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31 Jan. 2024


Electronic summonses and restrictions for military service evaders: what the new draft law on mobilisation in Ukraine says



Electronic summonses and restrictions for military service evaders: what the new draft law on mobilisation in Ukraine says

The newly revised draft law on mobilization has been submitted to parliament. It is now to be considered by committees and then passed in two readings. Find out what new provisions appeared in the document

Legal advice for Ukrainians
Legal advice for Ukrainians

After the parliament refused to vote for the previous draft law on mobilisation, the Cabinet of Ministers of Ukraine prepared a new version of the document. It has already been submitted to the Verkhovna Rada. Here's what the government is proposing.

As explained by the Ministry of Defence, this draft law defines transparent rules for the mobilisation process, as well as the necessary regulation of the rights of servicemen and women liable for military service.

Immediately after the parliament refused to vote for the first version of the document, Defence Minister Rustem Umerov said that the ministry had already prepared an updated document. He then said that it would take into account all the proposals agreed with MPs at meetings of the parliamentary committee on national security, defence and intelligence.

At the same time, the main idea of the draft law - to give rest to all those who are currently on the frontline - has not been changed.

It is worth noting that before the draft law can be considered by MPs, it must pass several committees. The document is also adopted in two readings in parliament. It is therefore unclear how long it will take to implement the new mobilisation rules. However, some MPs believe that this could happen in early spring.

Key provisions of the updated draft law

- A clear term of service for the period of martial law is defined;

- people with disabilities of all groups are exempt from military service;

- volunteers for mobilisation have a 2-month deferral to resolve personal issues and prepare for mobilisation;

- annual basic leave during martial law is granted, which may be granted in instalments during the calendar year. It is not less than 15 calendar days;

- mobilised persons undergo compulsory military training for a period of 2-3 months;

- Conscript service is cancelled. Basic military training is introduced instead. Persons aged 18-24 choose when to undergo it;

- a person will not need to go to a territorial recruitment centre to update their data. This can be done online;

- people can move between cities without the permission of the territorial recruitment centre;

- a salary of at least UAH 20,000 per month. Additional remuneration will be from UAH 30,000 to 100,000.

- The conscription age will be reduced from 27 to 25 years.

Restrictions for evaders

The document does contain some mitigations, in particular, with regard to restrictions on evaders.

Now, it is proposed to impose restrictions on tax evaders through the courts, while in the original version of the document they could be imposed by the TAC (Territorial acquisition centre). What kind of restrictions are we talking about?

- temporary restriction on the right to travel outside Ukraine;

- temporary restriction of an individual's right to drive a vehicle;

- seizure of funds and other valuables of an individual held in accounts and deposited with banks or other financial institutions, non-bank payment service providers, or electronic money held in electronic wallets with electronic money issuers, or in securities accounts with depository institutions.

The court will consider the claim of the military registration and enlistment office within 15 days, and the appeal against the refusal to open the case will be accepted within 10 days. If the parties fail to appear in court, the case will be considered in writing.

It should be noted that the restrictions will be imposed for the period until the person complies with the requirements of the military enlistment office.

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Electronic summonses

The updated document stipulates that calls will also be sent to the conscript's electronic account. And citizens, in turn, will be obliged to

- register an electronic account of a conscript liable for military service;

- undergo a medical examination to determine their fitness for service in accordance with the decision of the Medical Qualification Commission.

Who is entitled to a deferment?

The new draft law on enhanced mobilisation proposes to retain the general rules for granting deferment during mobilisation, but it does provide for certain changes, in particular

- Citizens who served in the military during the legal regime of martial law and were discharged from the reserve due to the expiration of their military service, in particular those who served 36 months (the duration of the deferment will be determined by the Supreme Commander-in-Chief);

- citizens who were discharged from military service after returning from captivity;

- conscripts discharged from service during martial law (the deferral is valid for six months);

- students of vocational (vocational-technical), professional higher education and higher education who are studying in full-time or dual forms of education, as well as those who are obtaining a level of education higher than the previously obtained one without taking into account the speciality (interns, doctoral students).

- Those who have been reserved from service in accordance with the law;

- Persons with disabilities and those who are declared unfit for service in accordance with the conclusion of the Military Qualification Commission;

- persons liable for military service who have three or more dependent children (provided that there are no alimony arrears);

- persons liable for military service who are raising a child on their own;

- persons liable for military service who are raising a disabled child or a child with a serious illness;

- Adoptive parents and guardians who have orphans on their care;

- persons engaged in permanent care of a sick wife (husband), child, or their parents or other close relative;

- scientific and scientific-pedagogical employees of higher and professional higher education institutions, scientific institutions;

- persons liable for military service, whose close relatives were killed or went missing while repelling Russian aggression since 2014.

Other changes

Until a full-fledged document is presented to the public, it is difficult to say how much the draft law differs from the previous one. However, it is already known that the updated document excludes the provision for deferral for men whose wives or parents have disability I or II.

The MPs also noted that the new draft law contains a clause on the seizure of vehicles and restrictions on their use. It is not an extensive list of vehicles, but it includes such types of vehicles as tractors, construction vehicles and agricultural machinery.

We remind you! In Ukraine, there are three ways to choose a military unit, subdivision and speciality for military service. Read here to find out how to join a particular branch of the military and what documents are required.

Photo: General Staff of the Armed Forces of Ukraine

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