Draft bill #12093 of October 4, 2024 

Status: sent for review to the Law Enforcement Committee of the Verkhovna Rada 

Cosponsors: 18 MPs from the Servant of the People faction and the Trust group with Serhii Ionushas as the first signatory 

Who is affected: citizens of Ukraine, service members, persons subject to military service, reservists, the Armed Forces of Ukraine, other military units, territorial centers for recruitment and social support, and courts 

Summary: 

  • persons subject to military service who have not updated their military accounting data without valid reasons will be allowed to initiate a case for imposition of a fine on themselves via Reserve+ 
  • if a person applies voluntarily, they will pay 50% of the minimum fine specified in the article concerning such violations (8500 UAH) 
  • if a summons is returned to the recruitment center with notes on non-delivery or refusal to accept it, it will be a sufficient reason for imposing an absent fine against the addressee without drafting a protocol 
  • it will be possible to send copies of the fines imposed by recruitment centers to the persons subject to military service via Reserve+ or email 
  • it will be allowed to use information from the Oberih Registry as evidence in court 
  • if a fine is not paid within 30 days, the fine decision will be forwarded to the executor. The executor will start the forced collection process: blocking accounts and taking other measures to collect the funds. 

What is right: the bill will allow to use information from the Unified State Register of Conscripts, Persons Subject to Military Service, and Reservists as evidence in court. Courts will no longer be in doubt whether to consider information from the Oberih Registry as evidence of an offense. 

What is wrong: 

  • instead of proving the guilt of a person subject to military service in evading mobilization, the bill proposes to consider them guilty based solely on non-receipt of a summons. This contradicts the fundamental principles of fair trial 
  • the option to pay a discounted fine may encourage some persons subject to military service to deliberately withhold from updating their data, only to later formally “punish” themselves with a minimal fine, avoiding more serious consequences. 

Alternative solution: 

  • to remove the article imposing an absent fine without drafting a protocol for non-receipt of a summons 
  • for individuals with valid reasons for the untimely data updating, a case-by-case approach and deferrals could be used 
  • to strengthen the information campaign on the importance of military registration and responsibility for its violation. Meanwhile, recruitment centers should abide by the law in their operations. 

How to help the legislator: proposals concerning the draft bill can be sent to the Law Enforcement Committee of the Verkhovna Rada. 

Additional information: 

  • article by Iryna Korzhenkova and Yana Prots: Do employers have to deliver conscription notices to employees, military registration for women, and other mobilization questions