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Ukraine changes rules for the military draft

29/ 05/ 2024
  The Ukrainian parliament has adopted a number of laws changing the procedure, criteria and liability for non-compliance with the rules of the military draft in Ukraine. This new legislation includes the following: Law #3127-IX on Introducing Changes in the Law of Ukraine “On Military Obligation and Military Service” (Law 3127); Law #3621-IX on Introducing Changes in several Laws of Ukraine regarding Ensuring Rights of the Servicemen and Policemen for Social Protection (Law 3621); Law #3633-IX on Introducing Changes in several Legislative acts of Ukraine regarding Particular Issues related to Carrying out Military Service, Military Draft and Military Record (Law 3633); and Law #3562-IX on Introducing Changes in the Code of Ukraine of Administrative Offences and the Criminal Code of Ukraine regarding Strengthening Liability for the Military Offences (Law 3562). According to Law 3127, which entered into force on 4 April 2024, the minimal age for the military draft (mobilisation) was lowered from 27 years to 25 years. (Individuals under 25 years of age may be mobilised if they meet other specific grounds, such as, for example, completing military training). Law 3621, which entered into force on 4 May 2024, excluded the category of “persons limitedly suitable for military service” from the legislation. Following the passage of Law 3621, the Ministry of Defence amended its order regulating categories of suitability for military service and excluded the mentioned category from this order. According to this law, a person previously classified as “limitedly suitable for military service” must undergo a medical examination within nine months of this law entering into force (i.e. until 5 February 2025). Law 3633, which enters into force on 18 May 2024, introduces the most significant changes into the process of military draft (i.e. mobilisation). In particular, the following amendments must be in place once the law enters into force: Military obliged persons must always have military documents with them and each are obliged to present this document to a representative of the military office or police upon request. The electronic register for military obliged persons must be in place online although registration in this online tool is voluntary. All military obliged persons must renew their personal data in the military register within 60 days after the law enters into force (i.e. 16 July 2024). There are no exceptions to this rule. Even if a person has already provided actual data to the register and his personal information has not changed, he is obliged to renew his data after the law enters into force. The data may be renewed either in the military office, the administrative centre or online. If these rules are violated, the military office will gain an additional sanction tool – the right (1) to send a demand on performing the obligation to the military obliged person; and if this fails to fulfil the demand (2) to file a claim to the administrative court on restriction of the right to drive a motor vehicle. The demand may be sent for non-appearance upon being presented with a military subpoena. Terminable military service is replaced by basic military training, which will be in place from 1 September 2025, to be conducted in high schools or army training centres. Notably, Law 3621 has not changed the process of handling military subpoenas, which is handed directly to the individual mentioned in the subpoena so that receipt can be confirmed. Finally, on 9 May 2024, the Ukrainian parliament adopted Law 3562, which introduces the following amendments to the Code of Administrative Offences and the Criminal Code of UkraineAccording to the currently available information about the draft law: : Violation of the rules of military draft during this special period could result in a fine of between UAH 17,000 to UAH 25,500 (instead of the current fine of between UAH 850 and UAH 1,700). Violation of legislation related to defence, military training and the military draft during this special period could result in a fine of between UAH 17,000 and UAH 25,500 for citizens (instead of the current fine of between UAH 3,400 and UAH 5,100) and between UAH 34,000 and UAH 59,500 for officials of a legal entity (instead of the fine of UAH 5,100 and UAH 8,500 now in effect). Avoiding a medical examination will be treated as a crime and may be punished by imprisonment for a term of three to five years. This law is still pending the President’s signature and will come into force the day after its publication. For more information regarding the rules surrounding the military draft in Ukraine, reach out to your CMS advisor or our local CMS team:

The Ukrainian parliament has adopted a number of laws changing the procedure, criteria and liability for non-compliance with the rules of the military draft in Ukraine. This new legislation includes the following:

  • Law #3127-IX on Introducing Changes in the Law of Ukraine “On Military Obligation and Military Service” (Law 3127);
  • Law #3621-IX on Introducing Changes in several Laws of Ukraine regarding Ensuring Rights of the Servicemen and Policemen for Social Protection (Law 3621);
  • Law #3633-IX on Introducing Changes in several Legislative acts of Ukraine regarding Particular Issues related to Carrying out Military Service, Military Draft and Military Record (Law 3633); and
  • Law #3562-IX on Introducing Changes in the Code of Ukraine of Administrative Offences and the Criminal Code of Ukraine regarding Strengthening Liability for the Military Offences (Law 3562).

According to Law 3127, which entered into force on 4 April 2024, the minimal age for the military draft (mobilisation) was lowered from 27 years to 25 years. (Individuals under 25 years of age may be mobilised if they meet other specific grounds, such as, for example, completing military training).

Law 3621, which entered into force on 4 May 2024, excluded the category of “persons limitedly suitable for military service” from the legislation. Following the passage of Law 3621, the Ministry of Defence amended its order regulating categories of suitability for military service and excluded the mentioned category from this order. According to this law, a person previously classified as “limitedly suitable for military service” must undergo a medical examination within nine months of this law entering into force (i.e. until 5 February 2025).

Law 3633, which enters into force on 18 May 2024, introduces the most significant changes into the process of military draft (i.e. mobilisation). In particular, the following amendments must be in place once the law enters into force:

  • Military obliged persons must always have military documents with them and each are obliged to present this document to a representative of the military office or police upon request.
  • The electronic register for military obliged persons must be in place online although registration in this online tool is voluntary.
  • All military obliged persons must renew their personal data in the military register within 60 days after the law enters into force (i.e. 16 July 2024). There are no exceptions to this rule. Even if a person has already provided actual data to the register and his personal information has not changed, he is obliged to renew his data after the law enters into force. The data may be renewed either in the military office, the administrative centre or online.
  • If these rules are violated, the military office will gain an additional sanction tool – the right (1) to send a demand on performing the obligation to the military obliged person; and if this fails to fulfil the demand (2) to file a claim to the administrative court on restriction of the right to drive a motor vehicle. The demand may be sent for non-appearance upon being presented with a military subpoena.
  • Terminable military service is replaced by basic military training, which will be in place from 1 September 2025, to be conducted in high schools or army training centres.

Notably, Law 3621 has not changed the process of handling military subpoenas, which is handed directly to the individual mentioned in the subpoena so that receipt can be confirmed.

Finally, on 9 May 2024, the Ukrainian parliament adopted Law 3562, which introduces the following amendments to the Code of Administrative Offences and the Criminal Code of UkraineAccording to the currently available information about the draft law: :

  • Violation of the rules of military draft during this special period could result in a fine of between UAH 17,000 to UAH 25,500 (instead of the current fine of between UAH 850 and UAH 1,700).
  • Violation of legislation related to defence, military training and the military draft during this special period could result in a fine of between UAH 17,000 and UAH 25,500 for citizens (instead of the current fine of between UAH 3,400 and UAH 5,100) and between UAH 34,000 and UAH 59,500 for officials of a legal entity (instead of the fine of UAH 5,100 and UAH 8,500 now in effect).
  • Avoiding a medical examination will be treated as a crime and may be punished by imprisonment for a term of three to five years.

This law is still pending the President’s signature and will come into force the day after its publication.

For more information regarding the rules surrounding the military draft in Ukraine, reach out to your CMS advisor or our local CMS team:

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