The Cabinet of Ministers of Ukraine has submitted an updated draft law on mobilization to the Verkhovna Rada. 

For the changes proposed in it to take effect, the document shall be adopted by Parliament and then signed by the President. 

The law will come into force one month after its publication. 

The draft law proposes, among other things, to lower the conscription age and expand the powers of the authorities to issue draft notices. A draft notice can be handed down in paper form, sent via the electronic account of a person liable for military service, or sent by e-mail. Basic military training is proposed to be made mandatory for all men under 25. 

What other innovations are proposed by the government and whether much has changed compared to the previous version of the draft law are discussed in our article. 

How will the draft notices be handed down? 

As in the first version of the draft law, the government proposes to clarify the content of the draft notice. The place, day, and time of the person liable for military service’s appearance at the Territorial Recruitment Center (TRC) must be indicated there.  

The draft law also provides that the National Police will participate in the notification of persons liable for military service together with representatives of the TRC. 

The draft notice can be received both in paper and electronic form. It can be sent via the electronic account of a person liable for military service or by e-mail. In this case, the draft notice is considered to be served, and the person shall arrive at the TRC within a certain period of time.  

Analysts have questions about this provision. “The rule that when a person cannot be handed down a draft notice or a requirement to come to the TRC, this person is considered to have been notified of it does not comply with the principle of legal certainty and is absurd. Instead, in such cases, a person can be notified via the media according to the same procedure that precedes the issuance of decisions in absentia,” said Oksana Zabolotna, an analyst at the Centre of United Actions. 

What will happen if you don’t come to the TRC? 

A person liable for military service may not come to the TRC only for valid reasons that must be documented. The reasons may be a natural disaster, illness, the death of a close relative, or the actions of the aggressor country, such as a missile strike. But this will need to be confirmed by a certificate. Who can issue such a document? Perhaps it can be issued by the State Emergency Service. The TRC and a person liable for military service will most likely decide whether this was a valid reason for not coming on time in person. 

If a citizen does not come to the TRC and the police cannot bring this person there within 15 days from the date in the draft notice, the head of the TRC sends this person a demand to fulfill its duties in electronic or paper form. Those who do not come to the TRC after a call are still wanted, although the legal grounds for this are questionable. This practice is likely to continue. 

If a citizen fails to come within 10 days of this request, the TRC submits an application to the court for a temporary restriction on leaving Ukraine, driving a car, and seizure of bank accounts. 

The court shall make a decision on the merits of the claims no later than 15 days after the date of commencement of the proceedings. 

If the parties do not appear, the court considers the case without them, based on the available materials. 

Court decisions in such cases shall be enforced immediately. They can be appealed within 15 days from the date of delivery of the full court decision. But even if a person files an appeal, they still have to comply with the court’s decision. 

Oksana Zabolotna, an analyst at the Centre of United Actions, emphasizes that there is no responsibility for the representatives of the TRC if they do not send a statement to the court because of the absence of the person liable for military service. She believes that this may give rise to certain corruption risks. 

What will replace military service for a regular term? 

Instead of military service for a regular term, the draft law proposes basic military training for citizens aged 18 to 25. It will be mandatory for men. Recruits will be able to choose the year and period of service, and it will last up to 5 months in peacetime and up to 3 months during martial law. 

The draft law stipulates that those who are unsuitable for health reasons are exempt from this service. It will also be optional for those who have served in other countries before acquiring Ukrainian citizenship. 

The government also proposes to introduce basic general military training (BGMT) starting in 2025 for military specialties in military universities and military units of universities, training centers of the Armed Forces, and law enforcement agencies, as well as in vocational education institutions and universities of all forms of ownership. 

Women will be able to undergo basic general military training on a voluntary basis. 

Citizens who are fit between the ages of 18 and 25 will be sent for such training. Those who do not pass it will not be able to become civil servants, prosecutors, or police officers. 

Age of mobilization and military registration — what is to be changed? 

The new version of the draft law retains the norm that citizens subject to military service will have to register in the electronic office of a conscript, a person liable for military service, or a reservist. The information required will include information about the place of residence and stay, health status, as well as a phone number and e-mail address.  

The government proposes to mobilize citizens from the age of 25 (currently from the age of 27). 

Also, all persons liable for military service will have to update their data within 60 days of the start of mobilization via the administrative service center, TRC, or electronic cabinet. 

“Since the previous version of the draft law, the period for clarifying the data has been doubled. Initially, it was 30 days. At that time, we at the Centre of United Actions warned that this could lead to a collapse of the electronic and physical systems. The deadlines have currently become more realistic,” says Oksana Zabolotna. 

The following persons will be registered for military service:  

  • conscripts who have completed basic military training; 
  • citizens over 25 years of age who have not previously been registered with the military; 
  • citizens released from penitentiary institutions. 

As it is now, women who have a medical, pharmaceutical, or related specialty will be able to register for military service voluntarily. 

Currently, the mobilization of women who will be registered for military service is mandatory. However, after the draft law is adopted, women will be able to enlist for military service in wartime only voluntarily. 

During the mobilization period, citizens aged 18 to 60 will be required to carry a military registration document. For conscripts, this is a certificate of conscription registration, for persons liable for military service and military personnel – a military card or a temporary certificate. 

Analysts at the Centre of United Actions believe that these rules will help implement a unified system of registration of conscripts, persons liable for military service, and reservists. 

At the same time, experts point to a provision retained in the new version of the draft law that proposes to transfer the responsibility for organizing conscription and mobilization to local self-government bodies (LSGB). They will also have to introduce the registration of conscripts, persons liable for military service, and reservists, and reserved persons liable for military service. 

