Draft bill #10449 of January 30, 2024 

Sponsor: the Cabinet of Ministers 

Status: adopted in full 

Who is affected: citizens of Ukraine, service members, persons subject to military service, reservists, the Armed Forces of Ukraine and other military units, law enforcement agencies, businesses, state bodies, local government bodies, local state administrations, military administrations, civil-military administrations, territorial recruitment and social support centers, and the Cabinet of Ministers 

Summary: 

Demobilization 

  • provisions regarding the demobilization of service members after 36 months of continuous service were excluded from the final version of the bill. 

Duties of citizens regarding mobilization 

  • citizens are required to: 
    • come to a place and at the time specified in the conscription notice to register with the military as persons subject to military service or reservists and to receive a referral for medical examination 
    • during the mobilization period, provide buildings, structures, vehicles, and other property to the Armed Forces of Ukraine and other military units, with subsequent compensation for their value 
    • undergo a medical examination to determine fitness for military service according to the decision of a military medical commission or a territorial recruitment center (hereinafter — TRC) 
    • within 60 days after the enactment of the presidential decree on mobilization, persons subject to military service must update their registration details at an administrative services center, the electronic cabinet of a person subject to military service, or at a TRC at their location 
  • during the mobilization period, citizens aged 18 to 60 are required to carry their military ID or a certificate of a person subject to military service and show it upon request to the police, representatives of a TRC, or the State Border Service (at the border) 
  • while martial law is declared, consular services requested by male citizens of Ukraine aged 18 to 60 years who have not updated their registration information within 30 days after the law had come into effect are provided at foreign diplomatic institutions of Ukraine only if the military registration information is updated. This requirement does not apply in the following cases: issuance of a pass to return to Ukraine, consular services concerning a child of a Ukrainian citizen and the second parent is a foreign citizen or stateless person, and requests from Ukrainian citizens under arrest, detention, or imprisonment abroad 
  • while martial law is declared, issuance of national and international passports by the state enterprise Document to male citizens of Ukraine aged 18 to 60 is available only if the person in question has military registration documents 
  • during the ID and document checks, the authorized representative of a TRC or police officer will make a video recording and photos of the process. They may use technical devices, means, and specialized software with access to the Unified State Register of Conscripts, Persons Subject to Military Service, and Reservists 
  • citizens who have military registration can voluntarily register their electronic cabinets of a conscript, person subject to military service, or reservist 
  • women who have military registration can be called up for military service or involved in performing tasks related to state defense voluntarily during wartime. 

Conscription notice delivery 

  • the content of a conscription notice is specified: the notice must specify the purpose of the summons, indicate the place, day, and time for a person subject to military service to arrive at the territorial center for recruitment and social support, etc. 
  • while delivering the conscription notice, representatives of a TRC, upon request of the citizen to whom the notice is delivered, are required to state their surnames, first names, and patronymics, positions, and show their service IDs 
  • a person subject to military service may fail to arrive at the TRC only for the following reasons (must be documented): 
    • a natural disaster, illness, actions of the aggressor state, or other circumstances that deprived him of the ability to arrive at the specified time in person 
    • death of his close relative (parent, spouse, child, sibling, grandparent) or a close relative of his spouse 
  • if a citizen does not arrive at the TRC, he must as soon as possible, but no later than three days after the date and time indicated in the notice, contact the TRC and inform about the reasons for the failure to arrive there within 7 days. 

What happens if a person does not arrive at the TRC 

  • if a person does not arrive at the TRC, its head issues a request to the National Police to deliver the citizen to the TRC 
  • if this cannot be done, the TRC head within 5 days after receiving such a response sends the citizen a registered mail with a demand to fulfill the duty to arrive at the TRC 
  • the delivery date of the demand is: 
    • the day when the demand with acknowledgment of receipt is handed over by the postal service 
    • the day when the postal service confirms the refusal to receive the demand or the impossibility of delivering the demand 
  • if the citizen does not arrive at the TRC within 10 days after the demand is delivered, the TRC requests a court to temporarily restrict the right of the addressee to drive a vehicle during the mobilization period until he comes to the TRC 
  • the lawsuit is filed with the administrative court within 30 days after the demand is delivered 
  • within 5 days, the court decides whether to open proceedings 
  • the court considers the lawsuit within 30 days after the proceedings are opened. If the parties were properly notified about the case hearing but did not attend, the court considers the case in their absence 
  • the court denies the demands of the TRC if the TRC fails to prove that: 
    • the citizen failed to fulfill the duties prescribed by the law on mobilization and committed an administrative offense — violated the legislation on defense, mobilization preparation, and mobilization 
    • the National Police failed to deliver the citizen to the TRC 
    • the TRC delivered the demand to the citizen 
    • the citizen did not fulfill the duty specified in the demand 
  • the court also denies restricting the citizen’s right to drive a vehicle if: 
    • imposing such a restriction deprives the person of the primary legal source of livelihood 
    • the citizen uses the vehicle because of having a disability, has a dependent person with a disability of group I or II, or a child with a disability 
  • the court closes the proceedings if the demands of the TRC are met 
  • temporary restrictions are introduced until the demand of the TRC is fulfilled or cancelled 
  • the court’s decisions in such cases must be executed immediately 
  • an appeal can be filed within 15 days after the court’s decision. 

