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The mobilization law has been adopted. A brief summary of the main innovations

11 Apr, 2024
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The mobilization law has been adopted. A brief summary of the main innovations

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The major draft law on mobilization in Ukraine has been adopted in the second reading. Members of Parliament quickly passed amendments and approved it in the committee version.

Without demobilization, but with grounds for dismissal

The proposal for the demobilization of servicemen after 36 months of service and for rotation was included in the government version. However, at the request of the Chief of the General Staff of the Armed Forces of Ukraine, Oleksandr Syrskyi, it was removed. As explained by Ministry of Defense representative Dmytro Lazutkin, there were "requests from the General Staff considering the operational situation on the front lines." With Russia advancing on multiple fronts, it is essential not to weaken the Defense Forces. Within 8 months, a separate law regulating rotation and mobilization issues should be introduced.

Today, demobilization was definitively removed from the draft law before the final vote. Although the amendment to exclude it was on the verge of failure, as it was supported by 227 votes (with a minimum required of 226).

However, former prisoners of war (if they were involuntarily taken prisoner), disabled soldiers, generals (at the discretion of military leadership), contract soldiers whose contract term has expired, as well as soldiers appointed as judges or elected as members of parliament, will be able to be discharged from military service.

Soldiers with disabilities of all groups also have the right to be discharged. However, by the end of 2024, all men aged 25-55, who were classified as disabled II and III groups after February 24, 2022, must undergo a re-examination for fitness for service. This does not apply to those who became disabled II and III groups due to illness or injury during the defense of Ukraine.

Women will be able to be discharged due to pregnancy or childcare leave, parents of multiple children, single parents, and other categories.

Mobilization rules: visit the Territorial Recruitment Centers (TRC) without summons, have military ID, and e-cabinet

After the law comes into force, within 60 days, all conscripts must visit their Territorial Recruitment Centers (TRC) to clarify their registration data. This can also be done remotely through an electronic cabinet.

It is worth noting that the law removed the provision for mandatory registration in the e-cabinet, as well as any mention of summonses that were supposed to be sent through them. The electronic cabinet remains a right, not an obligation.

At the same time, when updating data, Ukrainians must inform the TRC of all personal information, including phone number and email address. There may be further changes to the notification procedure in the future.

All conscripted Ukrainians must carry their military ID or temporary certificate and present it upon request to a military enlistment office representative. Currently, documents can be checked by police officers.

People with disabilities (for service under contract) will be able to mobilize if they wish, as well as those released from captivity and youth under 25 after basic military training or service.

Conscription in a New Light: What Will Replace Mandatory Military Service

The law abolishes conscription and introduces a basic military training for Ukrainians aged 18-25. They will be able to choose the year and period of service until they turn 24.

The duration will be up to five months in peacetime and up to three months in wartime. Specifically, in peacetime: up to three months of basic military training and up to two months of professional training. In wartime: at least one month of basic training and up to two months of professional training.

Basic military training will be introduced in all higher education institutions of all ownership forms starting from 2025, and not only for boys but also on a voluntary basis for girls. After training, a military specialization will be assigned, and individuals will be registered as military conscripts.

Expansion of Powers for Territorial Recruitment Centers and Punishment for Draft Dodgers

Upon the request of the head of the Territorial Recruitment Center (TRC), the police will conduct administrative detention of military conscripts who fail to appear at the military enlistment office in response to the draft notice. Previously, the police could detain those who had already been protocolled at the TRC for up to three hours.

If the police are unable to locate the conscript, the TRC head sends them a demand to appear by registered mail. If this is ignored, procedures for sanctions against the draft dodger are initiated.

However, the law removed the provision for the arrest of accounts and the ban on traveling abroad. But a temporary ban on driving remains in place.

It is envisaged that if the draft dodger does not appear at the TRC within 10 days (after receiving the letter), the military enlistment office will ask the court to suspend their driver's license. This restriction will remain in effect until they appear at the TRC or the withdrawal of such a requirement.

However, not all draft dodgers are subject to this measure. The court will refuse the military enlistment office if:

  • the restriction deprives the person of means of subsistence,
  • the vehicle is used due to disability (or is supported by a person with disabilities of groups I, II, or a disabled child).

Bonuses for Military Personnel and Motivational Package

The law includes a so-called motivational package. In particular, mobilized individuals will be compensated 50% of the first mortgage payment. They will also receive payments of 100,000 hryvnias after the first and second year of service. The procedure and conditions will be determined by the Cabinet of Ministers.

The main annual leave will be provided in parts throughout the calendar year (the main uninterrupted part should be at least 15 days). In addition, spouses of military personnel will be exempt from interest on loans, fines, and penalties (except for loans for cars and housing). Assistance in purchasing a car is also promised. Thus, within three months after signing the first contract, a military person will receive a certificate for a car worth 150,000 hryvnias.

At the legislative level, counting one month as three months of service is provided if a person serves directly on the front line. Additionally, there will be an extra 90-day leave for those released from captivity and a payment of 15 million hryvnias for a deceased military person. A reward ranging from 11,500 to 870,000 hryvnias will be established for destroyed or trophy equipment.

It should be noted that volunteer mobilized individuals will also receive a two-month "grace period" before being sent to training centers to complete their civilian affairs.

Who is Eligible for Mobilization Deferment

Deferment remains for reservists, disabled individuals, those temporarily unfit for service due to health reasons (for a period of 6-12 months), parents with multiple children (excluding those in arrears for child support), single parents, parents and guardians of disabled children, orphans under 18 years old, as well as those permanently caring for a spouse, child, father, or mother.

The circle of individuals eligible to apply for permanent care has been significantly limited. Now, only first-degree family members (husband, children, etc.) are allowed to apply for care and receive deferment. If there are no immediate relatives, care can be provided by second-degree family members.

As before, deferment is granted to ministry officials, members of parliament, judges, diplomats, and other civil servants.

Students in full-time or dual forms of education are not subject to mobilization. The main condition is that the level of education must be higher than previously obtained. This category also includes doctoral students and individuals enrolled in internships. The Cabinet of Ministers proposed denying deferment to contract graduate students, but this provision was removed from the law.

Those whose close relatives died or disappeared while performing tasks in the ATO or during full-scale Russian aggression are also exempt from mobilization. Or those who posthumously received the title of Hero of Ukraine for heroism during the Revolution of Dignity.

Changes to Booking Rules

A position as a civil servant no longer guarantees exemption from mobilization. Guaranteed booking will be provided to top officials of category "A", heads of regional and district councils, village, town, and city mayors.

Officials of category "B" and local self-government bodies will be booked based on no more than 50% of the number of military conscripts. Interestingly, starting from 2025, one can only be employed in the civil service after basic military training.

Booking applies to employees of state authorities, other state bodies (including NABU, National Police, prosecution service, SES, and others), enterprises, and organizations critically important for the Armed Forces of Ukraine, the economy, and the livelihoods of the population.

The key change is the possibility of booking ultimate beneficiaries of critical enterprises who are not employees. Presumably, changes are also expected for employees of such enterprises themselves. The law assigns the Cabinet of Ministers to prepare a new resolution on the procedure for booking. Prime Minister Denys Shmyhal recently announced that the decision will be "fair."

The Odessa Journal

The Odessa Journal

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