“An attempt to shift the problem of calling up citizens to local self-government bodies does not ensure a unified state policy in the field of conscription and mobilization. Such a duty does not belong to the typical powers of local self-government bodies. Moreover, local self-government bodies themselves are not interested in carrying out mobilization efficiently. For them, this would mean “catching” their voters, who would no longer vote for them,” explains Zabolotna. 

What about Ukrainians abroad? 

As for men who are liable for military service abroad, they will need military registration documents. Without a military card, it will not be possible to apply for a Ukrainian passport or a foreign passport, or to use the services of a consulate. The above is for the period of martial law in Ukraine. 

Exceptions to these rules may include:  

  • issuing a certificate of return to Ukraine;  
  • performing consular actions in respect of the children of a citizen of Ukraine; 
  • if the other parent is a foreigner or stateless person;  
  • notarization of inheritance matters;  
  • threat to life and health, arrest;  
  • detention or imprisonment abroad.  

Citizens of Ukraine who are deregistered from the military register due to leaving the country for more than 3 months must be re-registered within 30 days after the relevant resolution of the Cabinet of Ministers of Ukraine. During martial law, such citizens will have the right to freely enter and leave Ukraine. 

Dismissal from military service, “restricted fit,” and repeated medical examination 

According to the draft law, annual basic leave for military personnel is provided in parts of at least 15 calendar days. Its total duration is 30 days. After being released from captivity, the military is granted an additional 90 calendar days’ leave, with their salary retained. 

In addition, the draft law allows mobilized persons to be dismissed in cases of continuous service during martial law for 36 months. The Centre of United Actions believes that this provision is unlikely to be implemented due to the scale of the war.  

The new version of the draft law also proposes to abolish the status of “restricted fit.” Citizens of Ukraine who have previously been recognized as partially fit by the Military Medical Commission will have to undergo a second medical examination within 9 months of the law’s entry into force. Analysts point to the uncertainty of this clause.  

“It is unclear whether this category of people will be able to be appointed to all positions in the future, or whether there will still be some requirements that the position shall comply with the state of health and the list of positions to which they can be appointed will be restricted,” comments Oksana Zabolotna.  

Men aged 25 to 55 who were diagnosed with disabilities of groups II and III after February 24, 2024, are subject to reassessment for fitness for military service by the end of 2024. This does not apply to cases of limb amputation and when the disability was acquired while defending the homeland. 

Among other proposals of the draft law, convicts who have been released from serving their sentence with probation may be called up for military service during mobilization for a special period. This provision will not apply to those who have committed crimes against the foundations of Ukraine’s national security and military offenders. 

What about the deferment? 

In addition to the existing grounds, the following categories of persons liable for military service will be granted a deferment:  

  • persons with 3 or more dependent children under the age of 18 (except for those who have more than 3 months of child support arrears);  
  • persons with a disability for a period of 6–12 months with a subsequent Military Medical Commission;  
  • persons engaged in full-time care for a sick wife, child, or their parents who, according to the Military Medical Commission, need it;  
  • persons with a child under 18 years of age, if the other parent has died, been deprived of parental rights, declared missing, or declared dead;  
  • guardians of a person recognized by a court as incapacitated;  
  • persons who have a child under the age of 18 and the other spouse is in military service;  
  • heads of ministries and their deputies, heads of state bodies, public administration bodies with jurisdiction over the entire territory of Ukraine; 
  • members of Parliament;  
  • 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, the Head of the Service of Disciplinary Inspectors of the High Council of Justice, his/her deputy, disciplinary inspectors of the High Council of Justice; 
  • employees of military administration bodies of military units of the Ministry of Defense, the Armed Forces, the State Special Transport Service, the State Special Communications Service, the Security Service of Ukraine, the Ministry of Internal Affairs, and other law enforcement agencies;  
  • persons discharged from the military, including after captivity. 

Also, students who are studying full-time or dual forms at a higher level than before and in the same specialty will not be able to be called up for military service during mobilization.  

“That is, a second degree or re-entry to a degree you have already obtained, as well as part-time or distance learning, do not provide for a deferral from mobilization,” explains Zabolotna.  

In addition, it is proposed not to call up doctoral students and interns studying full-time or dual forms, as well as scientific and teaching staff of educational institutions at their main place of work, at a rate of at least 0.75.  

Students who were entitled to a deferment and lost it have the right to complete their studies by the end of the academic year from the date this law comes into force. 

Booking of employees 

The draft law also clarifies the requirements for booking employees, including civil servants. All employees of category A (heads of government agencies and their deputies) will be able to count on it. As well as up to 50% of categories “B” and “C” (heads of structural units of a government agency, their deputies, leading specialists, and other civil service employees).  

Employees of local governments will also be booked, but not more than 50%. Employees of enterprises that are critical to the economy, the livelihoods of the population, and the needs of the army. 

Oksana Zabolotna, an analyst, points out an important nuance: security forces have lost the right to a deferment, but now they can be booked. This means that nothing will change for them. Employees of the National Police, prosecutors, the State Bureau of Investigation, the National Anti-Corruption Bureau of Ukraine, the Economic Security Bureau, the Judicial Protection Service, and the Patronage Service will be able to be “booked.”  

“The problem is not in their booking or deferment, that is normal. The problem is manipulation. After all, the Ministry of Defense emphasized that the new law makes everyone equal before mobilization, and police officers and other law enforcement officers lose the right to deferment. But it did not add that these employees were given the opportunity to be booked,” the lawyer concludes.