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New rules: Brief overview of comprehensive draft law on mobilization

New rules: Brief overview of comprehensive draft law on mobilization Mobilization rules in Ukraine set to change (photo: Getty Images)

A new draft law on mobilization in Ukraine was registered in the Verkhovna Rada late on the evening of December 25. Parliamentarians will now work on it, with the bill set to undergo consideration in committees and voting in two readings. The main innovations of the new draft law are summarized below.

The text of the draft law is currently available on the parliament's website and is under discussion. After the document is adopted, the law will come into force in a month, with some provisions taking effect sooner.

So, among the innovations of the new draft law:

  • change in draft age from 27 to 25 years,
  • military personnel post-captivity entitled to a 90-day leave,
  • involvement of service centers, including administrative service centers, employment centers, and recruiting centers, in recruiting activities,
  • basic military service for individuals aged 18 to 25,
  • introduction of basic military training as a separate discipline in the curricula of higher education institutions of all ownership forms.

Among the powers of rural, settlement, and city councils now include:

  • organization of conscription,
  • ensuring the conduct of personal-primary military registration of conscripts within the territory of populated areas,
  • notification and facilitation of the arrival of citizens mobilized to fulfill their duty regarding mobilization to assembly points and military units,
  • planning and conducting mobilization training, mobilization events, and demobilization within the territory of the respective populated areas.

Draft notices to be sent via email

In case of receiving a summons to the Territorial Recruitment and Social Support Centres, a citizen is obligated to appear at the specified location and time. The summons should include:

  • surname, first name, patronymic, and date of birth
  • name of the Territorial Recruitment and Social Support Centres that issued the summons
  • purpose of the summons
  • location, day, and time of appearance in response to the summons
  • signature (electronic digital signature) of the official who issued (generated) the summons
  • registration number of the summons
  • explanation of the consequences of non-appearance and the obligation to report the reasons for non-appearance.

Where and by whom draft notices can be served

  • in the premises of the Territorial Recruitment and Social Support Centres - representatives of Territorial Recruitment and Social Support Centres
  • at the place of residence - representatives of Territorial Recruitment and Social Support Centres or police officers
  • at work - representatives of Territorial Recruitment and Social Support Centres, the employer, or a police officer;
  • in public places - representatives of Territorial Recruitment and Social Support Centres or police officers.

!!! A summons to the ТЦК can be sent to a citizen through the electronic account of the draftee, conscript, or reservist or via email.

Valid reasons for non-appearance according to the summons are natural disasters, illness, or the death of a close relative.

During mobilization, Ukrainian citizens aged 18 to 60, who are on military registration or removed from it, are required to have their military registration document with them and present it upon request from a representative of Territorial Recruitment and Social Support Centres or a police officer. During document checks, the Territorial Recruitment and Social Support Centres representative or police officer may conduct photo and video recording and use equipment with access to the draft registry.

Deferment

The right to deferment is granted to, among others:

  • reserved individuals,
  • women and men with three or more children under the age of 18,
  • women and men who are single parents raising a child (or children) under the age of 18,
  • individuals with disabilities of the I or II group or those who have a spouse or parents with disabilities of the I or II group,
  • women and men who have a child (or children) under the age of 18 and a husband (wife) serving in the military,
  • women on maternity leave for up to 3 years (if necessary - up to 6 years),
  • pregnant women,
  • current members of parliament and deputies of the Verkhovna Rada of the Autonomous Republic of Crimea.

As for students, under the new draft law, students pursuing vocational (vocational-technical), specialized secondary, and higher education in full-time or dual forms of education, obtaining a level of education higher than the previously obtained in one specialty (profession), are exempt from conscription.

Discharge from service

During martial law, the contracted service for individuals aged 18 to 25 is one year.

Grounds for discharge from service for conscripted military personnel include:

  • release from captivity
  • election as a member of parliament or deputy of the Verkhovna Rada of the Autonomous Republic of Crimea
  • completion of the term of service - in case of continuous service during the martial law for 36 months.

Mobilized individuals are discharged from service, including in the following cases:

  • upon reaching the maximum age for military service,
  • due to health reasons,
  • based on the conclusion of the Medical Military Commission about the unsuitability for military service (possibly subject to review every 6-12 months),
  • in the presence of disability of the I or II group,
  • due to the legal force of a court verdict imposing a sentence of imprisonment or restriction of liberty,
  • due to family circumstances,
  • in connection with organizational measures in the intelligence agencies of Ukraine,
  • due to release from captivity,
  • due to staff reductions,
  • due to election as a Member of Parliament of Ukraine or a deputy of the Verkhovna Rada of the Autonomous Republic of Crimea,
  • due to the expiration of the term of service - in case of continuous service during martial law for 36 months.

Military registration and restrictions

The bill stipulates that a military registration document in electronic form will be created for each conscript, draftee, and reservist. Additionally, the provision stating that military registration is not maintained for Ukrainian citizens permanently residing abroad is excluded.

Furthermore, it will be required for conscripts, draftees, and reservists who leave their place of residence to register for military service at their new location within seven days from the date of enlistment in the military registration.

Another proposal is that individuals convicted of crimes, except those committing offenses against national security or crimes specified in Articles 401-414, 426-433, 436, 437-442 of the Criminal Code of Ukraine, may be called up for military service.

Ukrainians abroad

Consular services at Ukrainian diplomatic missions abroad for Ukrainian men aged 18 to 60 who are conscripts, military duty-bound, or reservists are provided upon presentation of military registration documents. The consulates verify the authenticity of these military registration documents. Exceptions include document processing for return to Ukraine, assistance for children, inheritance proceedings, services related to detained individuals, and situations where there is a threat to the life and health of the citizen.

During a state of war, the issuance of Ukrainian or foreign passports for Ukrainian male citizens aged 18 to 60 abroad is contingent upon the possession of military registration documents.

Restrictions for draft evaders

According to the proposals, draft dodgers will be included in the Unified Register of Debtors, and the following restrictions will be applied to them:

  • a ban on leaving the country,
  • prohibition on conducting transactions with movable and immovable property,
  • restrictions on the right to drive one's own vehicle and obtain a driver's license,
  • limitations on the right to use and dispose of funds and other assets,
  • refusal to enter into a credit agreement or loan agreement,
  • suspension of receiving benefits and services from the state.

These restrictions will be lifted upon notification from the head of the Territorial Recruitment and Social Support Centres regarding the exclusion of the conscript from the Unified Register of Debtors.