Treatment, bonuses, and leaves for service members 

  • if a service member is assigned to the commander’s disposal due to the need for prolonged treatment, monthly remuneration is paid for the entire period of the treatment 
  • service members sent on a work trip within Ukraine or abroad are entitled to reimbursement of documented actual expenses for the trip, as well as to receive allowances for food and per diem 
  • remuneration paid during martial law: 
    • monthly bonuses under terms, in amounts, and under the procedure established by the Cabinet of Ministers 
    • bonuses for destroyed (captured) enemy weapons and military vehicles in amounts from 12,000 to 908,000 UAH. The procedure and amounts are established by the Cabinet 
  • if a service member is undergoing treatment abroad and cannot arrive at a medical establishment for a military medical commission, the examination is conducted remotely 
  • annual regular leave for service members will have to be used in parts of not less than 15 days and will be granted only if no more than 30% of service members of the unit are absent at the same time 
  • additional leave is granted for destroyed enemy vehicles, but not more than 15 days per year 
  • for those released from captivity, an additional paid leave of 90 days will be provided (if requested). Recall from additional leave is permitted only with the consent of the service member 
  • upon signing their first contract, service members will have the right to a compensation of 50% of the first installment of a mortgage loan issued under the yeOselia (e-Housing) program, an additional payment of 100,000 UAH after the first year of military service, and another 100,000 UAH after the second year. This compensation is provided to the service member only once during the entire time of military service 
  • state, municipal, and private enterprises, establishments, and organizations, including banks and private individuals, will not be allowed to charge the accrual of interest on loans or impose penalties for non-fulfillment of obligations on the service members mobilized during martial law (does not apply to mortgage and vehicle loans) 
  • service members have the right to receive a certificate worth 150,000 UAH for the purchase of a car within three months after signing the contract. The procedure will be established by the Cabinet. A person could receive only one certificate for the purchase of a car 
  • one-time financial assistance in case of the death of a service member during service will be no less than 15 million UAH. 

Powers of state and local self-government bodies 

  • local self-government bodies, local state administrations, local military administrations, and local civil-military administrations will: 
    • ensure the organization of conscription and distribution of youth for training and basic military service 
    • inform citizens about the progress of the mobilization 
    • keep records of conscripts, persons subject to military service, and reservists, as well as persons subject to military service who are exempted from conscription 
    • ensure planning and conduct of mobilization training and implement mobilization measures 
    • notify citizens about the call to arrive at assembly points and military units 
  • the Ministry of Defense will get more powers regarding the accumulation of weapons, formation of mobilization reserve, capacity-building, and development of mobilization plan and assessment of the needs of the Armed Forces. 

Requisition of vehicles 

  • the authority to requisite private vehicles currently granted to the TRC will be also granted to the Foreign Intelligence Service and the Main Intelligence Directorate. A decision by a local state administration to approve the requisition will be required 
  • regulations on the requisition of vehicles will be set as percentages for each enterprise by sectors of the national economy, and the volumes of requisition will be established by state administrations based on the requests from TRCs according to the mobilization plan 
  • state bodies that keep records of registered vehicles (the Ministry of Internal Affairs and the State Service for Maritime, Inland Waterway Transport and Shipping) will provide TRCs with information about registered vehicles that can be designated for the Armed Forces 
  • it will not be allowed to send vehicles requisitioned for the needs of the Armed Forces to other regions or abroad. Also, it will not be allowed to transfer property rights on such vehicles, lease them long-term, or use them as a pledge 
  • if a citizen owns one vehicle, it is not subject to transfer to the Armed Forces. 

