{"id":12739,"date":"2024-03-12T15:17:20","date_gmt":"2024-03-12T13:17:20","guid":{"rendered":"https:\/\/centreua.org\/?p=12739"},"modified":"2024-03-13T11:50:13","modified_gmt":"2024-03-13T09:50:13","slug":"updated-draft-law-on-mobilization-what-is-new","status":"publish","type":"post","link":"https:\/\/centreua.org\/en\/uncategorized\/updated-draft-law-on-mobilization-what-is-new\/","title":{"rendered":"Updated draft law on mobilization. What is new?"},"content":{"rendered":"

The Cabinet of Ministers of Ukraine has submitted an updated draft law on mobilization to the Verkhovna Rada.<\/span>\u00a0<\/span><\/p>\n

For the changes proposed in it to take effect, the document shall be adopted by Parliament and then signed by the President.<\/span>\u00a0<\/span><\/p>\n

The law will come into force one month after its publication.<\/span>\u00a0<\/span><\/p>\n

The draft law proposes, among other things, to lower the conscription age and expand the powers of the authorities to issue draft notices. A draft notice can be handed down in paper form, sent via the electronic account of a person liable for military service, or sent by e-mail. Basic military training is proposed to be made mandatory for all men under 25.<\/span>\u00a0<\/span><\/p>\n

What other innovations are proposed by the government and whether much has changed compared to the previous version of the draft law are discussed in our article.<\/span>\u00a0<\/span><\/p>\n

How will the draft notices be handed down?\u00a0<\/strong><\/span><\/p>\n

As in the first version of the draft law, the government proposes to clarify the content of the draft notice. The place, day, and time of the person liable for military service’s appearance at the Territorial Recruitment Center (TRC) must be indicated there.\u00a0<\/span>\u00a0<\/span><\/p>\n

The draft law also provides that the National Police will participate in the notification of persons liable for military service together with representatives of the TRC.<\/span>\u00a0<\/span><\/p>\n

The draft notice can be received both in paper and electronic form. It can be sent via the electronic account of a person liable for military service or by e-mail. In this case, the draft notice is considered to be served, and the person shall arrive at the TRC within a certain period of time.\u00a0<\/span>\u00a0<\/span><\/p>\n

Analysts have questions about this provision. “The rule that when a person cannot be handed down a draft notice or a requirement to come to the TRC, this person is considered to have been notified of it does not comply with the principle of legal certainty and is absurd. Instead, in such cases, a person can be notified via the media according to the same procedure that precedes the issuance of decisions in absentia,” said Oksana Zabolotna, an analyst at the Centre of United Actions.<\/span>\u00a0<\/span><\/p>\n

What will happen if you don’t come to the TRC?\u00a0<\/strong><\/span><\/p>\n

A person liable for military service may not come to the TRC only for valid reasons that must be documented. The reasons may be a natural disaster, illness, the death of a close relative, or the actions of the aggressor country, such as a missile strike. But this will need to be confirmed by a certificate. Who can issue such a document? Perhaps it can be issued by the State Emergency Service. The TRC and a person liable for military service will most likely decide whether this was a valid reason for not coming on time in person.<\/span>\u00a0<\/span><\/p>\n

If a citizen does not come to the TRC and the police cannot bring this person there within 15 days from the date in the draft notice, the head of the TRC sends this person a demand to fulfill its duties in electronic or paper form. Those who do not come to the TRC after a call are still wanted, although the legal grounds for this are questionable. This practice is likely to continue.<\/span>\u00a0<\/span><\/p>\n

If a citizen fails to come within 10 days of this request, the TRC submits an application to the court for a temporary restriction on leaving Ukraine, driving a car, and seizure of bank accounts.<\/span>\u00a0<\/span><\/p>\n

The court shall make a decision on the merits of the claims no later than 15 days after the date of commencement of the proceedings.<\/span>\u00a0<\/span><\/p>\n

If the parties do not appear, the court considers the case without them, based on the available materials.<\/span>\u00a0<\/span><\/p>\n

Court decisions in such cases shall be enforced immediately. They can be appealed within 15 days from the date of delivery of the full court decision. But even if a person files an appeal, they still have to comply with the court’s decision.<\/span>\u00a0<\/span><\/p>\n

Oksana Zabolotna, an analyst at the Centre of United Actions, emphasizes that there is no responsibility for the representatives of the TRC if they do not send a statement to the court because of the absence of the person liable for military service. She believes that this may give rise to certain corruption risks.<\/span>\u00a0<\/span><\/p>\n

What will replace military service for a regular term?\u00a0<\/strong><\/span><\/p>\n

Instead of military service for a regular term, the draft law proposes basic military training for citizens aged 18 to 25. It will be mandatory for men. Recruits will be able to choose the year and period of service, and it will last up to 5 months in peacetime and up to 3 months during martial law.<\/span>\u00a0<\/span><\/p>\n

The draft law stipulates that those who are unsuitable for health reasons are exempt from this service. It will also be optional for those who have served in other countries before acquiring Ukrainian citizenship.<\/span>\u00a0<\/span><\/p>\n

The government also proposes to introduce basic general military training (BGMT) starting in 2025 for military specialties in military universities and military units of universities, training centers of the Armed Forces, and law enforcement agencies, as well as in vocational education institutions and universities of all forms of ownership.<\/span>\u00a0<\/span><\/p>\n

Women will be able to undergo basic general military training on a voluntary basis.<\/span>\u00a0<\/span><\/p>\n

Citizens who are fit between the ages of 18 and 25 will be sent for such training. Those who do not pass it will not be able to become civil servants, prosecutors, or police officers.<\/span>\u00a0<\/span><\/p>\n

Age of mobilization and military registration \u2014 what is to be changed?\u00a0<\/strong><\/span><\/p>\n

The new version of the draft law retains the norm that citizens subject to military service will have to register in the electronic office of a conscript, a person liable for military service, or a reservist. The information required will include information about the place of residence and stay, health status, as well as a phone number and e-mail address.\u00a0<\/span>\u00a0<\/span><\/p>\n

The government proposes to mobilize citizens from the age of 25 (currently from the age of 27).<\/span>\u00a0<\/span><\/p>\n

Also, all persons liable for military service will have to update their data within 60 days of the start of mobilization via the administrative service center, TRC, or electronic cabinet.<\/span>\u00a0<\/span><\/p>\n

“Since the previous version of the draft law, the period for clarifying the data has been doubled. Initially, it was 30 days. At that time, we at the Centre of United Actions warned that this could lead to a collapse of the electronic and physical systems. The deadlines have currently become more realistic,” says Oksana Zabolotna.<\/span>\u00a0<\/span><\/p>\n

The following persons will be registered for military service:\u00a0<\/span>\u00a0<\/span><\/p>\n