Publication date: 06.04.2024
active and purposeful military lawyer with more than 4 years of experience
On January 30, 2024, the Verkhovna Rada of Ukraine registered the government project of the Law on Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilization, and Military Registration (No. 10449).
This draft law envisages improving the mechanism of mobilization measures to attract a larger number of the population, as well as ensuring military registration of conscripts, conscripts and reservists, and improving certain issues of military service. Bill No. 10378 itself has been withdrawn.
Regarding the main provisions of the draft law:
1) Cancellation of fixed-term service
Bill No. 10449 proposes to abolish conscription and introduce basic military service.
Referral of citizens of Ukraine for basic military service will include6 arrival at the address and time indicated in the summons of the district (city) TCC and SP at the address and time to be sent to the military unit for passing the BVS and stay at the BVS headquarters and stay at the corresponding TCC and SP before being sent to military unit
The legislation clearly defines the terms of basic military service:
- In peacetime - up to 5 places;
- During martial law - up to 3 months.
2) Basic military training
Bill No. 10449 proposes to introduce basic military training. In simple words, it is a compulsory educational discipline in educational institutions.A rather important point of the basic general military training is that after passing the BZP, persons who have undergone such training become conscripts, i.e., there are those who are taken to the military register of conscripts at the TCC and SP at their place of residence.
According to the draft law, it is planned to start BZP from 2025.
3) Changing the conscription age from 27 to 25 years
4) Electronic register of conscripts
Ukraine adopted amendments to the Law on "Oberig" and its functioning
single register of conscripts.
Draft Law No. 10449 provides for the obligation of citizens to provide information and be in this database - the electronic register.
Therefore, conscripts are required to clarify their registration data according to their place of residence or stay within 60 days from the date of mobilization.
5) Service of the summons through the electronic cabinet
The traditional delivery of the summons is supplemented by the possibility of delivery
subpoenas through the electronic cabinet. It is important that the day of delivery of the summons to the TCC and SP is considered to be the day when the TCC and SP receive a notification of the delivery of such a summons to the electronic account of a conscript, conscript or reservist.
It is interesting that even if the citizen does not see the sent summons, it will still be considered served.6) It is the duty of citizens to carry a military registration document
The draft law will oblige citizens of Ukraine aged 18 to 60 who
are on military registration, have a military registration document with them and present it at the request of an authorized representative of the TCC and SP or a police officer, as well as a representative of the DPSU in the border zone.
7) Changes regarding the granting of deferment
- It is proposed to grant the right to deferment to foster carers,
dependent on orphans or children deprived of parental care under the age of 18.
- It is proposed to cancel the right to postponement for the following categories:
1. conscripts, engaged in constant care of their wives' parents;
2. conscripts who have a wife (husband) from among persons with disabilities and/or one of their parents whose wife (husband) is among persons with disabilities of group I or II;
3. conscripts whose grandfather, grandmother, half-sister or brother died in the war.
- It is proposed to grant the right to postponement to the guardians of the recognized person incapacitated by the court - regardless of whether such a person has a disability or not.
The entire list is not fully approved.8) Impact measures for citizens who do not fulfill their duties
If a citizen of Ukraine does not appear at the TCC and SP after the request, the TCC has the right to apply to the court so that all measures of influence are taken against the violator, including:
- temporary restriction on the right to leave Ukraine;
- temporary restriction of the right to drive vehicles;
- seizure of funds and other valuables that are on accounts and in storage in banks and other financial institutions or on electronic money in electronic wallets;
8) Impact measures for citizens who do not fulfill their duties
If a citizen of Ukraine does not appear at the TCC and SP after the request, the TCC has the right to apply to the court so that all measures of influence are taken against the violator, including:
- temporary restriction on the right to leave Ukraine;
- temporary restriction of the right to drive vehicles;
- seizure of funds and other valuables that are on accounts and in storage in banks and other financial institutions or on electronic money in electronic wallets;
9) Regarding conscripts abroad
Men between the ages of 18 and 60 abroad will not be able to apply for services at consular and diplomatic missions without presenting a military registration document.
There are exceptions:
- issuing an identity card for returning to Ukraine;
- taking consular actions against children of citizens of Ukraine, whose second parent is a foreigner or stateless person;
- performance of notarial actions related to registration of inheritance;
- taking actions based on the statements of citizens of Ukraine who are under arrest, detained or deprived of liberty abroad.
10) Crossing the border
The obligation to present a military registration document with a note on inclusion in the military registration or exclusion from the military registration is proposed (they want to make these changes at the level of the law).11) Provision of additional time before mobilization
For citizens who independently arrived at TCC and SP and are subject to referral for training (training) in connection with the draft on military service by conscription during mobilization for a special period, the time of appearance at the TCC and SP is set within two months from the day passage of VLK.
Previously, a serviceman, after passing the VLK, was directed to educational center of the Armed Forces of Ukraine. Now after passing the VLK, the person has two months to resolve their personal issues and in the futuresent to study.
12) Reservation of conscripts First, the order of reservation for conscripts who work in state authorities, others state bodies, in particular in the civil service position of category "A" all conscripts, and for civil service categories "B", "B" - up to 50% of the total number of conscripts.
Employees of the National Police, SBI, NABU, Prosecutor's Office, BEB, Service judicial protection will no longer have delays.
13) Demobilization during the war Grounds for dismissal from military service are established military personnel in the case of continuous service during the period of military action state within 36 months. Dismissal of such servicemen
will be determined by the terms in accordance with the decision of the Supreme Stavka Commander in Chief.14) Mobilization of a separate category of convicts
During the mobilization for a special period may be called for at the will of convicted persons who are released from serving their sentence with probation, except those convicted of crimes against of the foundations of national security of Ukraine, as well as the prescribed crimes
Articles of Art. 402-406, 408-411, 426-433, 437-442 of the Criminal
Code of Ukraine.
