Yesterday, the Cabinet of Ministers submitted a new draft law on mobilization to the Verkhovna Rada. The Ministry of Defense reported that comments and observations to the mobilization draft law were taken into account together with the General Staff of the Armed Forces, the government and MPs.
The Ministry of Defense claims that the new draft law defines "transparent rules of the mobilization process" and the necessary regulation of the rights of servicemen and conscripts.
Some innovations according to this version of the document:
- change of the conscription age from 27 to 25 years;
- the term of service for the period of martial law is defined: continuous service for 36 months. The dismissal of such servicemen will be determined by the decision of the Supreme Commander-in-Chief's Staff;
- people with disabilities of all groups are exempt from military service;
- review of men aged 25 to 55 who, after February 24, 2022, were diagnosed with disabilities of groups II and III by the end of 2024 for being unfit for military service. This does not apply to men with disabilities of groups II and III who were ill or injured while defending the homeland;
- volunteers under mobilization have a delay of 2 months to resolve personal issues and prepare for mobilization;
- annual basic leave during martial law during a calendar year may be granted in parts (at least 15 calendar days);
- servicemen released from captivity will receive an additional 90 days of leave with pay if they decide to continue their service;
- a person will not have to go to a territorial recruitment center to update his or her data. This can be done online in a personal account or at the Center for the Provision of Administrative Services, and an electronic register will be created on the basis of the register of conscripts "Oberig";
- it is possible to move to other cities without the permission of the TCC, but after moving, it will be necessary to register at the new address;
- at the request of the TCC, SBU or intelligence agencies, police bodies and units participate in the implementation of measures to notify conscripts and reservists together with representatives of the TCC, as well as carry out administrative detention and delivery to these centers and bodies of conscripts, persons liable for military service and reservists who have committed administrative offenses regarding violation of the rules of registration, failure to appear at the TCC, late submission of information on changes of place of residence, education, work to the registration authority,
- "introduction of influence measures" against citizens who do not fulfill their obligations for mobilization training and mobilization, establishment of a procedure for issuing court decisions and their enforcement;
- after mobilization, all citizens undergo mandatory military training for 2-3 months, a person cannot be sent to the front immediately after mobilization;
- conscript service is canceled and basic military training is introduced instead. A person aged 18-24 can choose when to undergo military training, and the training itself takes a maximum of five months, with the person retaining his or her job, which is not the case in current legislation;
- students of professional (vocational), professional higher and higher education who are studying full-time or dual forms of education and obtaining a level of education higher than the one previously obtained without regard to their specialty (profession), interns and doctoral students, as well as teaching staff of professional higher education institutions are not subject to conscription during mobilization for a special period. Except for postgraduate students who receive their education at the expense of individuals or legal entities under a contract;
- the right to postpone conscription is excluded for civil servants: employees of the Economic Security Bureau, the State Bureau of Investigation, and the State Executive Service;
- Employees of the National Police, the State Bureau of Investigation, the NABU, the Prosecutor's Office, the Economic Security Bureau, Court Security Service and the Patronage Service will no longer have a deferment;
- civil servants will be reserved "like everyone else": categories "B" and "C" - 50% of conscripts in a particular body will be reserved;
- heads of city and village councils and territorial communities retain the reservation. Conscripts who work in local self-government bodies - 50% of the persons liable for military service are reserved;
- financial support - at least UAH 20,000 per month, excluding additional remuneration, which for the period of martial law ranges from UAH 30,000 to 100,000;
- consular actions in foreign diplomatic institutions of Ukraine under martial law at the request of men, Ukrainian citizens aged 18 to 60 who are conscripts, persons liable for military service or reservists, are carried out if the said persons have military registration documents.
Citizens of Ukraine aged 18 to 60 will be required to carry a military ID and present it at the request of a representative of the TCC or the police. When checking the documents, a representative of the TCC or a police officer may take photos and videos of the process and use technical devices with access to the Unified Register of Conscripts.
The text also contains norms on military registration of women. As stated in the document, mobilization is subject to:
- women who have a medical or pharmaceutical specialty are eligible for mobilization - they are subject to military registration,
- women who have a specialty or profession related to the military registration - they can be registered at will.
Women on military registration can be drafted or engaged for defense work in wartime on a voluntary basis.
It is also proposed to include previously convicted persons in the category of those subject to mobilization. According to the text, registration with the TCC is subject to "those who arrived after serving a sentence for a minor crime from penitentiary institutions or a serious (especially serious) crime, if they were not previously on military registration."
The draft law also proposes to enlist those serving a valid suspended sentence, but only at their request. The last point does not apply to those convicted of crimes against the foundations of Ukraine's national security who are serving a suspended sentence.
The Cabinet of Ministers has also introduced a provision on the involvement of conscripts in reporting to the police. Police officers will also be given the right to administratively detain and bring evaders to the TCC.
Citizens who have been removed from military registration in Ukraine and went abroad must register abroad within 30 days after the Cabinet of Ministers adopts the relevant resolution. In this case, the "registered" citizens will have the right "to enter and leave Ukraine without hindrance."
According to the draft law, the following will not be subject to conscription:
- Those reserved for state authorities, other authorities, local self-government, enterprises and organizations.
- Students who receive education higher than the one they previously received (those who entered a technical school after high school, a university after high school or technical school, as well as postgraduate students, doctoral students and persons enrolled in internships). This means that the deferral of mobilization for those who are pursuing another higher education is canceled. Postgraduate students on contract were also removed from the exceptions.
- Scientific and scientific-pedagogical employees who work at least 0.75% of the rate.
- Persons "recognized as persons with disabilities", persons who, according to the conclusion of the MMC, are temporarily unfit for service for a period of 6 to 12 months (with further re-examination by the MMC).
- Women and men with three or more dependent children.
- Women and men who have children under the age of 18, if the other parent has died, been deprived of parental rights or is missing.
- Guardians of children with various disorders and diseases, guardians of children with disabilities of the 1st and 2nd groups. Adopters of children under 18 years of age.
- Caring for a sick wife (husband), child, or their parents who, according to the conclusion of a health care institution, need constant care (the provision on caring for the wife's/husband's parents has disappeared in this paragraph).
- Guardians of persons recognized as incapacitated in court.
- Family members of the first degree of kinship (no more than one) of a person with a disability of the 1st group who are engaged in the permanent care of the person, if there are no other persons who can provide such care.
- Family members of the first degree of kinship of a person with a disability of the 2nd group who are engaged in permanent care for him/her, if there are no other persons who can provide such care.
- Women and men who have children under the age of 18 and a spouse who is in military service.
- Heads of ministries, deputies, heads of state bodies.
- Members of Parliament.
- Judges, members of the Supreme Council of Justice, the HQCJ.
- Employees of military authorities.
- Persons whose close relatives were killed or went missing in Luhansk and Donetsk regions during martial law and the ATO.
