Mobilization Law: What Awaits Men and Businesses in Ukraine?

26/ 04/ 2024

President of Ukraine Volodymyr Zelenskyy signed the Law on Mobilization, after which the latter was published and will enter into force in mid-May, except for certain provisions that will enter into force at the end of the year. Lets find out what potential changes this legal act hides for domestic business and citizens of military age. Changes in Business Sector. Obviously, the mobilization law will affect businesses whose main asset is human resources. The text of the law sets out conditions that affect local businesses, and, given the practice, foreign companies, including those with permanent establishments in Ukraine, may also be affected. In particular, this applies to the retention of the status of a critical enterprise. As before, businesses will be able to obtain this status and thus be able to book their employees. In addition, there are several more entities that will be able to rely on this special status. The procedure for obtaining the status of a critical enterprise is set out in the Resolution of the Cabinet of Ministers of Ukraine No. 76 dated 27.01.2023. However, this may change in the near future, as the newly adopted Law states that the Cabinet of Ministers, together with the Verkhovna Rada Committee on National Security, Defense and Intelligence, should review the criteria for granting enterprises with critical importance status. For enterprises that officially have the status of critically important, the new law provides for the provision of mobilization booking not only for officially employed employees, but also for its beneficial owners. In turn, it is worth noting that the deferral will be granted to employees of the company only if they are registered in a special military registry. It should be noted that no employee will be able to change from general to special military registration on their own. To do this, they will have to visit the territorial center for recruitment and social support (TCR and SS) to update their data. Failure to do so may result in the employee remaining in the general register and not being able to obtain a deferral from mobilization. Also, a new obligation is introduced for companies. From now on, they will have to issue deferrals for employees to the TCR and SS directly at the companys location. In theory, this should greatly simplify and speed up the process of obtaining information on booked employees by the TCR and SS and not waste time on idle work of sending requests for information on employees to companies. Cooperation with Authorities. The main document for business is still the Procedure for Organizing and Maintaining Military Registration of Conscripts, Persons Liable for Military Service and Reservists, approved by the Cabinet of Ministers of Ukraine on 30 December 2022, No. 1487. There is a chance that certain changes will take place later, but for now, the current procedure remains relevant. As for notifying employees of a summons to the TCR and SS at its request, the Law contains an updated version of part 1 of Article 38 of the Law of Ukraine On Military Duty and Military Service. However, this provision has not been critically changed, so, as before, at the request of the TCR and SS, the employer is obliged to notify the employee of his call-up by the center. To do so, the director should issue an appropriate order to familiarize the employee with the centers order, serve the summons (if it is attached) and release the employee from work for the period necessary for him to get there, undergo a military medical commission (MMC), if necessary, and update his data in the TCR and SS. Herewith, it is now envisaged that the employer will be obliged to take informational, organizational and technical measures to ensure the employees arrival at the TCR and SS on the date, place and time specified by the order. However, it is not yet clear what is meant by information, organizational and technical measures. The law does not contain such clarifications. In order to provide the TCR and SS with a report on the implementation of the above actions, it is sufficient, as before, to send a copy of the order/instruction on notifying the employee by Ukrposhta to the center. In the event of a business trip, vacation or temporary disability of the employee, the center should also be notified. Upon the employees return from a business trip, vacation or disability, the company must familiarize him with the order of the TCR and SS, and then report on its actions to the center. It is expected that by 17 May 2024 inclusive, the Government of Ukraine will have to develop and approve a procedure for conscripting citizens for military service during mobilization. The document should describe the procedure for notification and arrival of citizens to the TCR and SS. Military Accounting at Permanent Representative Offices. At the beginning of the article, we also mentioned the possible impact of the adopted law on permanent representative offices. Thus, it is already known about a case when a permanent representative office of a foreign legal entity received a request from the TCR and SS to provide certain information regarding military registration, although the approved procedure for military registration does not provide for the obligation of such representative offices to carry out personal military registration. Vehicles Registered in TCR and SS. The Law stipulates that vehicles registered in the TCR and SS (condition 1) and intended