The Verkhovna Rada (the Ukrainian Parliament) supported the government draft law No. 10449 on military service and mobilization. Changes will be made to the draft law before the second reading.
"The draft law was adopted without the proposals of the committee. Then there are 14 days of amendments until February 21 and then a second reading. That is, the draft law as a whole will most likely be adopted in the last week of February, signed at the beginning of March and will enter into force in a month, i.e. in April," said the MP from the "Voice" faction Yaroslav Zheleznyak.
What the current version of the draft law provides for
- Demobilization and vacations
The draft law defines a clear term of service for the period of martial law — 36 months of continuous service. The release of such servicemen will be determined by the terms in accordance with the decision of the Headquarters of the Supreme Commander-in-Chief.
The revised version also includes basic annual leave during martial law, which can be granted in increments of at least 15 days, and military personnel released from captivity will receive an additional 90 days of leave with pay if they continue to serve.
Mobilization volunteers will have a two-month reprieve to resolve personal matters and prepare for mobilization.
- Exemption from mobilization
People with disabilities of all groups are exempted from military service. There is only one nuance: if the draft law is adopted, then by the end of 2024 all men aged 25 to 55, who after February 24, 2024 (so it is written in the draft law, although 2022 was probably meant) will be diagnosed with disability of the II and III groups, must undergo a second examination for unfitness for military service.
This does not apply to men who received disability of the II and III groups after illness or injury during the defense of Ukraine.
Women and men who have three or more children under the age of 18 are also exempt from the draft, except for those who owe alimony payments.
- Accounting for everyone
The draft law on mobilization obliges citizens to register the electronic account of conscripts, conscripts, reservists on the basis of the "Oberih" register of conscripts.
This will allow you to send summonses to the territorial recruit center (TRC) directly to the electronic cabinet. At the same time, the document does not exclude the delivery of a summons against a receipt.
The day of delivery of the electronic summons shall be considered the day of receipt by the TRC of its delivery to the conscriptʼs electronic account. If it appeared in the electronic cabinet after 5:00 p.m., it will be considered delivered on the working day following dispatch.
If the law enters into force, all citizens who are on military registration must specify their residential address, contact numbers, e-mail addresses and other military registration data within 60 days.
These are men and women (of appropriate professions) aged 25 to 60 who are not currently serving or have not been deregistered. It will be possible to check the data in the e-cabinet (without coming to the TRC), independently check at the TRC or in administrative service centers (ASC).
Those who are abroad will also be able to do this by sending a message to the official e-mail address or phone number indicated on the official website of the TRC at the place of military registration.
- Punishment for evaders
If a citizen voluntarily does not appear before the TRC (in particular, a foreign diplomatic institution of Ukraine) within 10 days from the date of delivery of the summons, he may be restricted in his right to travel outside of Ukraine, and by court decision may be restricted in his right to drive a vehicle, arrest funds and other valuables in banks and other depository institutions.
The TRC may submit an application to the court within 5 days from the date of discovery of the violation. It is considered a violation if the conscript does not come to the TCC on the 10th day from the moment of delivery of the summons.
The draft law also defines good reasons that can justify non-appearance at the TRC within the terms specified by the summons:
- natural obstacle;
- conscriptʼs illness;
- the actions of the aggressor country or other circumstances that prevented the possibility of arriving at the specified point and time;
- death of a close relative (parents, spouse, child, siblings, grandfather, grandmother) or a close relative of the wife/husband.
The reasons for non-arrival must be reported to the TRC within three days from the end date specified in the summons.
They plan to block the accounts of even those evaders who are currently abroad, because failure to appear at a foreign diplomatic institution of Ukraine, if the citizen is abroad, will also be considered a violation.
The court must make a decision on the merits of the claims no later than 15 days after the opening of the proceedings in the case. His decision will be immediately enforceable, but may be challenged in an appeals court.
The seizure from the accounts will be able to be removed only when the TRC withdraws its demand.
- Services in diplomatic institutions
Abroad, Ukrainians aged 18 to 60 who are conscripts, conscripts or reservists will be able to use services in diplomatic institutions only if they have military registration documents.
An exception is the registration of a certificate for returning to Ukraine, registration of inheritance or documents for children, if one of the parents is a foreigner. Also, applications to the embassy can be submitted by those arrested, detained or deprived of liberty abroad.
- Service of foreigners and stateless persons
Foreigners and stateless persons who want to go to serve are suggested to apply to recruiting centers, ASC, employment centers, TRC at the place of residence or temporary stay or directly to the military unit. During martial law, they can terminate the contract at their own will, but not earlier than after six months of continuous service.
Other provisions of the draft law
- After mobilization, citizens undergo mandatory military training for 2-3 months (without this, a person cannot be sent to the front).
- The conscription age is reduced from 27 to 25 years.
- Conscription is abolished, and basic military training for five months is introduced instead.
- Civil servants will no longer have a deferment from the draft (the armor of mayors, heads of village councils and territorial communities is preserved).
- Financial support — from 20 thousand hryvnias without taking into account the additional award, which for the period of martial law will be from 30 to 100 thousand hryvnias.
- In order to travel abroad, all men between the ages of 18 and 60 must additionally present a military ID with a deregistration note.
On February 5, the European Business Association asked the parliament not to adopt the government draft law No. 10449 on the rules of mobilization without finalization. They emphasize that there are a number of contradictory norms. The community also called for consideration of the possibility of an additional worker booking tool. The next day, Zelensky announced a new mechanism for booking employees of enterprises.