Business calls for finalizing the draft law on mobilization before the second reading

07/ 02/ 2024

Today, the Verkhovna Rada adopted Draft Law No. 10449 in the 1st reading, which proposes to improve the legislation on mobilization. The European Business Association has already expressed its position on this draft law. Thus, the community does not support the document in the current version, in particular, because it contains signs of violation of the Constitution of Ukraine and may have negative consequences for the countrys economy in general. In particular, the following are among the norms that have caused concern for business registration in the conscripts electronic office should not be an obligation, as not all Ukrainian citizens have technical means and access to the Internet; the day of delivery of the call is not the day of its receipt but the day it is sent (for example, to the conscripts electronic office), which means that virtually anyone can be accused of evasion without providing evidence; mandatory military registration of citizens permanently residing abroad is introduced without explaining the purpose and mechanisms for implementing such registration; introduces an obligation to clarify within 60 days from the date of the start of mobilization (i.e., after February 24, 2022) their credentials through the administrative service center or the conscripts electronic cabinet; introduces the obligation of business managers to ensure the delivery of employees liable for military service to the TCR for data clarification - so the question for business is how this should be done since business has the authority to inform, but not to coerce; additional powers of the police and territorial authorities are introduced in terms of mobilization and verification of military records, etc., which will impose additional burdens and uncharacteristic functions on employees, as well as high corruption risks, in particular, pressure on business, etc. At the same time, the business community shared several proposals, including to enshrine in the legislation the 12 months for booking employees to synchronize it with the decision on the criticality of such an enterprise for the national economy; to allow persons liable for military service to update their credentials after the decision to reserve without losing their reservation; to rethink the measures of influence, because now it seems that they will still have more of a corrupt and punitive rather than a motivating component (which the country needs so much), etc. The community sent almost 100 pages of comments and suggestions. Therefore, the European Business Association appeals to Oleksandr Zavitnevych, Head of the Verkhovna Rada Committee on National Security, Defense, and Intelligence, to create a working group to finalize the draft law for the second reading, including business representatives. Otherwise, the consequences for the economy and the country as a whole could be irreparable, and the big question is who will be responsible for them.

Today, the Verkhovna Rada adopted Draft Law No. 10449 in the 1st reading, which proposes to improve the legislation on mobilization.

The European Business Association has already expressed its position on this draft law. Thus, the community does not support the document in the current version, in particular, because it contains signs of violation of the Constitution of Ukraine and may have negative consequences for the country’s economy in general.

In particular, the following are among the norms that have caused concern for business

registration in the conscript’s electronic office should not be an obligation, as not all Ukrainian citizens have technical means and access to the Internet;
the day of delivery of the call is not the day of its receipt but the day it is sent (for example, to the conscript’s electronic office), which means that virtually anyone can be accused of evasion without providing evidence;
mandatory military registration of citizens permanently residing abroad is introduced without explaining the purpose and mechanisms for implementing such registration;
introduces an obligation to clarify within 60 days from the date of the start of mobilization (i.e., after February 24, 2022) their credentials through the administrative service center or the conscript’s electronic cabinet;
introduces the obligation of business managers to ensure the delivery of employees liable for military service to the TCR for data clarification – so the question for business is how this should be done since business has the authority to inform, but not to coerce;
additional powers of the police and territorial authorities are introduced in terms of mobilization and verification of military records, etc., which will impose additional burdens and uncharacteristic functions on employees, as well as high corruption risks, in particular, pressure on business, etc.

At the same time, the business community shared several proposals, including

to enshrine in the legislation the 12 months for booking employees to synchronize it with the decision on the criticality of such an enterprise for the national economy;
to allow persons liable for military service to update their credentials after the decision to reserve without losing their reservation;
to rethink the measures of influence, because now it seems that they will still have more of a corrupt and punitive rather than a motivating component (which the country needs so much), etc.

The community sent almost 100 pages of comments and suggestions.

Therefore, the European Business Association appeals to Oleksandr Zavitnevych, Head of the Verkhovna Rada Committee on National Security, Defense, and Intelligence, to create a working group to finalize the draft law for the second reading, including business representatives. Otherwise, the consequences for the economy and the country as a whole could be irreparable, and the big question is who will be responsible for them.