for the replenishment of the Armed Forces of Ukraine (condition 2) cannot be moved to other regions of Ukraine or outside the country, and cannot be sold, leased or transferred to third parties as a pledge or under guarantees to banking institutions. There is an exception for renting (leasing), pledging or guaranteeing them if it was done before 17 May 2024. Starting from 18 December 2024, the Ministry of Internal Affairs will have to report to the TCR and SS on vehicles that may be seized for the needs of the Armed Forces. However, it is still possible that the legislation may be amended before that time to allow for the seizure of vehicles earlier. Duties and Responsibilities of Companies Directors. From now on, hiring a new employee without his personal military registration, including without having a military registration document, means a direct risk of bringing to administrative liability for the director of such an enterprise or the person responsible for military registration. Thus, part 1 of Article 42 was supplemented by the phrase registration for military service, which in the context of this provision means the liability of the directors of enterprises for registration, which obviously requires a military registration document. It was not possible to hire without such a document before, but in addition to the relevant provision in the Labor Code of Ukraine, the Law of Ukraine On Military Duty and Military Service now has a better tie-in to this, providing the TCR and SS with better legal tools to bring directors or persons liable for military registration to liability. In addition, it cannot be excluded that this provision in the new version will also serve law enforcement officers in case of an attempt to bring these business entities to criminal liability under Article 114-1 Obstruction of the lawful activities of the Armed Forces of Ukraine and other military formations of the Criminal Code of Ukraine. There is a basis for legal liability here, since, as provided for in the Regulation on the Centers (Government Resolution No. 154 dated 23 February 2022), the director of the center represents the interests of the Armed Forces of Ukraine (AFU) to companies and citizens. Therefore, it is possible that the absence of military registration at a company may be considered an obstacle to the legitimate activities of the Armed Forces of Ukraine. It is interesting that the day before the adoption of the Law, the Verkhovna Rada of Ukraine adopted in the first reading the draft law No. 10379 on strengthening liability. This draft law was registered on 25 December 2023, the day when the first draft law in this matter, No. 10378, was registered. The adopted draft law No. 10379 provides for an increase in the administrative fine during the special period: for citizens, starting with a range of UAH 8.500 – 17.000, ending with a range of UAH 34.000 – 54.000, for officials (including businesses) a range of UAH 153.000 – 204.000 is proposed. However, it is not entirely clear how such fines will be calculated: for each individual violation in terms of military registration (there are many such obligations), or a single fine for all violations. In the first case, the amount for companies can reach millions of hryvnias. In addition, there is still a possibility that after the draft law is reviewed by the relevant parliamentary committee, the amount of fines will be revised and reduced. Notes: * The special period means the period starting from 17.03.2014, after the entry into force of the Decree of the President of Ukraine On partial mobilization No. 303/2014 dated 17 March 2014, signed by the Acting President of Ukraine, the Chairman of the Verkhovna Rada of Ukraine, and until the President of Ukraine makes a relevant decision to transfer state institutions to peacetime operation. Restrictions on Driving Vehicles. Such restrictions will apply only to individuals, i.e., people. Companies will be affected only if they have their own fleet of vehicles, and only indirectly. The actual instrument for implementing this restriction is provided by the Law. If the TCR and SS are unable to summon an individual to update his data and undergo the MMK, they may seek to restrict the persons driving through the court. For companies with their own fleet of vehicles, this may mean significant disruption of logistics chains and, accordingly, negative consequences for business. What Awaits Citizens?. The text of the Law provides for a more effective procedure for conducting mobilization activities and a mechanism of legal influence for evasion of the centers requirements. Data Clarification and Military Registration. All persons liable for military service, reservists and conscripts will have seven days to notify the center, among other things, of any changes to their phone number and e-mail address. All relevant citizens will have a 60-day period to update their credentials in the TCR and SS. This includes the e-mail, phone numbers, etc. too. The 60-day period will start on 18 May 2024. And in the future, it will be necessary to do so within 60 days from the date of entry into force of the decree of the President of Ukraine on the announcement of mobilization approved by the Verkhovna Rada of Ukraine. It will be possible to enter your current data in the personal cabinet of a conscript, reservist or person liable for military service, which has to be established by the Cabinet of Ministers by 17 June 2024. Currently, this is a voluntary registration of