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Publication date: 20.05.2024
active and purposeful military lawyer with more than 4 years of experience
Lowering the conscription age to 25 years: what it means for the employer
We would like to remind you that on April 4, 2024, the Law of Ukraine dated May 30, 2023 No. 3127-IX "On Amendments to the Law of Ukraine "On Military Duty and Military Service", which, among other things, reduced the age from 27 to 25 stay of citizens on the military registration of conscripts.
As the General Staff explained, citizens who have reached the age of 25 will be subject to being removed from the military register of conscripts and to the military register of conscripts. The TCC will summon citizens who were on the military register of conscripts and have reached the age of 25 to clarify their registration data, pass a medical examination and issue relevant military registration documents.
What has changed for employers and persons subject to military registration
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First, these are changes in the lists of personal military records. That is, if the enterprise (institution, organization) employs conscripts who have reached the age of 25 as of April 4, 2024, then they must be included in the lists of conscripts.
For this, such employees must provide the employer with a relevant military registration document.Clause 20 of the Procedure for organizing and maintaining military records of conscripts, conscripts and reservists, approved by Resolution No. 1487 of the Cabinet of Ministers of Ukraine dated December 30, 2022, defines the following documents for certain categories of persons subject to military records:
• for conscripts – a certificate of registration at the conscription station;
• for conscripts – a military card or a temporary certificate of a conscript;
• for reservists — a military card.
That is, for the military registration of a conscript, the employer must be provided with a military card or a temporary certificate of the conscript.
Secondly, the employee must apply to the TCC of the JV. Since the responsibility for keeping military records is assigned to the management of the enterprise (institution, organization), the employer must ask the employee to provide the relevant military record document.
It is advisable to make the appeal in writing in the form of a notification of an arbitrary form, in which, with reference to the changes in the Law of Ukraine of March 25, 1992 No. 2232-XII "On Military Duty and Military Service" regarding the reduction of the conscription age, explain the need to provide for military registration specifically a military ticket or a temporary certificate of a conscript.
If a person acquires the status of a conscript, then the right to deferment from being called up for military service during mobilization is granted to him in accordance with Article 23 of the Law of Ukraine dated October 21, 1993 No. 3543-XII "On Mobilization Training and Mobilization". And such a right is not automatically granted, it must be confirmed.
