The Government of Ukraine introduced draft law No.10449 to the Parliament, aiming to improve certain issues of mobilization, military records and military service. The published version of the draft law is not final, however, as of now, the Government is proposing the following changes to the current legislation.
1. Call-up notice: service, details, excused absence
A call-up notice to appear before the military office may be served:
- in person against the signature
- via the electronic account of a conscript, person liable for military service or reservist
A call-up notice must include the following information:
- full name and date of birth of a recipient
- the name of the military office that issued a call-up notice
- the purpose of the call to the military office
- place, day and time of arrival
- wet signature or electronic signature of an official who issued a call-up notice
- registration number of a call-up notice
- explanation of the consequences of non-appearance and the obligation to report the reasons for non-arrival
Justifiable reasons for non-arrival under a call-up notice cover the following events:
- natural disaster, illness of a person, actions of the aggressor country or other circumstances that made it impossible to arrive in person at the specified place and time
- death of a close relative (parents, spouse, child, siblings, grandparents) or a close relative of a spouse
2. Deferment from mobilization
The draft law clarifies the rules on the right to deferment for certain categories of individuals, in particular the following:
- persons temporarily unfit for military service due to health reasons for a period of 6-12 months (with subsequent medical examination by a military medical commission)
- 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) died, was deprived of parental rights, declared missing or dead
- persons engaged in permanent care after a sick wife (husband), child, or their parents who, according to a medical certificate of a medical and social expert commission or a medical advisory commission of a healthcare institution, require permanent care
- a guardian of a person declared incapacitated by a court
- persons having a family member of the first degree of kinship (i.e., parents of the husband/wife, a spouse, children, including adopted children) as person with a disability of group I and taking permanent care after him/her (not more than one person is eligible for deferment), as well as family members of the second degree of kinship (not more than one person is eligible for deferment and in the absence of family members of the first degree of kinship or their physical incapacity), confirmed in accordance with the procedure established by the Government
- persons having a member of the family of the first degree of kinship (i.e., parents of the husband/wife, a spouse, children, including adopted children) as a person with a disability of group II and taking permanent care after him/her (not more than one person is eligible for deferment), in the absence of other persons who can provide such permanent care, confirmed in accordance with the procedure established by the Government
- students for vocational (vocational-technical), professional pre-university and higher education studying full-time or under a dual form of education and obtaining a level of education that is higher than the previously obtained level of education in the sequence specified in part two of Article 10 of the Law of Ukraine "On Education" (except for postgraduate students obtaining a level of education at the expense of individuals or legal entities on a contractual basis), as well as doctoral students and persons enrolled in internships. Students who have the right to deferment for the duration of their studies, in case of losing of this right after the enactment of the draft law, will not be eligible to military service till the end of the current academic year
- teaching staff of professional higher education institutions, provided that they work at such institutions as the principal place of job, not less than part-time at level 0,75
- persons who were discharged from military service (within two years) if they served during martial law and were discharged from service in the reserve due to the expiry of their service term
- persons liable for military service who served and were discharged from service in the reserve due to release from captivity
3. Reservation of persons liable for military service
It is proposed to amend the organization and procedure for reservation as follows:
- the quota for reserving civil servants of categories A and B is up to 50% of persons liable for military service, while for category A it remains 100%
- employees of the police, National Anti-corruption Bureau, State Bureau of Investigation, prosecutors, Economic Security Bureau, Service for Emergency Situations, court/justice systems, pre-trial investigation, patronage services may be reserved on general basis
- the ultimate beneficial owners of entities that are critical to the economy and the population may be reserved
- reserved individuals will be obliged to clarify their personal military data via the electronic account of a conscript, person liable for military service, reservist or at the military office at their place of residence or location.
4. Military duties
The updated list of military duties of conscripts, persons liable for military service and reservists may include certain new obligations, namely:
- register the electronic account of a conscript person liable for military service and reservist
- undergo medical examination to determine fitness to military service
- clarify military data within 60 days as of the date of the introduction of the mobilization / the day of publication of the new law
- in the event of a change of place of residence and registration as an internally displaced person, enroll to military records at the relevant military office within 7 days from the registration
- bear a military registration document and show it at the request of an authorized representative of the military office or a police officer
- for persons who voluntarily arrived at the military office and are referred to undergo training in connection with mobilization, arrive at the military office within 2 months from the day of passing the military-medical commission
- for those with limited fitness - to undergo a second medical examination within 9 months from the date of entry into force of this law
- men aged 25 to 55 diagnosed with disability of groups II and III (except for those who were diagnosed with disability of groups II and III as a result of diseases, wounds (traumas, contusions, mutilations) sustained in the course of defence of the country, as well as the absence of a limb due to amputation) after 24 February 2024, are subject to re-evaluation for fitness for military service by the end of 2024
In addition, the draft law clarifies that male citizens of Ukraine who turn 17 in the year of military registration and until they reach the age of 25 should be enrolled in military records of conscripts every year in January-March. Those who reach the age of 25 shall be included in the military records of persons liable for military service.