citizens. Instead, administrative service centers (ASCs) will be able to act as the main bridge between the citizen and the TCR and SS. However, as of 23 April 2024, the ASCs report that they do not have administrative service information cards at their disposal, and therefore they do not yet understand how the data update will work. In particular, it is still unclear: Whether it will be necessary to go to the ASC at the place of registration or to any ASC; What documents will be required: all those that confirm the information specified in Article 7 of the Law on the Electronic Register (No. 1951-VIII of 16 March 2017)? There are a lot of them; What about updating directly through the TCR and SS, is it possible to update the data through a representative? So far, these questions remain unanswered. Summonses. The form of the summons is expected to be adjusted. This means a change in the form that will potentially allow TCR and SS to issue summonses without reference to the order of the head of the TCR and SS. In other words, representatives of the centers will now be able to hand out summonses issued on the spot. Moreover, a refusal to accept a summons will be a violation of the law. Sending summonses electronically is not yet envisaged as an official method, but this provision may still be finalized. However, the Law provides for signing summonses with an electronic digital signature. Citizens who register an electronic cabinet will be able to receive them there. At the same time, the Law stipulates that citizens who come to the TCR and SS without a summons and intend to join the Armed Forces will be given 2 months to undergo the MMK and resolve their personal affairs before being mobilized. This is an issue that worried people who wanted to mobilize but did not understand how much time they would have to settle their affairs; and once they started settling their affairs, the desire to mobilize had already disappeared. A reasonable norm is the way to effective mobilization. Procedure for Receiving Summons. From now on, citizens will be required to present an identity document not only to police representatives, but also to TCR and SSs. In addition, every citizen will now be required to carry a military registration document and present it at the request of the above-mentioned persons. Employees of the State Border Guard Service of Ukraine (SBGS) will be granted similar rights. If a citizen has a deferral from mobilization, except in cases specified by the Cabinet of Ministers, but does not have a military registration document, he may be refused to cross the state border to leave. Starting from 17 July 2024, employees of the TCR and SS and the police will be entitled to check documents, recording it on body cameras, tablets, phones, etc. In the meantime, representatives of TCR and SS will now have to present their documents at the request of citizens. Refusal to do so will entitle a citizen to refuse to receive a summons. The Law officially approves a list of reasons why a citizen may not appear under a summons. This can be done in the event of illness, natural disasters, military operations in the territory of residence, death of a close relative or other circumstances that prevent the receipt of a summons. In other words, citizens will have the opportunity to prove force majeure circumstances that prevented them from receiving the summons. If there is one of the above reasons for failure to appear at the TCR and SS, the citizen will be obliged to report force majeure circumstances within three days from the date and time of arrival at the TCR and SS specified in the summons, to report the reasons for failure to appear by directly contacting the TCR and SS, or in any other way with subsequent arrival at the TCR and SS within a period not exceeding seven calendar days. Medical Commission. By 17 July 2024 (inclusive), the Cabinet of Ministers, together with law enforcement agencies, will be obliged to take measures to verify the validity of decisions of medical and social expert commissions regarding the granting of disability to men aged 25 to 50. This applies to citizens who have been (or will be) first diagnosed with disabilities of II and III groups (with certain exceptions) after 24 February 2022 and before 18 May 2024. Conscription Measures. As for conscription itself, the Government of Ukraine is obliged to develop a procedure for conscription during mobilization. As noted, this may impose certain obligations on citizens. In particular, the Government will have to develop a procedure that provides for the interaction of the TCR and SS and the police in the process of detaining persons who do not appear upon summons. In addition, the procedure should also set out the algorithm for granting deferrals from military service, the organization of medical examinations and the procedure for registration for military service for the duration of mobilization. Conscription of Women. In fact, the new mobilization law does not contain any changes regarding the conscription of women for military service. All women registered for military service can be called up for military service voluntarily. There are certain questions to the legal technique in terms of amendments to parts 11 and 12 of Article 1 of the Law of Ukraine On Military Duty and Military Service, but this is the subject of a separate comment. Deferral from Mobilization. The Cabinet of Ministers is obliged to develop a procedure for granting deferrals to citizens. The procedure may include a list of documents