Mobilization and Military Service Reform: Draft Law Registered

On 25.12.2023, the Cabinet of Ministers submitted to the Verkhovna Rada Draft Law No. 10378 on improving certain issues of mobilization, military registration and military service.

The Draft Law is currently awaiting approval by the relevant parliamentary committee. Consideration by the Parliament is tentatively scheduled for 10.01.2024.

Please find below a summary of the main changes envisaged by this Draft Law.

Persons Subject to Mobilization

First of all, the Draft Law proposes to reduce the age of persons subject to mobilization from 27 to 25 years.

Herewith, the following persons will not be subject to mobilization:

Persons, reserved for the period of mobilization and for the period of martial law by state authorities, other state bodies, local self-government bodies, as well as enterprises, institutions and organizations.
Please note that the Cabinet of Ministers of Ukraine plans to revise the current booking procedure. Currently, the new conditions and procedures for such reservations are unknown, but we are monitoring the relevant legislative proposals;
Persons with disabilities of I or II group;
Women and men with three or more underage children on their support;
One of the parents of a underage child in the military;
Parents or guardians of a underage child with a disability;
One of the close relatives of an adult disabled person with a disability of I or II group (such person chooses who gets the deferment);
Guardians of a person with a disability of I or II group, who has been recognized as incapacitated by a court;
Pregnant women and women on maternity leave;
Current MPs of Ukraine;
Persons whose close relatives were killed or went missing during the ATO or in the repulse of armed aggression against Ukraine;
Students of consecutive higher education;
Researchers with academic titles;
Teachers who work on a full-time basis;
Representatives of law enforcement agencies and state bodies, except for state officials, employees of the Bureau of Economic Security of Ukraine, the State Executive Service of Ukraine and the Prosecutor’s Office.

Military Registration

It is proposed to entrust enterprises, institutions and organizations, regardless of their form of ownership, with the responsibility for ensuring the performance of military duty (which includes, inter alia, registration).
Citizens are obliged to register an electronic account of a conscript, person liable for military service, or reservist (“electronic account”).
A summons to appear before the territorial centers for recruitment and social support (TRCs) may be sent to a citizen through the e-cabinet or by e-mail. At the same time, the draft law does not stipulate at what point the summons sent in this way will be considered received.
During mobilization, citizens will be obliged to update their personal data within 20 days from the date of mobilization extension through the TRCs, administrative service centers or an electronic cabinet.
Persons liable for military service, in addition, will be obliged to notify the authorities where they are registered (including their employer) within 7 days of changing their communication numbers and e-mail addresses.
Employers will be obliged to provide information on conscripts, persons liable for military service and reservists whose military registration they maintain, as well as to notify the relevant persons of their summons to the body where they are registered, from now on also at the request of the Foreign Intelligence Service or the Defence Intelligence of the Ministry of Defence.
Employers will be obliged to notify within 7 days of hiring and dismissing conscripts, persons liable for military service and reservists, in addition to the TRCs, also the SBU, the Foreign Intelligence Service or the Defence Intelligence of the Ministry of Defence.
The summons to appear before the TRCs may be delivered to a citizen personally:
- in the premises of the TRCs by representatives of the TRCs;
- at the place of residence (stay) by representatives of the TRCs or police officers;
- at the place of work by representatives of the TRCs, the employer or the police officers;
- in public places by representatives of the TRCs or police officers.

Types of Military Service

It is proposed to abolish conscript military service. Citizens between the ages of 18 and 25 will be able to undergo basic military training for up to 5 months.

The relevant training will be carried out at higher education institutions. Citizens will be able to choose the year and period of basic military service.

It is proposed to impose an obligation on employers to assist in the arrival of citizens to the TRCs for the purpose of sending them for basic military training. Specific requirements for such assistance may be determined by the Cabinet of Ministers of Ukraine.

Military Transport Duty

It is proposed to extend this obligation to all business entities of any organizational and legal form and form of ownership, as well as to individual entrepreneurs.

As a reminder, military transport duty is the obligation to transfer vehicles, including watercraft and agricultural machinery, free of charge for the needs of the armed forces based on decisions of local state administrations.

The Cabinet of Ministers of Ukraine will be obliged to develop and approve the procedure for submitting to the TRCs information on registered vehicles that may be used for manning the armed forces within 8 months from the date of adoption of the draft law and its publication.

Vehicles determined for manning the armed forces will be subject to certain restrictions. In particular, during the period of mobilization, they cannot travel to other regions and outside Ukraine, be transferred to other legal entities, etc.

Liability

From now on, directors and other officials of enterprises, institutions and organizations, regardless of their form of ownership, will also be liable for violating the rules of military registration and referral for basic military service.
For violation of the laws on defense, military duty and military service, mobilization training and mobilization, the draft law No. 10379 proposes a fine for citizens – from UAH 25,500 to UAH 34,000, for officials – from UAH 34,000 to UAH 85,000, and during the special period: for citizens – from UAH 34,000 to UAH 51,000, and for officials – from UAH 153,000 to UAH 204,000.
In addition, a fine of UAH 8,500 to UAH 17,000 is proposed for violation of the rules of military registration by conscripts, persons liable for military service and reservists.
Persons who violate the relevant laws may be detained for up to three hours during the special period for drawing up a report, and, if necessary, for identification and/or clarification of the circumstances of the offense, detention may last up to three days.
It is proposed to impose temporary restrictive measures on persons evading military duty, including a ban on driving, managing funds and accounts, receiving consular and administrative services, and entering into transactions.
It is expected that within a month after the draft law is adopted and published, the Cabinet of Ministers of Ukraine will develop regulations to implement it.

The SDM legal team will continue to monitor further “fate” of this Draft Law and related documents.

For detailed advice on issues related to employee reservations, mobilization and military service, please, contact:

Dmytro Syrota
Managing Partner of
Syrota, Dzis, Melnyk & Partners Law Firm
d.syrota@sdm.partners
+38 (050) 330 1644

Vladyslav Kepko
Senior Associate, Head of Employment
and Military Law Practice
at Syrota, Dzis, Melnyk & Partners Law Firm
v.kepko@sdm.partners
+38 (063) 757 0393