5. Measures of influence
If a person liable for military service or a reservist fails to perform military duties during mobilization, the head of the military office is authorized to send a demand to such individual in electronic form or by post within 5 days.
If a person does not voluntarily report to the relevant military office (or foreign diplomatic mission of Ukraine if a person is abroad) within 10 calendar days from the date of delivery of the demand, the military office is entitled to apply to the court in order to impose on such individual temporary restrictions, which may include the following:
- temporary restriction on the right to travel abroad
- temporary restriction of the right to drive a car
- seizure of funds and other valuables in bank accounts or other financial institutions, non-bank payment service providers or electronic money
These restrictions may be in effect until the duties under the demand of the military office are properly performed.
6. Procedure to apply to court
The draft law proposes the following procedure for consideration by the administrative court of the application of a military office for enforcement measures:
- the proceedings are conducted on the basis of a written application of the military office, which is submitted to the court of the first instance within 5 days from the date of establishing the circumstances of non-compliance with the military office's demand
- consideration of the application takes place as a court hearing with notification of the parties. In case of non-appearance of the parties, the court considers the application in written proceedings
- the court shall deliver a judgment no later than 15 days from the date of commencement of the proceedings
- court judgments are subject to immediate enforcement
- appeals against judgments may be filed within 15 days from the date of their pronouncement, and for persons who did not participate in the case - within 15 days from the date of receipt of the full text of a judgment
- filing an appeal against a court judgment does not prevent its execution
- the court of appeal shall consider the case within 15 days from the date of opening the appeal proceedings
7. Travelling abroad
When crossing the border, male citizens of Ukraine aged 18 to 60 (except for diplomats and their families) will be obliged to show their military documents with a mark of enrollment to military records or exclusion from such.
In addition, the right of a citizen of Ukraine to leave Ukraine may be temporarily restricted in cases of martial law in Ukraine or its certain areas.
8. Persons liable for military service abroad
The performance of consular actions in foreign diplomatic institutions of Ukraine during martial law at the application of male citizens of Ukraine aged 18 to 60 is carried out on the condition that they have military documents.
The domestic and international passports of Ukrainian citizen may be issued outside of Ukraine for male persons aged 18 to 60 on the condition that they have military documents.
9. Military transport duty
The draft law proposes that relevant state authorities submit to the military office information on registered vehicles, watercraft, tractors, self-propelled chassis, self-propelled agricultural, road construction machines, agricultural machinery that may be useful for purposes of Armed Forces during a special period.
As of the moment of the introduction of general mobilization, it is prohibited to carry out any actions (in particular, moving to other regions or outside the territory of Ukraine, transfer of ownership, rent (leasing), pledge) with vehicles intended for useful for purposes of Armed Forces during a special period and registered with military offices (except for those that have already been transferred as of the date of publication of the new law).
10. Basic military training and service
The draft law introduces the concept of basic general military training (as a separate academic discipline), which is taught in professional higher and higher education institutions of all forms of ownership, military educational institutions, and is also conducted by training centers of the Armed Forces of Ukraine, etc. Basic general military training will be compulsory for men and voluntary for women. NGOs and associations, including war veterans' associations, will be involved in conducting such training.
In addition, the concept of regular military service is being replaced by basic military service. Such military service can be performed by persons under the age of 25, who can choose the year and period of their service - in peacetime the service will last up to 5 months, and during martial law - up to 3 months.
11. Social and other guarantees of servicemen
The draft law also proposes the following:
- provision of 90-day paid leave to servicemen after their release from captivity
- establishment of the right to resign from military service during martial law after release from captivity, upon election as a parliamentarian, in case of a disability of the I or II group, as well as in connection with the end of the term of service - in the case of continuous service for 36 months during the martial law
- granting the right to military service during mobilization to individuals convicted to serve a sentence with probation (except for those convicted of military crimes and crimes against the foundations of national security).
By Yuna Potomkina and Anton Sintsov, Counsels, Asters