizations that can be recognized as critically important for the functioning of the economy and ensuring the livelihood of the population in a special period only if two (or more) criteria (according to which enterprises, institutions and organizations that are critically important for the functioning of the economy are determined) are met. Now this provision applies to enterprises, institutions and organizations that carry out international transportation of passengers and/or goods, transportation of passengers on public bus routes and/or goods, and carriers of urban electric transport.
3. It is established which enterprises, institutions and organizations can be identified as critically important for ensuring the needs of the Armed Forces and other military formations. Such enterprises may be:
   • enterprises, institutions and organizations engaged in the production of goods, performance of works and provision of services on a paid and/or free of charge basis necessary to meet the needs of the Armed Forces, included in the list approved by the Ministry of Defence;
   • enterprises engaged in the production of goods, performance of works and provision of services necessary to meet the needs of military formations (other than the Armed Forces) established in accordance with the laws of Ukraine, included in the lists approved by the central executive authorities that manage these military formations, the Security Service of Ukraine, in whose interests they produce goods, perform works, provide services;

To be recognized as critical on this basis, an enterprise, institution or organization must:

• produce goods, perform works and provide services necessary to meet the needs of military formations (except for the Armed Forces) established in accordance with the laws of Ukraine;
• be included in the lists approved by the central executive authorities that manage these military formations, the Security Service of Ukraine, in whose interests they produce goods, perform works, provide services;
• legal entities of private law, whose constituent documents define charitable activities in one or more areas defined by the Law of Ukraine dated 5 July 2012 No. 5073- УІ “On Charitable Activities and Charitable Organizations”, which produce/purchase goods, perform works and provide services necessary to meet the needs of the Armed Forces and other military formations included in the list approved by the Ministry of Defence of Ukraine;

To be recognized as critical on this basis, an enterprise must:

• produce/purchase goods, perform works and provide services necessary to meet the needs of the Armed Forces and other military formations and meet the criteria set by the Ministry of Defence;
• be included in the list approved by the Ministry of Defence of Ukraine;
• enterprises, institutions and organizations that provide training, retraining and advanced training of external pilots (operators) of unmanned robotic systems and external crews of unmanned robotic systems, enterprises, institutions and organizations that provide training, retraining and advanced training in electronic warfare in the interests of the security and defence forces of Ukraine, enterprises, institutions and organizations that provide training, retraining and advanced training in tactical medicine in the interests of the security and defence forces of Ukraine, the criteria for which are determined by the order of the Ministry of Defence of Ukraine.

By Yuna Potomkina and Anton Sintsov, Counsels, Asters