Draft bill #11388 of June 28, 2024 

Sponsor: Ludmyla Buimister, independent MP 

Status: sent for review to the Committee of the Verkhovna Rada on National Security, Defense, and Intelligence 

Who is affected: persons subject to military service, the Cabinet of Ministers, the Ministry of Defense, and territorial centers of recruitment and social support 

Summary: 

  • the Ministry of Defense will be granted the authority to directly manage recruitment centers 
  • the reservation procedure for persons subject to military service will be clarified: 
    • up to 50% of conscripts, persons subject to military service, and reservists in local self-government bodies may be reserved if necessary for the work of the local government 
    • up to 50% of conscripts, persons subject to military service, and reservists may be reserved in foreign embassies and consulates in Ukraine 
    • up to 50% of conscripts, persons subject to military service, and reservists (including those working under employment contracts) at enterprises, institutions, and organizations paying more than 40,000 UAH of a single social contribution (SSC) and having a staff of at least 10 people may be reserved 
    • up to 50% of conscripts, persons subject to military service, and reservists (including those working under employment contracts) may be reserved at enterprises, institutions, and organizations critical to the energy and utility system, as well as the defense industrial complex during a special period 
  • the Cabinet of Ministers will have to establish the Interdepartmental Commission to determine the status of enterprises, institutions, and organizations critical to the economy of Ukraine (hereinafter — the Commission). The Commission should include representatives of the Ministries of Economy, Defense, and Strategic Industries. Also, representatives of the National Security and Defense Council, with their consent 
  • the Commission will require enterprises, institutions, and organizations applying for critical status to have at least 10% combatants, 10% employees under 25, and 10% women on their staff. 

What is right: granting the Ministry of Defense the authority to directly manage recruitment centers aligns with the principle of democratic civil control over the defense sector and the function of the Ministry of Defense to staff the Armed Forces, as defined in the Law on Defense of Ukraine. 

What is wrong:  

  • economic military reservation is discrimination based on property status, which violates Article 24 of the Constitution that prohibits privileges or restrictions based on race, color of skin, political, religious and other beliefs, sex, ethnic and social origin, property status, place of residence, linguistic or other characteristics 
  • the bill undermines the constitutional duty to defend the state 
  • if adopted, it will negatively affect morale in society and the army 
  • there will be a negative impact on the mobilization 
  • the requirement for enterprises, institutions, and organizations applying for critical status to have at least 10% combatants, 10% employees under 25, and 10% women could have a negative effect on their operations. 

Alternative solution:  

  • remove provisions on economic reservation 
  • remove the requirement for enterprises, institutions, and organizations applying for critical status to have at least 10% combatants, 10% employees under 25, and 10% women on their staff. 

Additional information: