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Law on mobilization: without demobilization and sanctions for evaders

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In the third year of the full-scale invasion of Ukraine, the parliament adopted a law on mobilization. BusinessCensor made a summary of what people’s deputies voted for.

мобілізація

On April 11, the Verkhovna Rada adopted in the second reading draft law No. 10449 on mobilization and the procedure for military service.

The day before, a group of thirty to fifty parliamentarians had been "reviewing" more than four thousand amendments until late at night. None of them were adopted in the empty parliamentary hall for obvious reasons.

The full text of the approved document has not yet been made public. On the eve of the vote, People's Deputy Danylo Hetmantsev published the final text of the draft law, which was put to a vote in the second reading yesterday, on his telegram channel.

On the eve of the vote, the relevant committee of the Verkhovna Rada removed the provision on demobilization of the military after 36 months of continuous service.

The provision was removed at the request of the Chief of the Armed Forces of Ukraine Oleksandr Syrskyi.

Iryna Friz, People's Deputy from the European Solidarity party and a member of the relevant committee, answered the question on Hromadske Radio about the grounds for abolishing this central provision of the draft law: "The grounds look like a setup," hinting that the initiative to remove mobilization did not actually come from the military. It was simply that the government itself was not ready to introduce these deadlines.

Demobilization in Ukraine is carried out by decree of the president, who, according to the Constitution and laws of Ukraine, is the Supreme Commander-in-Chief and sets the terms of service and the number of Ukrainian military personnel.

The law adopted by the parliament yesterday is to be signed by Speaker Stefanchuk and President Zelenskyy. A month after the text of the law is published, it will come into force.

What did the People's Deputies approve?

Money is not for all military

In the final version, the motivational norms previously approved by the committee were canceled.

— monthly remuneration for the specifics of service in the amount of UAH 10 thousand

— a one-time additional payment of UAH 70 thousand to servicemen who are on zero line - this provision was removed, but after voting for the law, the Parliament approved a resolution that pointed out to the Cabinet of Ministers the need to increase payments to the military.

Therefore, according to a separate resolution, servicemen at zero line will receive an additional UAH 70 thousand for each month of service. This means that the total salary of the defenders on the contact line will be up to UAH 195 thousand.

At the same time, the motivational package included:

—  the opportunity to choose a unit for those liable for military service who sign a contract with the MoD;

— additional leave and remuneration for the destruction or capture of enemy weapons and equipment. Its amount will be set by law and government regulations. Plus an additional 15 days of vacation per year;

— the time spent on parental leave is now included in the length of service in the military rank;

— annual basic leave is granted in parts during the calendar year and the main uninterrupted part will be at least 15 calendar days;

— the right to a one-time compensation of 50% of the down payment on a mortgage loan and an additional UAH 100 thousand after the first year of military service and another UAH 100 thousand after the second year;

— servicemen and their spouses will not be accrued interest on the loan, penalties, fines for failure to fulfill obligations to banks and other organizations, except for loans for cars and real estate;

— the right to receive a certificate for the purchase of a vehicle in the amount of UAH 150 thousand within three months from the date of the first contract;

— one month of service for three months for being directly in the combat areas during martial law will be included in the length of service;

— in case of the need for long-term treatment abroad, it will be possible to undergo a military medical commission remotely, and the relevant certificate of the MMC will be the basis for maintaining financial and material support

— additional leave for 90 calendar days without division into parts (if preferred) after release from captivity with the preservation of financial support;

— for psychologists and physicians who sign a contract, the term of service is 1 year;

—  the amount of one-time financial assistance in the event of the death of a serviceman is set at UAH 15 million.

Lowering the conscription age, basic military service

The law once again enshrines the abolition of compulsory military service. From now on, all discharged conscripts will be transferred to the mobilization resource in accordance with the general rules. It is also mentioned once again that the conscription age has been lowered from 27 to 25 years.

At the same time, the law introduces:

— basic general military training from September 1, 2025. Those who have not completed it will do so after mobilization;

— optional basic military service up to the age of 25 for those who have not completed basic military training. That is, from the age of 18 to 24, a man will choose the time of basic military service. During martial law, the term of service will be three months, and in peacetime - five months. Basic military service involves obtaining a military accounting specialty and transition from the status of a conscript to the status of a person liable for military service with the subsequent possibility of being mobilized during martial law.

