Draft bill #12133 of October 18, 2024
Status: sent for review to the Committee on National Security, Defense, and Intelligence
Cosponsors: a group of 6 MPs from the factions European Solidarity, Holos, and Servant of the People and group For the Future with Oleksii Honcharenko as the first signatory
Who is affected: service members, persons subject to military service, diplomatic and consular establishments of Ukraine, and territorial centers for recruitment and social support
Summary:
- 17-year-old cadets of military educational establishments who have prematurely terminated their studies will be referred to register for military service only to district recruitment centers at their place of residence
- new grounds for dismissal from military service will be introduced:
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- raising a child with a disability under the of 18 by a service member
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- the need to care for an ill relative requiring constant assistance confirmed by a medical commission (MSEC or medical advisory commission) if other family members cannot provide such care. The list includes sick spouses, children, parents, and parents-in-law if they require constant attention and care
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- if a half-sibling of a service member died or went missing during combat or the Revolution of Dignity
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- if a close relative of a service member was killed, passed away, or became disabled during military service or mobilization
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- after release from captivity
- military registration of Ukrainians temporarily residing abroad will be conducted by diplomatic and consular establishments of Ukraine. They will be obligated to assist in returning reservists to Ukraine during mobilization and wartime
- military registration of Ukrainians who permanently reside abroad will not be conducted
- those who move abroad for permanent residence will be removed from military registration.
What is right:
- the bill resolves a legal collision when 17-year-old cadets who terminated their training contracts early are sent to military units to serve instead of being registered for military service and receiving a deferral until they reach the age of 25
- the bill addresses issues of dismissal and deferral due to family circumstances.
What is wrong: granting special rights to non-resident citizens of Ukraine violates the principle of equality of all citizens in the eyes of law, especially during wartime.
Alternative solution:
- to establish clear criteria for removal from military registration, such as long-term residence abroad and confirmed status of a permanent resident of another country
- to provide the option to temporarily suspend military registration while living abroad, with mandatory reinstatement of the registration upon return to Ukraine for permanent residence
- to simplify the administrative procedure for removal from military registration via consulates without the need for a person to visit a recruitment center in Ukraine.
How to help the legislator: proposals concerning the draft bill can be sent to the Committee of the Verkhovna Rada of Ukraine on National Security, Defense, and Intelligence