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Publication date: 14.05.2024
WHAT HAS CHANGED IN MOBILIZATION REGULATION
Already this month, on May 18, the Law "On Amendments to Certain Legislative Acts of Ukraine Regarding Certain Issues of Military Service, Mobilization, and Military Registration" (Law No. 3633-IX) will enter into force. Men aged 25 to 60, incl. without military service experience, are subject to general mobilization. Citizens of Ukraine who are on military registration are obliged to specify their residential address, contact numbers, e-mail addresses (if e-mail is available) and other personal data (through an electronic cabinet or in person at the center) within 60 days from the date of entry into force of the Law provision of administrative services or in TCC).
Women will not be subject to compulsory mobilization, but they will be able to join the army if they wish. Also, women who have obtained a medical or pharmaceutical specialty are subject to being entered into the military register of conscripts. And women who have a specialty and/or profession related to the corresponding military accounting specialty are taken on military accounting of conscripts at their request.
According to the latest changes (voted project No. 11079-1), it will be possible to call up those convicted of imprisonment or restriction of liberty for military service. For this purpose, the court may apply conditional early release to such convicts for their military service under the contract. They will serve in specialized military units.Those who have committed crimes against the national security of Ukraine, serious corruption crimes, fatal road accidents committed while under the influence of drugs or alcohol, crimes against sexual freedom will not be subject to conscription (more details in Article 81-1 of the Criminal Code).
What other changes will Law No. 3633-IX bring to those who are not in the army: the issues of reservation, postponement and mobilization will be considered below.You may be interested in the following articles: lawyer consultation, lawyer consultation, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers, documents, lawyer's assistance online, lawyer online, legal opinion, legal opinion of a lawyer, lawyer online
Who is entitled to a deferral?
According to the amendments to Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization", the following conscripts will not be subject to conscription for military service during mobilization:
1) reserved for the period of mobilization and wartime by state authorities, other state bodies, local self-government bodies, as well as by enterprises, institutions and organizations;
2) recognized as persons with disabilities or temporarily unfit for military service due to their health for a period of 6-12 months (with subsequent passing of a military medical commission);
3) women and men who are dependent on three or more children under the age of 18, except for those who owe alimony payments for three months;
4) women and men who have a child (children) under the age of 18, if the second parent of such child (children) is deceased, deprived of parental rights, recognized as missing, declared dead, serving a sentence in places of deprivation of liberty, as well as when a person independently raises and maintains a child by court decision or the entry of the father of such a child in the Birth Registration Book is made on the basis of the first part of Article 135 of the Family Code of Ukraine;
5) women and men, guardians, custodians, adoptive parents, foster parents who raise a child with a disability under the age of 18;
6) women and men, guardians, custodians, adoptive parents, foster parents who are raising a child with severe perinatal damage to the nervous system, severe congenital malformations, rare orphan diseases, oncological, oncohematological diseases, cerebral palsy, severe mental disorders , diabetes mellitus type I (insulin-dependent), acute or chronic kidney diseases of the IV degree, a child who received a serious injury, needs an organ transplant, needs palliative care, which is confirmed by a document issued by the medical advisory committee of a health care institution in order and according to in the form established by the central body of executive power, which ensures the formation and implementation of state policy in the field of health care, but which has not been diagnosed with a disability;
7) women and men who are dependent on an adult child who is a person with a disability of group I or II;
8) adoptive parents who are dependent on a child (children) who, prior to adoption, was (were) an orphan child (orphan children) or a child (children) deprived of parental care under the age of 18, guardians, custodians, adoptive parents, foster parents, foster carers who are dependent on an orphan child (orphan children) or a child (children) deprived of parental care under the age of 18;
9) engaged in constant care for a sick wife (husband), child and/or their father or mother (father or mother of the wife (husband), if she herself needs constant care according to the conclusion of a medical and social expert commission or a medical advisory board commission of a health care facility, deceased (deceased), recognized as missing or unaccountably missing, declared dead, and the wife's father or mother has no other able-bodied family members who are obliged and can provide care for them), who according to the opinion of the medical and social expert commission or the medical and advisory commission of the health care institution, they need a permanent dogIn the absence of non-military conscripts, only one person from among the conscripts may care for a person with a disability of group I or II;
14) family members of the second degree of consanguinity (brothers and sisters, her maternal and paternal grandparents, grandchildren) persons with disabilities of group I or II, engaged in constant care for her (no more than one and under the condition of absence family members of the first degree of consanguinity or if family members of the first degree of consanguinity themselves need constant care according to the opinion of the medical and social expert commission or the medical and advisory commission of the health care institution). In the absence of family members of the first and second degree of kinship, the norm of this clause applies to family members of the third degree of kinship of a person with a disability of group I or II;
15) women and men who have a child (children) under the age of 18 and a husband (wife) who is in military service;
16) heads of ministries and their deputies, heads of state bodies, state administration bodies whose jurisdiction extends to the entire territory of Ukraine;
17) people's deputies of Ukraine, deputies of the Verkhovna Rada of the Autonomous Republic of Crimea;
18) judges, judges of the Constitutional Court of Ukraine, members of the High Council of Justice, members of the High Qualification Commission of Judges of Ukraine, head of the service of disciplinary inspectors of the High Council of Justice, his deputy, disciplinary inspectors of the High Council of Justice;
19) Human Rights Commissioner of the Verkhovna Rada of Ukraine;
20) Chairman and other members of the Accounting Chamber;
21) employees of military management bodies (management bodies), military units (subunits) of the Ministry of Defense of Ukraine, the Armed Forces of Ukraine, the State Special Transport Service, the State Service for Special Communication and Information Protection of Ukraine, the Security Service of Ukraine, the Foreign Intelligence Service of Ukraine, the National guards of Ukraine, the State Border Service of Ukraine, the Office of the State Security of Ukraine, the apparatus of the Ministry of Internal Affairs of Ukraine and experts of the expert service institutions of the Ministry of Internal Affairs of Ukraine;
22) diplomatic employees holding diplomatic posts of the Ministry of Foreign Affairs of Ukraine, as well as persons holding the diplomatic rank of Ambassador Extraordinary and Plenipotentiary;
23) civil servants who prepare conclusions on draft regulations, carry out their professional, scientific, legal examination and/or examination of adopted regulations, civil servants who directly perform the functions of ensuring cyber security, cyber protection and information technology security, work on software development, database administration, implementation and support of the latest information and communication technologies in the bodies that ensure the activities of the President of Ukraine, the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine;
24) other conscripts or certain categories of citizens in cases provided for by law.It is separately noted that persons with disabilities, as well as the persons mentioned above in points 3-15, may be accepted for military service under a contract during a special period. Likewise, persons mentioned in all five points below may be recruited for contract service.