to be submitted by citizens, including through an electronic register. The new law provides for the loss of the right to deferment for some groups of the population. From now on, men with many children who are in arrears in the payment of alimony in excess of three months payment will not be able to avoid mobilization. In addition, the right to deferment will be lost by citizens whose spouse has a disability group III (with certain exceptions), as well as whose spouses parents have a disability group I or II, or who have a daughter or son who is not liable for military service. The same applies to students who are re-enrolling in a bachelors or masters degree program, or masters students who are re-enrolling in a bachelors degree program in another specialty. Such students are entitled to complete an academic year, after which they may be mobilized, provided they are fit for military service and there are no other grounds for deferral. The issue of the right to deferment for persons who have studied for a PhD degree but did not defend their dissertation and now wish to resume their postgraduate studies to defend their research remains unresolved. However, this is also a topic for a separate post. If Citizen is Outside Ukraine. Citizens who have undergone a special procedure for traveling abroad for a period of three months or more will have to register for military service. They will have to do this within the next 30 days from the date of entry into force of the Governments resolution that will determine the procedure for military registration for such citizens. The Government of Ukraine will have until 17 May 2024 to develop and approve such a procedure. As for Ukrainian citizens permanently residing abroad, they must also register. However, the Government has not yet developed an algorithm for implementing this obligation. It is envisaged that consular actions in foreign diplomatic missions of Ukraine will be carried out only if they have valid military registration documents. In case such documents are not available, consular actions will be performed subject to their simultaneous updating. Preparations for such actions are already underway, in particular, certain consular services have been suspended for men of military age abroad. However, such restrictions should not apply to: issuance of an identity card for returning to Ukraine; performing consular actions in relation to children of a citizen of Ukraine whose second parent is a foreigner or stateless person; performing actions upon applications of Ukrainian citizens who are under arrest, detained or imprisoned abroad; under martial law, issuance of a passport of a citizen of Ukraine and a passport of a citizen of Ukraine for traveling abroad to male citizens of Ukraine aged 18 to 60 will be subject to the availability of military registration documents. The Law states that citizens can update their data via the official e-mail address or official phone number listed on the official website of the TCR and SS. However, it is not yet clear which websites are official. No such consolidated information is currently available. Introduction of Basic Military Training. From now on, all Ukrainian citizens aged 18 to 25 will have to undergo basic military training. It is assumed that people will be able to choose when to undergo training. Liability for Violation of Mobilization Legislation. The Law establishes a mechanism of legal influence on citizens who unlawfully ignore their duties during mobilization measures. Thus, in case of violation of mobilization obligations by a citizen, the head of the TCR and SS may request the national police to detain the offender and bring him to the TCR and SS. If the citizen cannot be detained and brought to the TCR and SS, the head of the center may send a written request to fulfill the obligations within 5 days. The Law refers to sending such a request by mail but does not specify whether such notifications will be sent in the electronic cabinet. If, after sending such a notice to a citizen, he does not voluntarily fulfill the obligation within 10 days, the head of the center may apply to the court to restrict such a citizen from driving vehicles. However, it should be noted that a citizen may be restricted from driving only if it is impossible to administratively detain and bring the person to the TCR and SS by the police. The Law also provides for the impossibility of applying restrictive actions if the vehicle is the main source of a persons livelihood. However, it is still unclear what constitutes such a main source. For example, in practice, this restriction may be applied to employees of enterprises who use a vehicle, but it is not critically necessary for the provision of services or work. They also do not have the right to confiscate a vehicle when a person uses it in connection with a disability or the dependency of a person with a disability of group I-II or a child with a disability. What to Expect?. The Law has now been adopted and we just have to wait for its entry into force. This will happen on 18 May 2024 and concerns the main provisions, with the exception of certain provisions concerning military transport duty, which will start working on 18 December 2024. It is also worth noting that in order to put all of the above procedures into force, the Cabinet of Ministers must make a number of changes to the bylaws by 17 July 2024. In other words, it is not yet clear how all the provisions of the Law will work and whether they will work at all.

