New Laws on Mobilization and Military Registration:

 

At the beginning of April 2024, a series of laws were passed that introduced certain changes to the system of military accounting and mobilization in Ukraine.

• Law of Ukraine No. 3127-IX “On Amendments to the Law of Ukraine “On Military Duty and Military Service””, has been enacted, foreseeing the reduction of the maximum age for citizens to be registered for military service from 27 to 25 years. The law entered into force on April 4, 2024.
• Law of Ukraine No. 3549-IX of January 16, 2024 “On Amendments to Certain Laws of Ukraine on Improving the Procedure for Processing and Using Data in State Registers for Military Registration and Acquiring the Status of a War Veteran during Martial Law”, which launches the electronic register of persons liable for military service “Oberig” and the electronic cabinet of persons liable for military service. The law entered into force on April 4, 2024.
• Law of Ukraine No. 3621-IX of April 23, 2024 “On Amendments to Certain Laws of Ukraine on Ensuring the Rights of Military Personnel and Police Officers to Social Protection”, according to which the status of “limited fitness” is abolished and two types of status are provided: “fit for service” or “unfit for service”. The law comes into force on May 4, 2024.
• Law of Ukraine No. 3633 of April 11, 2024 “On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilization and Military Registration” (further — the Law on Mobilization), which establishes new obligations for persons liable for military service and measures of influence in case of non-fulfillment, as well as for representatives of territorial recruitment and social support centers (further — TCR and SS) when serving summonses. We suggest taking a closer look at the following innovations. The law enters into force one month after the day following the day of its publication, i.e. from May 18, 2024.

The changes introduced by these laws aim to alter the mobilization process, enhance the efficiency of the military registration system, and refine the processing and utilization of data in state registers for military registration. 

At the same time, it should be noted that the main document for business regarding the military registration is still the Procedure for organizing and maintaining military registration of conscripts, persons liable for military service and reservists, approved by the Resolution of the CMU dated 30.12.2022 No. 1487 (further — the Procedure No. 1487). The above-mentioned laws did not amend it.


We suggest reviewing the main changes outlined in these laws below:

1. Obligation to carry military registration documents

From May 18, 2024, all citizens liable for military service between the ages of 18 and 60 must have military registration documents with them and present them at the request of a representative of the TCR or a police officer.

During the verification of documents, a representative of the TCR or a police officer must make photo and video recordings of the process of providing and checking documents..

2. Launch of electronic registration of persons liable for military service

Law No. 3549-IX launches the electronic register of persons liable for military service “Oberig” and the electronic cabinet of persons liable for military service. These innovations aim to enhance the system of processing and using data in state registers for military registration. Now the persons liable for military service can update data without visiting the territorial military commissariat and structural unit.

Additionally, there will be an automatic provision of the status of a participant in hostilities if the necessary data are available in the system.

In addition, the law introduces the possibility of creating and using a digital military registration document.

3. Obligation to clarify military credentials

Citizens of Ukraine who are on the military register are obliged to specify their address of residence, telephone numbers, e-mail addresses (if any) and other personal data within 60 days from the date of entry into force of this Law, i.e. until July 17, 2024. In the case of staying on the territory of Ukraine, you can clarify the data directly by arriving at the TCR and SS at the place of military registration or at the place of actual residence, or by contacting the Center for Administrative Services.

An alternative way, which does not require the physical presence of a person, is to clarify the data through the electronic cabinet of a conscript, person liable for military service, reservist (if any). Currently, it is not technically possible to use this method yet, but when the system is operational, it will be possible to register in the electronic cabinet and update the data without visiting the TCR and SS or CAS. Tentatively, the electronic cabinet of a person liable for military service should start working this summer.

If a person liable for military service is abroad, that a person can clarify the data by sending a corresponding message to the official e-mail address / official phone number, which are indicated on the official website of the TCR and SS at the place of military registration, or through the electronic office of a conscript, a person liable for military service, a reservist (after such an cabinet can be registered). As we noted above, the electronic cabinet will start functioning this summer. It is also worth noting that registration in the electronic cabinet is voluntary.

