The Ukrainian-Polish Business Meeting

On 26 May 2024, a meeting of SYROTA DZIS MELNYK & Partners law firm together with representatives of Ukrainian-Polish business took place at the International Union of Polish Entrepreneurs. 

During this meeting, they discussed the urgent issues of the Law on Mobilization, updating data and military registration. The discussion touched upon the issue of updating through the “Reserve+” application and whether it will replace the visit to the TCC ta SP. They also considered aspects of verifying the validity of MSEC decisions and whether it is possible to update documents through a representative or a close person. Special attention was paid to the issue of sending people to the army who have updated their days and are not eligible for deferment.   

The Law on Mobilization, which has come into force, also contains changes to the MMC. In particular, it eliminates the concept of “limited fitness”, the validity of the MMC’s conclusion for one year, all previous MMC decisions can be canceled to bring them in line with the law, etc. 

Discussion of the summons issue 

Among the innovations envisaged by the new Law are the obligations of citizens to present documents at the request of the TCC ta SP, the police and the State Border Guard Service and to record the process of document verification by video or photo. During the inspection, representatives of the TCC ta SPs have the right to issue summonses on a form that is effectively a “knee-jerk summons.” The legal confirmation of receipt of a paper summons may be a personal signature, a video recording of the delivery of the summons to the person, or any other data confirming the fact that the person was served with the summons. 

Postponement of mobilization 

According to the Law, full-time students of consecutive levels of education and men with many children who do not have child support debts are entitled to deferment. In addition, a list of documents has been defined that gives the right to deferment.  

Reservation from mobilization 

An important issue of the meeting was the discussion of booking persons. According to the new law, the reservation will now require updating of credentials. The Cabinet of Ministers must still review the criteria for assigning critical infrastructure status to enterprises, taking into account the position of the relevant committee of the Verkhovna Rada of Ukraine. 

Is it possible to mobilize an employee while the booking process is ongoing? Anatolii Kyselyov noted that in practice there are cases when TCC ta SPs meet with the employee and do not mobilize him. At the same time, the risks of mobilization remain high. 

Finally, the levels of responsibility and sanctions for violations of the mobilization law were discussed. For example, attention was drawn to restrictions on driving vehicles. For violation of the mobilization law, officials and legal entities will be fined from ₴34 000.00 to ₴59 500.00. The amendments to the laws that increased the amount of fines have already entered into force and can be applied. Therefore, analyzing these issues was extremely relevant.