New mobilization rules may soon come into force. According to the new draft law, the list of persons who are entitled to deferment from conscription will be reduced. Find out who exactly will not be able to be mobilized under the new rules

Legal advice for Ukrainians

BUY

Soon Ukraine intends to adopt an updated draft law on mobilisation, which will amend the law on conscription. In this regard, we understand who, according to the new bill, will be able to count on deferment.

The draft law on mobilisation with amendments from the government is already in the Verkhovna Rada of Ukraine and will soon be considered in the first reading. Looking into the document, it becomes clear that the government has decided to reduce the list of those who have the right to deferment from military service or to introduce conditions for obtaining such a right. 

Who will no longer be able to count on deferment?

Thus, the document proposes to cancel the deferment for persons who today still have the right to it, namely:

- those who have a wife (husband) from among persons with disabilities and/or one of their parents or parents of their wife (spouse) from among persons with disabilities of group I or II, provided that such persons with disabilities do not have other able-bodied persons obliged by law to support them;

- Employees of enterprises, institutions and organisations of the Ministry of Defence, AFU, State Special Transport Service, State Service for Special Communications and Information Protection of Ukraine, Security Service of Ukraine, The Foreign Intelligence Service of Ukraine, National Guard, State Border Guard Service, State Protection Department;

- employees of the National Police, Bureau of Economic Security, National Anti-Corruption Bureau, State Bureau of Investigation, State Executive Service of Ukraine.

It is also proposed to exclude from the number of persons who are not mobilised because their close relatives were killed or disappeared during the ATO/PLO or full-scale war those whose grandfathers, grandmothers, half-brothers or half-sisters were killed or disappeared. 

In addition, the Cabinet of Ministers proposes to cancel the deferment from conscription for civil servants. At the same time, the deferment for mayors, chairman of township councils and territorial communities will be preserved.

Who will be eligible for deferment?

It is worth noting that for some categories deferment will be granted with new conditions. The rules for granting deferment for categories of persons liable for military service will be changed:

- women and men, on whose maintenance there are three or more children under the age of 18 - deferment will be provided that they have no arrears of alimony payments, the aggregate amount of which exceeds the amount of payments for three months;

- women and men raising a child (children) under the age of 18 on their own - if the second parent of such a child (children) is dead, deprived of parental rights, declared missing or missing, or declared dead;

- adoptive parents - if they have dependent children who, at the time of adoption, were orphans or children deprived of parental care.

In addition, the changes will affect citizens who are engaged in permanent care for a sick wife (spouse), child, as well as their parents or their wife (spouse) who, according to the conclusion of the medical and social expert commission or medical advisory commission of a health care institution, need permanent care. The words "or wife (spouse)" will disappear in this norm. That is, deferment will not be granted to care for the parents of the wife/spouse of a person liable for military service.

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Also from mobilisation will be exempted:

- guardians of persons recognised by a court as incapable;

- family members of the first degree of kinship (within the limits of one), persons with group I disability engaged in permanent care for her, as well as family members of the second degree of kinship (within the limits of one and provided that there are no family members of the first degree of kinship or their physical insolvency), which is confirmed in accordance with the procedure established by the Cabinet of Ministers;

- family members of the first degree of kinship (not more than one) of a person with a disability of group II engaged in permanent care for her, in the absence of other persons who can provide such permanent care, which is confirmed in accordance with the procedure established by the Cabinet of Ministers.

Persons with disabilities of any group are still entitled to deferment. However, they may serve at their own will under a contract.

As for education seekers, some changes are also waiting for them. In particular, the right to deferment is granted to applicants for vocational (vocational-technical), vocational higher and higher education, who study full-time or dual forms of education and receive a level of education that is higher than the previously received level of education in this sequence.

At the same time, this sequence does not apply to postgraduate students who receive the level of education at the expense of individuals or legal entities under contract. Doctoral students and interns will also be eligible for deferment.

As for persons released from captivity, they can be mobilised only with their consent.

We remind you! The updated draft law on mobilisation in Ukraine states that summonses to the Territorial acquisition centre will be sent online. How such a mechanism will work and why there are already many questions to it, we examine here.

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