As a result of failure to comply with the requirement to clarify data, it will be impossible to perform consular actions in foreign diplomatic institutions of Ukraine for men aged 18 to 60 who have not updated their personal data within the time limits specified by Law No. 3633.

That is, only in the case of fulfilling the obligations to clarify military credentials, men abroad will be able to perform consular actions. Also, it will not be possible to issue a passport of a citizen of Ukraine and a foreign passport abroad without a military registration document.

4. Lowering the conscription age

One of the key changes is the lowering of the conscription age from 27 to 25 years. This means that from April 4, 2024, all men who have reached the age of 25 become liable for military service. 
The actions to be taken by the employer in this regard include the following:

• to hand over to men over 25 years of age a notice of the need to address the relevant TCR and SS for registration and receipt of the relevant military registration document, 
• if employees refuse to receive the notice (or put signature about receiving the notice), it is necessary to draw up an Act of refusal to receive the notice or sign it,
• to oblige employees to provide the employer with a proper military registration document,
• to move the data of such employees from the list of personal military registration of conscripts to the list of personal military registration of persons liable for military service (reservists) of privates, sergeants and officers. At the same time, it is recommended to leave Columns 2, 5, 6, 7, 8, 13, 14, 15 blank until the employer is provided with a proper military registration document, 
• in case of non-fulfillment by employees of the requirements for registration and provision of a proper military registration document to the employer, to notify the TCR and SS of the violation of the rules of military registration by such an employee.

5. Basic military service, basic combined arms training, and the possibility of military service until the age of 25

Another important innovation of the adopted Law is the introduction of basic military service instead of conscript military service. According to PD, the period of basic military service in peacetime is 5 months, and during martial law — 3 months. Ukrainians under the age of 24 will be able to choose the year and period of basic service.

In addition, basic combined arms training is being introduced. From September 1, 2025, it will become an element of education in educational institutions, will be held in universities of all forms of ownership.

The law also added a norm that excludes the inconsistency of certain norms regarding conscription. Namely: persons liable for military service, who have completed basic combined arms training or basic military service, are not subject to conscription during mobilization until they reach the age of 25. Such persons may be called up for military service during the specified period with their consent.

6. New provisions for serving summonses

From now on, when serving a summons, representatives of the TCR, at the request of the citizen to whom the summons is served, are obliged to give their last names, first names and middle names, position, as well as to provide the official IDs.

The summonses can be served by the representatives of the TCR and SS, in particular in the presence of the police, as well as employers. When serving a summons, citizens will be required to demonstrate an identity document (for example, a passport / ID card) not only to the representatives of the police, but also to representatives of the TCR and SS.

Below is a list of valid reasons for non-arrival of a citizen to the TCR on summons: natural disaster, 

•  illness of a citizen, 
• hostilities in the relevant territory and their consequences or other circumstances that deprived him of the opportunity to personally arrive at the specified unit and time,
• death of close relatives (parents, wife (husband), child, brother, sister, grandfather, grandmother) of a citizen or a close relative of his wife (husband), 
• other circumstances that deprived him of the opportunity to personally arrive at the specified unit and time.

The latter reason is formulated quite broadly, which will allow citizens to justify force majeure circumstances that did not allow them to come in person at the TCR. That is, such citizens will be able to defend their rights in the event that the TCR and SS apply a fine for failure to come on summons.

It should be noted that such valid reasons must be confirmed by the documents of the relevant state bodies and institutions. If there is such a reason and failure to come to the TCR and SS, the citizen will be obliged to notify the TCR and SS of such reasons as soon as possible, but not later than 3 days from the date and time specified in the summons, with further arrival no later than 7 calendar days.

At the same time, the delivery of summonses through the Diia, electronic cabinet, e-mail is not provided.

7. Cancellation of the status of “limited fitness” and re-examination of the MMC

From May 4, 2024, the “limited fitness” status will be abolished. That is, citizens liable for military service who were recognized as “limited fit” before the entry into force of the Law must re-pass the military medical commission within nine months after the entry into force of the law, that is, by February 4, 2025. 

It should be noted here that it is the TCR and SS that should send “limited fit persons” for a second MMC. At the same time, the employer should not control this issue, since the Procedure No. 1847 does not contain such a requirement.  In accordance with this Procedure, the employer monitors compliance with the Rules of military registration by the conscripts, the persons liable for military service and reservists.

