Draft bill #10378 of December 25, 2023 

Sponsor: the Cabinet of Ministers of Ukraine 

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

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

Summary: 

Leave for service members 

  • annual regular leave for service members will have to be used in parts of not less than 15 days 
  • for those released from captivity, an additional paid leave of 90 days will be provided. 

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 liable for military service, and reservists, as well as persons liable for 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 

  • it will be allowed to requisite vehicles owned by private entrepreneurs 
  • the Foreign Intelligence Service and the Main Intelligence Directorate will also have the right to requisite private vehicles 
  • 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. 

Conscription notice delivery 

  • the content of a conscription notice will be specified: the notice will have to indicate the place, day, and time for a person liable for military service to arrive at the territorial center for recruitment and social support 
  • it will be allowed to deliver a conscription notice: 
    • on the premises of a recruitment center — by the representatives of the center 
    • at the place of residence and in public places — by the representatives of a recruitment center or police officers 
    • at the workplace — by representatives of a recruitment center, police officers, or employer 
    • via the online cabinet of a conscript, person liable for military service, or reservist or via e-mail. 

What will happen if a person does not arrive at a recruitment center: 

  • prohibition to travel abroad 
  • prohibition to buy or sell movable or immovable property 
  • restriction of the right to drive a car and receive a driver’s license 
  • restriction of the right to use money and other valuables 
  • prohibition to enter into credit or loan agreements 
  • suspension of benefits and services provided by the state. 

Military registration document 

  • citizens will be obliged to register in the online cabinet of a conscript, person liable for military service, or reservist, undergo a medical examination and be treated in accordance with the decisions of a military medical commission or recruitment center 
  • person liable for military service will be obliged to update their data at an administrative service center, recruitment center, or via an online cabinet within 60 days from the start of mobilization or 20 days from its extension 
  • during the mobilization, citizens aged 18 to 60 years will be required to carry their military registration documents 
  • while martial law is declared in Ukraine, consular services for men aged 18 to 60 years and liable for military service will be provided at foreign diplomatic institutions only if these men have military registration documents. Only the following services will be available without the documents: issuance of a pass to return to Ukraine, notary services concerning inheritance, threat to life and health, arrest, detention, or imprisonment abroad. 

Mobilization age, deferment, and discharge from military service 

  • it will be allowed to mobilize citizens aged 25 years to 60 years 
  • “partial fitness” status will be abolished 
  • mobilized persons will be allowed to apply for discharge after continuous service during martial law for 36 months 
  • the following citizens will have the right to deferment: 
    • persons with a disability of groups I and II 
    • persons who take permanent care of their parents and the need for such care is confirmed by a military medical commission 
    • persons who have a wife, parents, or wife’s parents with a disability of groups I and II 
    • guardians of a person with a disability of groups I or II, declared incapable by the court 
    • women on maternity leave 
    • pregnant women 
    • MPs of the current convocation 
    • persons discharged to the reserve including those discharged after the release from captivity. 
  • Also, it will not be allowed to mobilize: 
    • 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 
    • postgraduate students who study full-time or under a dual form 
    • full-time scientific and pedagogical employees of educational establishments. 

Officials eligible for deferment: 

  • state officials of category A 
  • state officials of categories B and C — up to 50% of the number of employees liable for military service in the corresponding state or local government body 
  • employees of local self-government bodies if they are essential for the proper functioning of these bodies. 

Basic military service and basic military training (BMT) 

  • instead of conscript military service, basic military service will be introduced for all citizens under 25. They will be able to choose the year and period of their service 
  • the term of basic military service: during peacetime — up to 5 months, while martial law is declared — for terms specified in the respective presidential decree 
  • basic military training (BMT) 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) 
  • BMT will be organized for citizens aged 18 to 25 
  • without BMT or basic military service, citizens will not be eligible to become civil servants, prosecutors, or police officers. 

Transition Period 

  • citizens who have military registration will be required to specify their residential address, contact phone number, email address, and other military record information within 30 days: 
    • if they are in Ukraine, they will have to visit a recruitment center or administrative service center 
    • if they are abroad, they will have to provide the information to the official email address or phone number listed on the recruitment center’s official website 
    • regardless of the location — via the online cabinet of a conscript, person liable for military service, or reservist 
  • Ukrainian citizens who were previously deemed partially fit by a military medical commission will have to undergo another medical examination within 6 months from the date this bill comes into effect 
  • Ukrainian citizens — students of educational establishments who had the right to a deferment but lost it will still be allowed to complete their full academic year. 

Why this is important: the draft bill addresses one of the most sensitive issues for society (mobilization) and, at the same time, meets one of the urgent needs of the army — to ensure the staffing and reserve of the army to protect the state against the aggression of the Russian Federation. 

What is right: 

  • ensures that service members will be able to rest and recuperate after captivity 
  • minimizes loopholes allowing to evade requisition of vehicles 
  • regulates the process of conscript notice delivery and grants the authorities more powers concerning this 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. 

What is wrong: 

  • shifts the problem of summoning citizens to local self-government bodies. This does not ensure a unified state policy on the matter of conscription and mobilization. Also, it is not a usual duty of local self-governments 
  • it is unclear how penalties for the failure to arrive at a recruitment center will be applied. They will be applied by a court for each individual case 
  • there is no legal certainty regarding the abolishment of the “partial fitness” status 
  • most likely, it will be impossible to implement the provision about discharge after 36 months of continuous service due to the scale of war, the lack of citizens prepared for active duty, and the threat of losing the most experienced service members 
  • there are no quantitative limitations on the deferment of local government officials 
  • 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, prosecutor, or police officer without basic military training makes no sense since these citizens will be eligible for deferment 
  • it will be impossible to verify data within 30 days, as the relevant authorities will not be able to process several million applications within a month. 

Alternative solution: the bill requires significant amendments. The issue of mobilization should not be a tool in political struggle. 

How to help the legislator: proposals concerning the draft bill can be sent to the Verkhovna Rada Committee on National Security, Defense, and Intelligence. 

Additional information: article by Oksana Zabolotna: How “legalized” evasion from mobilization undermines the country’s defense capabilities.