Changes in Business Sector

Obviously, the mobilization law will affect businesses whose main asset is human resources. The text of the law sets out conditions that affect local businesses, and, given the practice, foreign companies, including those with permanent establishments in Ukraine, may also be affected. In particular, this applies to the retention of the status of a critical enterprise. As before, businesses will be able to obtain this status and thus be able to book their employees. In addition, there are several more entities that will be able to rely on this special status.

The procedure for obtaining the status of a critical enterprise is set out in the Resolution of the Cabinet of Ministers of Ukraine No. 76 dated 27.01.2023. However, this may change in the near future, as the newly adopted Law states that the Cabinet of Ministers, together with the Verkhovna Rada Committee on National Security, Defense and Intelligence, should review the criteria for granting enterprises with critical importance status.

For enterprises that officially have the status of critically important, the new law provides for the provision of mobilization booking not only for officially employed employees, but also for its beneficial owners. In turn, it is worth noting that the deferral will be granted to employees of the company only if they are registered in a special military registry. It should be noted that no employee will be able to change from general to special military registration on their own. To do this, they will have to visit the territorial center for recruitment and social support (TCR and SS) to update their data. Failure to do so may result in the employee remaining in the general register and not being able to obtain a deferral from mobilization.

Also, a new obligation is introduced for companies. From now on, they will have to issue deferrals for employees to the TCR and SS directly at the company’s location. In theory, this should greatly simplify and speed up the process of obtaining information on booked employees by the TCR and SS and not waste time on idle work of sending requests for information on employees to companies.

Cooperation with Authorities

The main document for business is still the Procedure for Organizing and Maintaining Military Registration of Conscripts, Persons Liable for Military Service and Reservists, approved by the Cabinet of Ministers of Ukraine on 30 December 2022, No. 1487.

There is a chance that certain changes will take place later, but for now, the current procedure remains relevant.

As for notifying employees of a summons to the TCR and SS at its request, the Law contains an updated version of part 1 of Article 38 of the Law of Ukraine “On Military Duty and Military Service”. However, this provision has not been critically changed, so, as before, at the request of the TCR and SS, the employer is obliged to notify the employee of his call-up by the center. To do so, the director should issue an appropriate order to familiarize the employee with the center’s order, serve the summons (if it is attached) and release the employee from work for the period necessary for him to get there, undergo a military medical commission (MMC), if necessary, and update his data in the TCR and SS.

Herewith, it is now envisaged that the employer will be obliged to take “informational, organizational and technical measures” to ensure the employee’s arrival at the TCR and SS on the date, place and time specified by the order. However, it is not yet clear what is meant by “information, organizational and technical measures”. The law does not contain such clarifications.

In order to provide the TCR and SS with a report on the implementation of the above actions, it is sufficient, as before, to send a copy of the order/instruction on notifying the employee by Ukrposhta to the center. In the event of a business trip, vacation or temporary disability of the employee, the center should also be notified. Upon the employee’s return from a business trip, vacation or disability, the company must familiarize him with the order of the TCR and SS, and then report on its actions to the center.

It is expected that by 17 May 2024 inclusive, the Government of Ukraine will have to develop and approve a procedure for conscripting citizens for military service during mobilization. The document should describe the procedure for notification and arrival of citizens to the TCR and SS.

Military Accounting at Permanent Representative Offices

At the beginning of the article, we also mentioned the possible impact of the adopted law on permanent representative offices. Thus, it is already known about a case when a permanent representative office of a foreign legal entity received a request from the TCR and SS to provide certain information regarding military registration, although the approved procedure for military registration does not provide for the obligation of such representative offices to carry out personal military registration.

Vehicles Registered in TCR and SS

The Law stipulates that vehicles registered in the TCR and SS (condition 1) and intended for the replenishment of the Armed Forces of Ukraine (condition 2) cannot be moved to other regions of Ukraine or outside the country, and cannot be sold, leased or transferred to third parties as a pledge or under guarantees to banking institutions. There is an exception for renting (leasing), pledging or guaranteeing them if it was done before 17 May 2024.