Deferment from conscription during mobilization 

  • deferment will apply to persons subject to military service if they: 
    • are reserved 
    • take care of 3 or more children under the age of 18 (except those who owe more than 3 months of alimony) 
    • have disabilities (deferment applies for 6 to 12 months with further reexamination by a military medical commission) 
    • take permanent care of their wife, child, or parents and the need for such care is confirmed by a military medical commission 
    • have a child under 18 if the other parent is deceased, deprived of parental rights, declared missing, or declared dead 
    • are guardians of a person declared incapable by the court 
    • have an adopted child under 18 who was an orphan or deprived of parental care before the adoption 
    • have a child under 18 and the other spouse is in military service 
    • have a wife (husband), parents, or wife’s parents with a disability of groups I or II (of group III in exceptional cases) 
    • are the heads of ministries and their deputies, heads of state bodies and public administration bodies with jurisdiction over the entire territory of Ukraine 
    • are MPs or members of the Verkhovna Rada of the Autonomous Republic of Crimea 
    • are 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 deputies, disciplinary inspectors of the High Council of Justice, the Commissioner for Human Rights, or the head or a member of the Accounting Chamber 
    • are employees of military administration bodies of military units of the Ministry of Defense, Armed Forces, State Special Transport Service, State Special Communications Service, Security Service of Ukraine, Foreign Intelligence Service, National Guard, State Border Service, State Security Administration, Ministry of Internal Affairs, apparatus and expert service of the Ministry of Internal Affairs, diplomats of the Ministry of Foreign affairs, and extraordinary and plenipotentiary ambassadors 
    • are civil servants who prepare conclusions on draft regulatory legal acts, conduct their professional, scientific, and legal expertise 
    • are civil servants who directly perform functions related to cybersecurity, cyber defense, and security of information technologies, work on software development, database administration, implementation and support of the latest information and communication technologies in state bodies facilitating the work of the President, the Verkhovna Rada, and the Cabinet of Ministers 
  • also, the following persons cannot be conscripted for military service during mobilization: 
    • students of vocational, advanced vocational, and higher education establishments who study full-time or under a dual form if they continue their education in the same field of study to receive the next higher degree 
    • scientific and pedagogical employees of educational establishments with 0.75 or more standard workload 
    • women and men whose close relatives were killed or went missing in action during the Anti-Terrorist Operation (ATO) or military actions during the large-scale invasion 
    • family members of the Heroes of the Heavenly Hundred 
    • family members of employees of enterprises that were involved in the provision of the ATO and died or were killed during the ATO 
    • persons subject to military service aged under 25 who have completed BGMT or the term of basic military service. They can be conscripted only with their consent 
    • those released from service due to being released from captivity. They can be conscripted only with their consent 
  • deferment from conscription during mobilization can be processed via the Unified State Register of Conscripts, Persons Subject to Military Service, and Reservists based on data received from other state registers or databases confirming that a person subject to military service is entitled to deferment. 

Persons eligible for deferment: 

  • state officials of category A, heads of oblast, raion, and city district councils (if the city has district councils), as well as village, settlement, and city heads 
  • state officials of categories B and C — up to 50% of the number of employees subject to military service in the corresponding state or local government body 
  • persons subject to military service working or serving in state bodies, employees of the National Police, NABU, SBI, Bureau of Economic Security, State Emergency Service, State Criminal-Executive Service, prosecution bodies, Court Security Service, courts, and other state bodies and institutions of the justice system and bodies of pre-trial investigation, and patronage services 
  • employees and ultimate beneficial owners of enterprises, institutions, and organizations that are critically important for the economy, the livelihood of the population, and the needs of the Armed Forces and other military units during the special period 
  • employees of enterprises, institutions, and organizations that have been assigned mobilization tasks if it is necessary for the execution of these tasks. 

Basic military service and basic general military training (BGMT) 

  • instead of conscript military service, basic military service will be introduced for all male citizens under 25. They will be able to choose the year of their service once before reaching 24 
  • the term of basic military service: during peacetime — up to 5 months, while martial law is declared — up to 3 months 
  • basic general military training (BGMT) for obtaining military specialties will be organized at military higher education establishments, military departments of universities, training centers of the Armed Forces and law enforcement agencies, vocational educational establishments, and universities (state, municipal, and private). For women, it is voluntary 
  • basic general military training will be included in the curricula of state, municipal, and private higher education establishments as a separate academic discipline 
  • a person will be exempt from BGMT if they: 
  • are recognized as medically unfit for military service 
  • served in the military in other countries before acquiring Ukrainian citizenship 
  • served in the Ukrainian military 
  • BGMT will be organized for citizens fit for service and aged 18 to 25 
  • without BGMT or basic military service, citizens will not be eligible to become civil servants, servants of the local self-government bodies, or prosecutors (does not apply to prosecutors of the Specialized Anti-Corruption Prosecutor’s Office). They will undergo BGMT at the training units (centers) of the Armed Forces. 

