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Publication date: 12.01.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
On 25.12.2023 a Christmas miracle fell on the heads of all residents of Ukraine.
- Or a monster, so perhaps it would be more correct to say.
- These are bills 10378 and 10379, which introduced significant changes to the rules of mobilization. In this article, I'll give a brief overview of all the major changes they want to make.
- And then there will be separate articles where we will break each of them down point by point in detail.
Who will be canceled deferment
- They want to cancel the deferment from mobilization of all disabled people of group 3. This means that a person without an eye or fingers may well be forced to serve.
- Also in danger of canceling the deferment of those whose wife is disabled group 3. Now the wife of a disabled person of the 3rd group, if the changes are adopted, will not be the basis for deferment from conscription.
- As for those whose parents, wife or wife's parents are disabled of group 1 or 2, the changes are more positive. Now it will not be necessary to prove the absence of other able-bodied relatives, which was a problem for many. It will be enough for the disabled person to choose you as a relative who will take care of him. And in my opinion, this choice is proved by a notarized statement of the disabled person about it.
- But those who have been formalized care for his wife's parents, who need constant care, but do not have a disability, will lose their right to deferment.
At the same time, on the same grounds, it will remain for those who have formalized care for the wife or their parents, who need constant care. But the wife's parents were removed from this list.
- The most dangerous changes will affect those who have registered care for a disabled person of the 1st group, a disabled person of the 2nd group or those who need constant care, if these disabled persons are not his first-degree relatives.
- That is, if that disabled person is not a parent, child, or spouse of a person subject to military service.
- All such deferrals for the care of strangers for the disabled or for the care of grandchildren, aunts, uncles and more distant relatives for grandmothers have been canceled.
- And single grandmothers and the disabled were left unprotected.
Just like that, with one stroke of a pen.
- The deferment from mobilization of many students is under threat.
- Now all full-time students are entitled to deferment from mobilization, but they want to introduce that only students who receive education at a level higher than the previous one and in the same profile are entitled to deferment.
- Doctoral students will continue to have deferment. But postgraduate students have deferment taken away.
- For scientific, pedagogical, scientific-pedagogical employees the rules of deferment have become stricter. Now to get deferment they must be employed on a full-time basis, and before it was enough 0.75 rate.
- And in order to justify somehow all these restrictions they introduced one new ground for deferment from the army for those who were discharged to the reserve and returned from captivity.
- Fair, of course. But are there many of them, compared to those who will lose it.
Liability for failure to appear at the military commission and for refusal to undergo a medical examination
- For refusal to undergo a medical examination in the military enlistment center they want to put in jail from 3 to 5 years. Now, as we know, there is administrative responsibility for this.
- But for failure to appear on a summons to clarify the data the legislator clearly had fun. If before it was possible to get away with an administrative fine, then now all those who did not show up will not seem little.
- They will be fined from 34000 UAH to 51000 UAH. And also they can be detained from 3 hours to 3 days.
- And also they will be prohibited to travel abroad, block all bank cards, prohibit any transactions with movable and immovable property, will be deprived of the right to drive and will start to take away the license, will be deprived of the right to conclude credit agreements and loan agreements, and the state will owe them nothing - neither pensions to pay, nor social payments, nothing. Only they owe them.
And the cherry on the cake, if you think it is not enough and your head does not go round, or if you hope that you will manage not to get a summons.
- They want to introduce the obligation to report to the military enlistment center for everyone, both those who have been served with a summons and those who have not.
- The terms are 60 days from the day of martial law introduction or 20 days from the day of its extension, which will probably happen on February 14, 2024.
- And if you don't show up without a summons - the liability is the same as for failure to show up by summons.
- And I also imagine those lines at the military enlistment offices. Because electronic registers will obviously not work.
Lowering the draft age and introducing basic military service from 18 years of age
- They want to lower the draft age from 27 to 25 years.
- Before this age a conscript without his voluntary consent and signing a contract can not be mobilized. But after reaching this age they can.
- Also, instead of compulsory military service, which during martial law in Ukraine there is no, for those who are 18 years old, they want to introduce basic military service.
- Here even before reaching the age of conscription you will not be able to sit quietly.
- Dismissal of persons liable for military service in a new way
There are both pros and cons to the planned changes.
- Minuses - will remove the opportunity to dismiss those whose wife is disabled group 3.
- Will lose the right to dismissal of those who have been formalized care for the parents of the wife, who need care, but who do not have a disability.
- As for those whose parents, wife or wife's parents are disabled of group 1 or 2, the right to dismissal will remain, but only if this relative chooses them. But this is solved by a notarized statement of the disabled person.
- The right to dismissal will be completely lost by those who had a formalized care for a disabled person of group 1, 2, not a relative, or someone who needs constant care.
- And even if it is not a disabled person, but a relative, but not of the first degree of kinship, i.e. not a parent, not a child, not a wife, the right to such deferment is also lost completely.
- And single disabled persons or grandmothers who have only grandchildren are left without protection.
- From the pluses - added some grounds for dismissal and the boundary term of military service.
- The limit term of military service is planned to be 36 months, then you can quit.
They will add grounds for dismissal of a disabled person of the 1st or 2nd group, those who were dismissed from captivity and some very narrow categories of persons - people's deputies of Ukraine, senior officers or certain officials.
In this article I have made a brief overview of all the main changes that they want to make.
Support of a lawyer at military point you can get if you got escort at the military commissariat or penalty for failure to appear at the military commissariat, hiding from the military commissariat is not a good idea.