Starting from 18 December 2024, the Ministry of Internal Affairs will have to report to the TCR and SS on vehicles that may be seized for the needs of the Armed Forces. However, it is still possible that the legislation may be amended before that time to allow for the seizure of vehicles earlier.

Duties and Responsibilities of Companies’ Directors

From now on, hiring a new employee without his personal military registration, including without having a military registration document, means a direct risk of bringing to administrative liability for the director of such an enterprise or the person responsible for military registration. Thus, part 1 of Article 42 was supplemented by the phrase “registration for military service”, which in the context of this provision means the liability of the directors of enterprises for registration, which obviously requires a military registration document. It was not possible to hire without such a document before, but in addition to the relevant provision in the Labor Code of Ukraine, the Law of Ukraine “On Military Duty and Military Service” now has a better “tie-in” to this, providing the TCR and SS with better legal tools to bring directors or persons liable for military registration to liability. In addition, it cannot be excluded that this provision in the new version will also serve law enforcement officers in case of an attempt to bring these business entities to criminal liability under Article 114-1 “Obstruction of the lawful activities of the Armed Forces of Ukraine and other military formations” of the Criminal Code of Ukraine. There is a basis for legal liability here, since, as provided for in the Regulation on the Centers (Government Resolution No. 154 dated 23 February 2022), the director of the center represents the interests of the Armed Forces of Ukraine (AFU) to companies and citizens. Therefore, it is possible that the absence of military registration at a company may be considered an obstacle to the legitimate activities of the Armed Forces of Ukraine.

It is interesting that the day before the adoption of the Law, the Verkhovna Rada of Ukraine adopted in the first reading the draft law No. 10379 on strengthening liability. This draft law was registered on 25 December 2023, the day when the first draft law in this matter, No. 10378, was registered. The adopted draft law No. 10379 provides for an increase in the administrative fine during the special period: for citizens, starting with a range of UAH 8.500 – 17.000, ending with a range of UAH 34.000 – 54.000, for officials (including businesses) a range of UAH 153.000 – 204.000 is proposed. However, it is not entirely clear how such fines will be calculated: for each individual violation in terms of military registration (there are many such obligations), or a single fine for all violations. In the first case, the amount for companies can reach millions of hryvnias. In addition, there is still a possibility that after the draft law is reviewed by the relevant parliamentary committee, the amount of fines will be revised and reduced.

Notes:

* The “special period” means the period starting from 17.03.2014, after the entry into force of the Decree of the President of Ukraine “On partial mobilization” No. 303/2014 dated 17 March 2014, signed by the Acting President of Ukraine, the Chairman of the Verkhovna Rada of Ukraine, and until the President of Ukraine makes a relevant decision to transfer state institutions to peacetime operation.

Restrictions on Driving Vehicles

Such restrictions will apply only to individuals, i.e., people. Companies will be affected only if they have their own fleet of vehicles, and only indirectly. The actual instrument for implementing this restriction is provided by the Law. If the TCR and SS are unable to summon an individual to update his data and undergo the MMK, they may seek to restrict the person’s driving through the court.

For companies with their own fleet of vehicles, this may mean significant disruption of logistics chains and, accordingly, negative consequences for business.

What Awaits Citizens?

The text of the Law provides for a more effective procedure for conducting mobilization activities and a mechanism of legal influence for evasion of the center’s requirements.

Data Clarification and Military Registration

All persons liable for military service, reservists and conscripts will have seven days to notify the center, among other things, of any changes to their phone number and e-mail address.

All relevant citizens will have a 60-day period to update their credentials in the TCR and SS. This includes the e-mail, phone numbers, etc. too. The 60-day period will start on 18 May 2024. And in the future, it will be necessary to do so within 60 days from the date of entry into force of the decree of the President of Ukraine on the announcement of mobilization approved by the Verkhovna Rada of Ukraine.

It will be possible to enter your current data in the personal cabinet of a conscript, reservist or person liable for military service, which has to be established by the Cabinet of Ministers by 17 June 2024. Currently, this is a voluntary registration of citizens.

