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Publication date: 08.02.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
No sooner had everyone calmed down after the bill from Bezuglaya, than Bill 10449, which is not much different from it, appeared. Which, to put it mildly, did not please everyone. And in this article I will give a brief overview of the changes that await us, if it is adopted in the version that is currently being discussed. Further the main points will be discussed in separate articles.
Electronic summonses and liability for failure to appear at the military enlistment office
Everyone wants to be obliged to register an electronic account of the person liable for military service and everyone wants to be obliged to report to the military enlistment office with or without a summons within 60 days after the adoption of such a law.
And if they do not show up, they propose to restrict the right to leave Ukraine, limit the right to drive and block all bank cards and bank accounts until the moment of appearance in the military enlistment office.
Arrest of cars and real estate is not expected yet. Huge fines are not expected either. But the above is quite enough.
Also those who left Ukraine will not be deprived of this obligation and responsibility for non-appearance.
At the same time, they want to prohibit the provision of services of consulates or embassies of Ukraine without presenting a military ID.
And they want to make it impossible to obtain a passport without a military ID.
From whom the deferment will be taken away
The deferment of disabled people of group 1, 2, and 3 remains, as well as those temporarily unfit for military service.
Take away completely and irrevocably deferment from mobilization for those who have a wife, a disabled person of group 3.
It will also be impossible to defer mobilization for those whose wife's parents are disabled of group 1 or 2 or need constant care.
It will not be possible to obtain deferment from mobilization to care for a relative not of the first degree of kinship, for example, a grandson for a grandmother, if the relative does not have a disability of group 1 or 2, but just has a certificate of the LCC that he needs constant care. Such deferrals will be canceled.
In general, it will be impossible to issue a deferment from mobilization to care for a disabled person of group 1 or 2 or someone who needs care who is not a relative.
Deferment of care for parents, children, wife, husband, who need constant care, remains unchanged. And everything also does not depend on the presence or absence of other relatives.
But for the care of a parent or husband, wife, disabled person of group 1 deferment will be more difficult to formalize. Now it will be obligatory to formalize care for them. They introduce the norm of 1 relative for 1 disabled person. And it can be only relatives of the 1st degree of kinship (children, parents, husband, wife). And if it is a relative of the 2nd degree of kinship (grandson, grandmother, grandfather, brother, sister), he will be able to formalize such a deferral only if there are no relatives of the 1st degree of kinship or they are physically unable to care for a disabled person. It is not clear how to prove that they are physically unable to care for the disabled person. Bill 10449 states that this will be determined by the CMU procedure, which no one knows anything about yet.
To care for a parent or husband, wife, disabled person of the 2nd group, it will also be even more difficult to formalize deferment from the army. Now it will also be obligatory to formalize care. The norm is 1 relative for 1 disabled person. And this deferment will be possible only if there are no other relatives or if they are physically unable to provide care, and there is also a reference to the non-existent yet CMU order on determination of such physical impossibility.
As for children, deferment is without special changes, both for large families and fathers of disabled children and children with especially serious diseases.
But the changes have caught up with single fathers. If the bill 10449 is passed, it will become impossible to establish through the court the fact that the child is being raised by the father without the participation of the mother. And this popular now option and fast for registration of deferment will be lost. There will remain only cases if the mother is dead, there is a court decision to recognize her dead or missing or to deprive her of parental rights.
At students deferment will remain, but only if the next level of education is higher than the previous one. And postgraduate contract students have their deferment taken away. But if you had deferment before these changes, it is preserved until the end of the current academic year.
At scientific, scientific-pedagogical and pedagogical staff working not less than 0.75 rate, the deferment is preserved.
In more detail, changes on deferment will be discussed in a separate video.
Changes in the rules of departure from Ukraine
They want to legislate the norm that it will be impossible to leave Ukraine without a military registration card without a record of placement on military registration or removal from it.
Conscription age in a new way
Bill 10449 plans to lower the draft age from 27 years to 25 years. This is the age at which you can not be mobilized without your voluntary consent, if you have not previously served and have not graduated from the military department.
And they want to introduce basic military service for those under 25.
Payless impounding of automobiles
Yes, you heard right. In what special order stipulated by the CMU it will be possible to confiscate cars without payment, which will be defined as necessary for the army.
Changes to the rules of dismissal from military service
The boundary term of military service will be introduced - 36 calendar months, after which it is possible to quit at will.
Also get the right to dismissal dismissed from captivity.
Will receive the right to dismissal of disabled persons and adoptive parents, guardians and custodians of minor children under 18 years of age.
And that's where the pluses end. Further minuses.
Lose the right to dismissal of those whose wife is disabled group 3.
Lose the right to dismissal of those whose parents or wife, or wife's parents need constant care and who for them formalized care.
It will now be impossible to dismiss those who care for their wife's parents who are disabled, group 1 or 2, or those who need care.
In general, the right to dismissal is lost simply because of the presence of parents or parents of the wife, 1 or 2 group, or wife, a disabled person of 1, 2 or 3 group, without formalized care for them. Now it will not be a ground for dismissal at all.
If there is a husband, wife or parents, disabled group 1 or 2, it will be more difficult to dismiss. In all cases it will be necessary to formalize care.
To care for a disabled person of group 1 will be able to quit only 1 relative and 1 degree of kinship, or 2 degrees of kinship, if there are no relatives of 1 degree of kinship or if they are physically unable to care. And whether they can or cannot physically do it will be determined by the CMU in a manner that is still unclear.
Only 1 relative of the 1st degree of kinship will be able to leave to care for a disabled person of the 2nd group, and only if there are no other relatives or if they cannot physically care for him/her, which will be determined by the CMU.
In this article, I gave a brief overview of the changes under Bill 10449. I will cover the rest of the issues in the following articles.
Support of a lawyer at military point is actual nowdays, penalty for failure to appear at the military commissariat, responsibility for failure to appear before the military commissariat, escort at the military commissariat is not the worst what can happen.