Transition period 

  • the law comes into effect one month from the day following its publication 
  • requirements regarding photo and video recording of conscription notice deliveries and document checks take effect 3 months after the law is published 
  • male citizens holding special ranks and serving or released from service in the National Police, SBI, Court Security Service, Bureau of Economic Security, State Emergency Service, State Criminal-Executive Service, NABU, prosecution bodies, State Tax Service, and State Customs Service will have to register as persons subject to military service at TRCs within 60 days after the law comes into effect 
  • employees of the NABU subject to military service will not be conscripted during mobilization 
  • Ukrainian citizens removed from military registration due to leaving Ukraine for over 3 months will be required to register with the military within 30 days after the relevant Cabinet resolution comes into effect 
  • citizens who have military registration will be required to specify their residential address, contact phone number, email address, and other military record information within 60 days: 
    • if they are in Ukraine, they will have to visit a TRC or administrative service center at their location or via an online cabinet 
    • if abroad — report to the official email address or official phone number specified on the TCK’s official website, or via an electronic cabinet 
    • if they are abroad, they will have to provide the information to the official email address or via phone number listed on the TRC official website or via an online cabinet 
  • Ukrainian citizens studying at educational establishments who had the right to deferment and lost it will still be allowed to complete their full academic year 
  • basic general military training will begin on September 1, 2025. 

What the Cabinet of Ministers must do after the law is published 

  • within a month: 
    • review the procedure for deferment of persons subject to military service taking into account the requirements of this law and adopt the corresponding regulatory legal acts 
    • ensure that military recruiters are operating in TRCs and employment centers 
    • ensure the involvement of state, municipal, and private enterprises, establishments, and organizations in logistical support of military (force) activities during martial law 
  • within two months, ensure the creation and operation of the electronic cabinet of a conscript, person subject to military service, or reservist 
  • within three months: 
    • harmonize their regulatory legal acts with this law 
    • implement an automated data exchange between the Unified State Register of Conscripts, Persons Subject to Military Service, and Reservists and the Centralized Data Bank on Disability and/or provide the Register online access to the Data Bank 
    • develop and submit to the Verkhovna Rada draft bills on improving the mechanisms of rotation of service members during martial law, their discharge from military service, and medical and social rehabilitation 
    • in cooperation with law enforcement agencies, verify the decisions by medical social expert commissions confirming disabilities of Ukrainian male citizens aged 25 to 50 years who were first diagnosed with a disability of group II or III after February 24, 2022, and up to the day this law comes into effect 
  • in 2025, report to the Verkhovna Rada on the progress of implementation of this law. 

Why this is important: the bill is supposed to regulate one of the most sensitive issues for society (mobilization) and, at the same time, solve one of the urgent needs of the army — to ensure the staffing and reserve of the troops for defense against the aggression of the Russian Federation. 

What is right: 

  • minimizes loopholes allowing to evade requisition of vehicles 
  • regulates the process of conscript notice delivery and grants the authorities more powers to address the issue 
  • facilitates the implementation of a unified system of records concerning conscripts, persons liable for military service, and reservists 
  • reduces the number of grounds for deferment from mobilization, leaving only the most important ones 
  • regulates the issue of basic general military training 
  • provides a clear list of tasks for the Cabinet of Ministers to implement this law 
  • regulates the issue of deferment 
  • introduces photo and video recording of ID checks and conscription notice delivery. 

What is wrong: 

  • the option to choose the year and period of basic military service will disrupt the consistent operation of the training centers of the Armed Forces: they will be sometimes idle and sometimes unable to incorporate all conscripts 
  • the prohibition to be a civil servant, an employee of a local self-government body, or a prosecutor without basic general military training makes no sense since these citizens will be eligible for deferment and the completion of the training has no effect on their work performance 
  • there are no penalties for TRC representatives if they do not report the failure of a person subject to military service to arrive at the TRC. This could result in certain corruption risks 
  • improved social security for service members (mortgage compensation under the state yeOselia program, certificates to buy cars, payments for the destroyed enemy vehicles) is not backed by financial and economic justification, which can lead to unrealistic expectations 
  • the requirement that a service member can take leave if no more than 30% of service members of the unit are absent at the same time may prevent service members from taking leave at all, considering the personnel shortage in the army and the general trend of understaffed units 
  • restriction on the right to drive a vehicle applied by administrative courts contradicts the essence of administrative justice. According to the Code of Administrative Procedure, its goal is to protect the rights of individuals from violations by authorities. Such cases are not administrative disputes since they are about personal liability for the failure to fulfill a constitutional duty. Such cases should be considered as a part of the criminal process or as administrative offenses. Furthermore, consideration of such cases in administrative courts will complicate the proceedings 
  • restriction on the right to drive a vehicle only applies to individuals who have the right to drive a vehicle, which discriminates against those who do not have such a right 
  • the bill does not propose any effective mechanisms to ensure that everyone registers with the military. 

Alternative solution: 

  • introduce effective legal mechanisms to hold persons failing the duty to register with the military and update their data at the TRC accountable 
  • regulate the issue with vacations 
  • review the approach to financial incentives considering the limited financial resources of the state. 

Additional information: 

  • article by Oksana Zabolotna: How “legalized” evasion from mobilization undermines the country’s defense capabilities 
  • article by Yana Prots: The updated draft bill on mobilization. What’s new? 
  • Ok, So What? podcast, ep. 141: New mobilization rules: what has changed?