Instead, administrative service centers (ASCs) will be able to act as the main bridge between the citizen and the TCR and SS. However, as of 23 April 2024, the ASCs report that they do not have administrative service information cards at their disposal, and therefore they do not yet understand how the data update will work. In particular, it is still unclear:

Whether it will be necessary to go to the ASC at the place of registration or to any ASC;
What documents will be required: all those that confirm the information specified in Article 7 of the Law on the Electronic Register (No. 1951-VIII of 16 March 2017)? There are a lot of them;
What about updating directly through the TCR and SS, is it possible to update the data through a representative?

So far, these questions remain unanswered.

Summonses

The form of the summons is expected to be adjusted. This means a change in the form that will potentially allow TCR and SS to issue summonses without reference to the order of the head of the TCR and SS. In other words, representatives of the centers will now be able to hand out summonses issued on the spot. Moreover, a refusal to accept a summons will be a violation of the law. Sending summonses electronically is not yet envisaged as an official method, but this provision may still be finalized. However, the Law provides for signing summonses with an electronic digital signature. Citizens who register an electronic cabinet will be able to receive them there.

At the same time, the Law stipulates that citizens who come to the TCR and SS without a summons and intend to join the Armed Forces will be given 2 months to undergo the MMK and resolve their personal affairs before being mobilized. This is an issue that worried people who wanted to mobilize but did not understand how much time they would have to settle their affairs; and once they started settling their affairs, the desire to mobilize had already disappeared. A “reasonable” norm is the way to effective mobilization.

Procedure for Receiving Summons

From now on, citizens will be required to present an identity document not only to police representatives, but also to TCR and SS’s. In addition, every citizen will now be required to carry a military registration document and present it at the request of the above-mentioned persons.

Employees of the State Border Guard Service of Ukraine (SBGS) will be granted similar rights. If a citizen has a deferral from mobilization, except in cases specified by the Cabinet of Ministers, but does not have a military registration document, he may be refused to cross the state border to leave.

Starting from 17 July 2024, employees of the TCR and SS and the police will be entitled to check documents, recording it on body cameras, tablets, phones, etc. In the meantime, representatives of TCR and SS will now have to present their documents at the request of citizens. Refusal to do so will entitle a citizen to refuse to receive a summons.

The Law officially approves a list of reasons why a citizen may not appear under a summons. This can be done in the event of illness, natural disasters, military operations in the territory of residence, death of a close relative or other circumstances that prevent the receipt of a summons. In other words, citizens will have the opportunity to prove force majeure circumstances that prevented them from receiving the summons. If there is one of the above reasons for failure to appear at the TCR and SS, the citizen will be obliged to report force majeure circumstances within three days from the date and time of arrival at the TCR and SS specified in the summons, to report the reasons for failure to appear by directly contacting the TCR and SS, or in any other way with subsequent arrival at the TCR and SS within a period not exceeding seven calendar days.

Medical Commission

By 17 July 2024 (inclusive), the Cabinet of Ministers, together with law enforcement agencies, will be obliged to take measures to verify the validity of decisions of medical and social expert commissions regarding the granting of disability to men aged 25 to 50. This applies to citizens who have been (or will be) first diagnosed with disabilities of II and III groups (with certain exceptions) after 24 February 2022 and before 18 May 2024.

Conscription Measures

As for conscription itself, the Government of Ukraine is obliged to develop a procedure for conscription during mobilization. As noted, this may impose certain obligations on citizens.

In particular, the Government will have to develop a procedure that provides for the interaction of the TCR and SS and the police in the process of detaining persons who do not appear upon summons.

In addition, the procedure should also set out the algorithm for granting deferrals from military service, the organization of medical examinations and the procedure for registration for military service for the duration of mobilization.

Conscription of Women

In fact, the new mobilization law does not contain any changes regarding the conscription of women for military service. All women registered for military service can be called up for military service voluntarily. There are certain questions to the legal technique in terms of amendments to parts 11 and 12 of Article 1 of the Law of Ukraine “On Military Duty and Military Service”, but this is the subject of a separate comment.

Deferral from Mobilization

The Cabinet of Ministers is obliged to develop a procedure for granting deferrals to citizens. The procedure may include a list of documents to be submitted by citizens, including through an electronic register.

