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New terms of military registration of women in Ukraine and their exemption from mobilization: analysis of legislative changes.

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 08.05.2024

The new law on mobilization in Ukraine, which will enter into force on May 18, 2024, does not actually make any changes regarding the conscription of women for military service. However, some categories may be drafted into the army.
Law of Ukraine dated April 11, 2024 No. 3633-IX "On Amendments to Certain Legislative Acts of Ukraine Regarding Certain Issues of Military Service, Mobilization, and Military Registration" (hereinafter Law No. 3633) contains the conditions under which Ukrainian women can be drafted into the army. Important clarification — only with voluntary consent. That is, they cannot be forcibly mobilized.
RBC-Ukraine reports that according to the amended Article 1 of the Law of Ukraine dated March 25, 1992 No. 2232-XII "On Military Duty and Military Service", women who are fit for service due to their health are subject to mandatory military registration. I have obtained a medical or pharmaceutical specialty.
Women with a specialty and/or profession related to the military accounting specialty specified in the list of the Ministry of Defense can voluntarily register.
Women who are on the military register can be involved in the army or in defense work of Ukraine only voluntarily in wartime. In peacetime, they can enter contract service or be in the military reserve also only at their own will.
At the same time, the principle of gender equality is prescribed: women perform military duties under the same conditions as men, and are accepted for service under a contract, and can also be drafted and serve.
Some mass media claimed that Ukraine was preparing for the forced mobilization of women.However, the Center for countering disinformation at the NSDC stated that this is not true. No law on mobilization includes the mandatory involvement of women. This issue is currently not relevant and is not considered by the authorities. "Women can join the Defense Forces of Ukraine only at their own will. Other scenarios are not considered," the Center for Countering Disinformation added.
Ukrainian women with medical and pharmaceutical education are required to register for military service. This does not mean mobilization, since accounting is necessary for the generalization of data on the reserve of doctors in Ukraine. Actually, the norm on the military registration of female doctors has been in effect since 1992. According to it, those who meet the age (up to 60 years) and medical criteria for service (determined by the military medical commission) are subject to registration.

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There are quite a lot of professions and specialties in the list of specialties and/or professions related to the relevant military accounting specialties approved by the Ministry of Defense. Among them, the following categories of related specialties apply to medicine and pharmaceuticals:

– physical therapy, occupational therapy, medical and psychological rehabilitation, public health, physical rehabilitation, industrial pharmacy, sanitation and expertise;

– stomatology, medicine, nursing, pharmacy, technologies of medical diagnosis and treatment;

– biomedical engineering, biotechnology and bioengineering;

– veterinary medicine, veterinary hygiene;

– psychology, social work, social security.

In turn, the following are named among related professions:

- professionals in the field of life sciences and medical sciences, professionals in the field of medicine (except nurses), professionals in the field of treatment, professionals in the field of dentistry, research staff (dentistry), dentists, professionals in the field of pharmacy, pharmacists, professionals in the field of medical and preventive affairs, scientific employees in the field of medical and preventive affairs, other professionals in the field of medicine (except nursing and midwifery), auxiliary staff in the field of modern medicine, physiotherapy, pharmacy (except nurses), medical assistants, dental assistants, physiotherapists and massage therapists, pharmacists, other professional assistants in the field of modern medicine (except nurses);

- professionals in the field of pathology, toxicology, pharmacology, physiology and epidemiology, pathologists, toxicologists, pharmacologists, physiologists and epidemiologists, researchers (medical affairs), doctors, specialists in the field of medical and preventive medicine, professional nurses and midwives, professionals in the field of Nursing and Midwifery, Nurses and Midwives, Hygienists, Ophthalmologists and Opticians, Nurses and Midwives Assisting Professionals, Assistant Professional Midwives

– operators of medical equipment, workers servicing equipment for the production of pharmaceutical products and cosmetics, heads of health care units;

- professionals in the field of veterinary medicine, veterinarians, veterinary assistants, auxiliary staff in the field of veterinary medicine.Which of the female doctors is not subject to mobilization
Female medics who have been registered as conscripts are not subject to conscription for mobilization if they are booked or recognized as temporarily unfit for service due to their health (for a period of up to 6 months).
Even with consent, those who have:

– three or more children under the age of 18;

– a child with a disability (up to 18 or 23 years old, depending on the group);

– an adopted child younger than 18 years old;

- if a female doctor is raising a child (children) up to 18 years of age or is engaged in constant care.
In addition, the following will not be able to mobilize:

- if there is a child under the age of 18, if the husband is also serving;

– recognized as unfit due to health or age;

– single mothers;

– guardians of a child with a disability;

– wives of persons with disabilities of the I or II groups;

– wives of persons with disabilities of the III group (loss of a limb, hands, feet, one of the paired organs, oncology or mental disabilities);

- those who have one of their parents with a disability of groups I or II or those who have one of their husband's parents with a disability of groups I or II (if there are no more non-military personnel who can take care of them);

– if close relatives died or went missing during the war;

- if close relatives were awarded the title "Hero of Ukraine".
Higher education students (full-time, doctoral students and interns) are not eligible for the prize.

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