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Military registration, mobilization and military service in a new way: what to expect

08 February, 2024 Newsletters

The pressing need to bolster the mobilization reserve has prompted swift legislative action. Following significant public backlash, the initial draft law No. 10378 was withdrawn. On January 30, 2024, a revised version, draft law No. 10449 titled “On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilization, and Military Registration,” was officially registered.

This article aims to provide a brief overview of the proposed key changes. It is crucial to note that the fate and exact wording of these changes are uncertain. As of this material’s publication date, the Verkhovna Rada has endorsed the draft law in its first reading. However, there is a high likelihood that several provisions may undergo alterations before the law’s final version is established.

Key Highlights:

  • The conscription age is proposed to be reduced from 27 to 25 years, allowing mobilization from the age of 25 when an individual becomes liable for military service.
  • The concept of “limitedly fit” is set to be eliminated. Those previously designated as such must undergo a second medical examination within nine months of the law’s enactment to determine their fitness for military service.
  • Ukrainian citizens permanently residing abroad will now undergo military registration. Those deregistered for leaving Ukraine for over three months must register for military service within 30 days of the relevant Cabinet of Ministers resolution.
  • The shift from “registration of citizens to conscription offices” to “military registration of conscripts” is proposed.
  • The introduction of the concept of “recruit” and regulation of recruitment centers’ activities.
  • The abolishment of compulsory military service, with discharged servicemen and women not subject to call-up for two years after discharge.
  • A proposal to introduce basic military service for medically fit male citizens aged 18 to 24 and voluntarily for female citizens.

New Responsibilities for Citizens:

  • Mandatory registration of an electronic account for conscripts, those liable for military service, or reservists.
  • Carrying a military registration document, along with an identity document, for citizens aged 18 to 60 registered or removed from military service.
  • Updating military registration data within 60 days of the law’s publication for those registered for military service.
  • Registration for military service with the territorial centers of recruitment and social support for those liable or reservists who have changed their place of residence.
  • Re-evaluation of military service suitability for men aged 25 to 55 diagnosed with disabilities after February 24, 2024.

Subpoenas:

  • The list of entities authorized to serve summonses is expanded, excluding the police.
  • New details of summonses are established, including the purpose, place, and time of attendance, with valid reasons for non-appearance defined.
  • Valid delivery methods are defined, including in-person delivery or electronic cabinet submission.

Deferral:

  • Cancellation of deferral for specific categories, including employees of specified institutions and certain scientific and educational personnel.
  • Clarification of categories eligible for deferment, such as parents, adopters, and those caring for sick family members.

Measures of Influence:

  • Citizens may face restrictions on travel, driving, and seizure of funds for failure to fulfill mobilization duties.
  • Implementation requires a court decision at the request of territorial centers of recruitment and social support, with enforcement proceedings subject to court review within 15 days.

Military Personnel:

  • New grounds for dismissal during martial law, with proposals for additional leave for released captives.
  • Exemption from military service during mobilization for specific categories.

Responsibility:

  • Proposals to increase administrative and criminal liability for offenses related to military service.
  • Proposals to establish procedures for administrative liability.

It is essential to emphasize that the draft law No. 10449 is in the early stages of consideration, and its final form is yet to be determined.

The above commentary presents the general statement for information purposes only and as such may not be practically used in specific cases without professional advice.

Kind regards,

© WTS Consulting LLC, 2024

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