After passing the repeated MMC, those liable for military service persons recognized as "unfit" will be excluded from the military register, and those who are fit — will be able to serve.

It should also be noted that after the law enters into force, the Government will have three months to adopt the relevant regulations that determine the updated list of diseases to determine suitability/unfitness for military service. Therefore, we expect amendments to the Order of MDU of August 14, 2008 No. 402 On Approval of the Regulation on Military Medical Examination in the Armed Forces of Ukraine.

8. Deferral

After the entry into force of the Law on Mobilization, a number of changes await persons liable for military service, in particular regarding the issuance of deferrals.

As for the grounds for obtaining a deferral, they have changed. From now on, the following categories of citizens are not subject to conscription for military service during mobilization:

• women and men who have three or more dependent children under the age of 18, except for those who have arrears in child support;
• women and men who have a child (children) under the age of 18, if the other parent of such child (children) has died, has been deprived of parental rights, has been declared missing, etc., as well as when a person independently raises and supports a child by a court decision, etc.;
• adoptive parents, guardians, trustees, other persons who are dependent on a child (children) who, at the time of adoption, was (were) an orphan (orphans) or a child (children) deprived of parental care, under the age of 18;
• are engaged in constant care of a sick spouse, child and/or parents, if the person himself needs constant care according to a medical or medical opinion;
• guardian of a person recognized by a court as incapable;
• who have a spouse from among persons with disabilities of group I or II;
• who have a spouse from among persons with a disability of group III, established as a result of cancer, the absence of limbs, one of the paired organs, or if a person with a disability of group III has cancer, mental disorder, cerebral palsy or other paralytic syndromes;
• who have one of the parents with a disability of group I or II, provided that there are no other persons who are not liable for military service and are obliged to support them in accordance with the law;
• family members of the second degree of kinship, persons with disabilities of group I or II, engaged in permanent care of him/her;
• family members (husband, wife, son, daughter, father, mother, a sibling (full brother or sister)), persons who were posthumously awarded the title of Hero of Ukraine for civil courage, patriotism, heroic defense of the constitutional principles of democracy, human rights and freedoms, selfless service to the Ukrainian people, shown during the Revolution of Dignity;
• teaching staff of institutions of professional pre-higher education;
• students enrolled in internship;
• citizens who have served in the military and have been discharged from service to the reserve in connection with their release from captivity (such persons may be called up for military service with their consent);
• persons liable for military service under the age of 25 who have undergone basic general military training in accordance with Article 101 of the Law of Ukraine “On Military Duty and Military Service” or basic military service (such persons may be called up for military service during the specified period with their consent).

As we can see, the law excludes the possibility for citizens to evade conscription during mobilization by entering an educational institution to obtain a second, third higher education (bachelor's, master's) or even lower education than the existing one.

Deferrals for employees of enterprises, institutions and organizations of the Ministry of Defense are also excluded.

9. Requisition of vehicles for army needs

In particular, the innovations stipulate that from citizens of Ukraine will be able to requisite a car for the needs of the army, but there are exceptions.

The car can be requisited by the representatives of the TCR and SS, the Security Service of Ukraine, as well as units of the Foreign Intelligence Service.

Mobilization of a vehicle from citizens for the needs of the Armed Forces of Ukraine is possible if they own more than one car. This obligation will also apply to tractors and agricultural machinery. That is, if a person is the owner of one vehicle, then such a car will not be taken away for the needs of the army. To begin with, it is planned to requisite what is better suited for the defense needs of the state. For example, if a citizen has a sedan and an SUV, then the SUV will be seized. If a person owns two SUVs, they can requisite the one with a lower market value.

That is, before requisition of a car from a private person, its expert assessment and assessment of the market value must be carried out.

How many cars will be mobilized in each region will be determined by the local administration. Special lists will be compiled. However, the step-by-step algorithm for requisiting vehicles from citizens is currently unknown for certain. Only general provisions are announced.

After the announcement of demobilization, to the owner must be returned his car within a month, if it is available at that time. Cars should be taken against special receipts, and the state will compensate in cash in case of loss of the vehicle.