The new law provides for the loss of the right to deferment for some groups of the population. From now on, men with many children who are in arrears in the payment of alimony in excess of three months’ payment will not be able to avoid mobilization. In addition, the right to deferment will be lost by citizens whose spouse has a disability group III (with certain exceptions), as well as whose spouse’s parents have a disability group I or II, or who have a daughter or son who is not liable for military service. The same applies to students who are re-enrolling in a bachelor’s or master’s degree program, or master’s students who are re-enrolling in a bachelor’s degree program in another specialty. Such students are entitled to complete an academic year, after which they may be mobilized, provided they are fit for military service and there are no other grounds for deferral.

The issue of the right to deferment for persons who have studied for a PhD degree but did not defend their dissertation and now wish to resume their postgraduate studies to defend their research remains unresolved. However, this is also a topic for a separate post.

If Citizen is Outside Ukraine

Citizens who have undergone a special procedure for traveling abroad for a period of three months or more will have to register for military service. They will have to do this within the next 30 days from the date of entry into force of the Government’s resolution that will determine the procedure for military registration for such citizens. The Government of Ukraine will have until 17 May 2024 to develop and approve such a procedure.

As for Ukrainian citizens permanently residing abroad, they must also register. However, the Government has not yet developed an algorithm for implementing this obligation.

It is envisaged that consular actions in foreign diplomatic missions of Ukraine will be carried out only if they have valid military registration documents. In case such documents are not available, consular actions will be performed subject to their simultaneous updating. Preparations for such actions are already underway, in particular, certain consular services have been suspended for men of military age abroad.

However, such restrictions should not apply to:

issuance of an identity card for returning to Ukraine;
performing consular actions in relation to children of a citizen of Ukraine whose second parent is a foreigner or stateless person;
performing actions upon applications of Ukrainian citizens who are under arrest, detained or imprisoned abroad;
under martial law, issuance of a passport of a citizen of Ukraine and a passport of a citizen of Ukraine for traveling abroad to male citizens of Ukraine aged 18 to 60 will be subject to the availability of military registration documents.

The Law states that citizens can update their data via the official e-mail address or official phone number listed on the official website of the TCR and SS. However, it is not yet clear which websites are official. No such consolidated information is currently available.

Introduction of Basic Military Training

From now on, all Ukrainian citizens aged 18 to 25 will have to undergo basic military training. It is assumed that people will be able to choose when to undergo training.

Liability for Violation of Mobilization Legislation

The Law establishes a mechanism of legal influence on citizens who unlawfully ignore their duties during mobilization measures. Thus, in case of violation of mobilization obligations by a citizen, the head of the TCR and SS may request the national police to detain the offender and bring him to the TCR and SS.

If the citizen cannot be detained and brought to the TCR and SS, the head of the center may send a written request to fulfill the obligations within 5 days. The Law refers to sending such a request by mail but does not specify whether such notifications will be sent in the electronic cabinet.

If, after sending such a notice to a citizen, he does not voluntarily fulfill the obligation within 10 days, the head of the center may apply to the court to restrict such a citizen from driving vehicles. However, it should be noted that a citizen may be restricted from driving only if it is impossible to administratively detain and bring the person to the TCR and SS by the police.

The Law also provides for the impossibility of applying restrictive actions if the vehicle is the main source of a person’s livelihood. However, it is still unclear what constitutes such a main source. For example, in practice, this restriction may be applied to employees of enterprises who use a vehicle, but it is not critically necessary for the provision of services or work. They also do not have the right to confiscate a vehicle when a person uses it in connection with a disability or the dependency of a person with a disability of group I-II or a child with a disability.

What to Expect?

The Law has now been adopted and we just have to wait for its entry into force. This will happen on 18 May 2024 and concerns the main provisions, with the exception of certain provisions concerning military transport duty, which will “start working” on 18 December 2024.

It is also worth noting that in order to put all of the above procedures into force, the Cabinet of Ministers must make a number of changes to the bylaws by 17 July 2024. In other words, it is not yet clear how all the provisions of the Law will work and whether they will work at all.

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