As for cars owned by enterprises, it is envisaged that such vehicles that are registered with the TCR and SS will be prohibited, in particular:

• travel to other regions and abroad,
• sell them, or otherwise transfer ownership to others, both for the benefit of legal entities and citizens,
• leasing,
• provide them as collateral for the fulfillment of obligations under loan agreements and guarantees to banks.

To travel by such vehicles to adjacent regions, it will be necessary to notify the relevant TCR and SS about the location of the vehicle one month before departure. Departure will be possible for no more than one month..

10. Measures of influence and liability for violations 

In case of non-fulfillment of mobilization obligations by a citizen, the TCR and SS have the right, under certain conditions, to apply to the court with a statement of claim for the court to apply a temporary restriction on the right of such a person to drive a vehicle. Evaders will not be restricted in the right to drive in two cases:

• if the imposition of such a restriction deprives a person of the main legal source of income,
• if a person uses a vehicle due to a disability or being dependent on a person with a disability of groups I, II or a child with a disability.

As we have already noted above, the provision of consular actions in foreign diplomatic institutions of Ukraine will be carried out under the condition that the citizen clarifies own personal data with the registration data in the TCR and SS.

Please note that today for violation of the rules of military registration / evasion of registration by citizens of Ukraine liable for military service, administrative liability is provided in the amount of UAH 850 to 1700 (Part 2 of Article 210 of the Code of Ukraine on Administrative Offenses).

For violation by officials of the legislation on defense, mobilization training, failure to maintain military records or conducting it with violations, the following administrative liability is provided from UAH 5,100 to UAH 8,500 for violations committed during a special period (Part 2 of Article 210-1 of the Code of Ukraine on Administrative Offenses).

In addition, it is worth recalling that the Verkhovna Rada of Ukraine adopted draft law No. 10379 in the first reading, which provides for an increase in administrative fines:

• for citizens liable for military service for violation of the rules of military registration up to UAH 17,000. At the same time, according to the conclusion of the Verkhovna Rada Committee on Law Enforcement, the recommended increase in the administrative fine to UAH 5,100 is envisaged.
• for officials for violation of the legislation on defense, mobilization training, failure to keep military records or maintenance with violations from 2,000 to 5,000 tax-free minimum income (from UAH 34,000 to 85,000), during the special period — from 9,000 to 12,000 tax-free minimum income (from UAH 153,000 to 20,4000). However, according to the conclusion of the Verkhovna Rada Committee on Law Enforcement, the following increase in the administrative fine is envisaged: from 1,000 to 2,000 tax-free minimum income (from UAH 17,000 to 34,000), for the special period — from 2,000 to 3,500 tax-free minimum income (from UAH 34,000 to 59,500).

It should be noted that the imposition of a fine for failure to maintain military records or military records with violations is carried out in general for offenses, and not a multiple of the number of such violations or the number of employees in respect of whom such a violation was committed. It is also worth noting that in accordance with Art. 38 of the Code of Administrative Offenses, an administrative penalty may be imposed no later than two months from the date of the offense, and in case of an ongoing offense — two months from the date of its detection.

However, draft law No. 10379, which is currently under consideration, stipulates that an administrative penalty for committing offenses under Articles 210, 210-1 of the Code of Administrative Offenses during a special period may be imposed within three years from the date of its commission. That is, the period during which an administrative fine may be imposed for failure to maintain military records or maintain military records with violations may be increased from 2 months to 3 years.

Many users are interested in the question of what amounts of fines will be applied in case of violations during the inspection of the TCR and SS. We consider it necessary to note that in accordance with Art. 8 of the Code of Administrative Offenses provides for liability under the law in force at the time of the violation. That is, a person who has committed an administrative offense is subject to liability on the basis of the law in force at the time and place of the offense. Laws that mitigate or abolish liability for administrative offenses have retroactive effect, that is, they also apply to offenses committed before the issuance of these laws. At the same time, laws that establish or strengthen liability for administrative offenses do not have retroactive effect.

We suggest contacting the specialists of BDO in Ukraine for detailed advice on mobilization and military registration at enterprises.