During the training after mobilization, a recruit can be used only for this purpose, to determine his physical capacity and actual fitness. This is a guardrail that will prevent unprepared people from being sent to the front. If a recruit does not pass the training phase, he or she can be discharged without additional costs to the state.

Duties of persons liable for military service:

— undergo a medical examination during mobilization;

— update their data within 60 days of the law's entry into force at the ASC (Administration Service Centre), the TCR and SS (Territorial Centre for Recruitment and Social Support) or through an account. Notably, the deputies clarified for the second reading that having an account is a right but not an obligation. The account is proposed to be based on the Oberih register of persons liable for military service;

— during martial law, you should always have a military registration document with you.

There will be no electronic summonses - the committee rejected this article.

Only those who have completed basic military service or military service (except for those unfit for military service) will be eligible for civil service.

Only those who have completed basic military training or military service will be selected for the National Police and the Prosecutor's Office.

The law will allow convicted persons who have been released from serving a sentence with probation to serve military service. Except for those convicted of crimes against the foundations of national security.

Citizens who arrive at the TCR/SS on their own with a letter of introduction from a specific military unit will be able to serve in that unit after training.

Sanctions for evaders

For the second reading, only one restriction should be left in place for evaders - a ban on driving vehicles, but only by court order. In fact, this provision will not motivate evaders.

Restrictions on driving vehicles cannot be applied:

— if setting such a restriction deprives the person of the main legal source of livelihood;

—  if the person uses a vehicle due to a disability or is dependent on a person with a disability of groups I, II or a child with a disability.

The first version of the draft law contained provisions on automatic entry into the Unified Register of Debtors, blocking of bank cards and the inability to buy/sell or register property for failure to appear at the TCR. The law does not contain them, nor do the previously proposed penalties.

"This is all a story of overtures. And to please the evaders. It would have been necessary to introduce some sanctions long ago, but the authorities are pandering. For them, these are potential voters, and they are not ready to play state policy. They are already preparing for the elections, at least for the local ones, which may be held in 2025. When these draft laws are being written, the political technologists of the current government sit and tell us which group of the population will react to the draft," explains Oleh Symoroz, an Armed Forces veteran, the absolute "infirmness" of the new law on mobilization, including with regard to evaders.

Who has the right to a deferment from mobilization?

— women and men who have three or more children under the age of 18 as dependents. Except for those who have more than three months of child support arrears; 

—  women and men who have a child (children) under the age of 18, if the other parent of such child (children) has died, been deprived of parental rights, declared missing or is serving a sentence in a place of deprivation of freedom. Also, if the person is raising and supporting the child on his/her own by court order;

— women and men, guardians, trustees, adoptive parents, parent educators raising a child with a disability under the age of 18. Or a child with a serious illness. And if the child is an adult with a group I or II disability;

— adoptive parents who have a child who was an orphan deprived of parental care before the adoption and is under the age of 18;

—  guardians, custodians, adoptive parents, parent educators,  foster parents, who are maintaining an orphan or child deprived of parental care under the age of 18;

— guardians of a person recognized by a court as incapacitated;

— women and men who have a child (children) under the age of 18 and a spouse who is performing military service.

Deferments for officials, people's deputies and judges

The final version of the law provides for deferments for the following categories:

—  heads of ministries and their deputies, state bodies, public administration bodies whose jurisdiction extends over the entire territory of Ukraine

—  people's deputies of Ukraine and the ARC;

— judges, judges of the Constitutional Court of Ukraine, members of the High Council of Justice, the High Qualification Commission of Judges of Ukraine, the Head of the Service of Disciplinary Inspectors of the High Council of Justice, his/her deputy and disciplinary inspectors of the HCJ;

— the Ukrainian Parliament Commissioner for Human Rights;

— the Chairman and other members of the Accounting Chamber;

—  employees of military command and control bodies, military units (subdivisions) of the Ministry of Defense of Ukraine, the Armed Forces of Ukraine, the State Special Transport Service, the State Service for Special Communications and Information Protection of Ukraine, the Security Service of Ukraine, the Foreign Intelligence Service of Ukraine, the National Guard of Ukraine, the State Border Guard Service of Ukraine, the State Protection Service of Ukraine, and the apparatus of the Ministry of Internal Affairs of Ukraine;

—  diplomatic officials of the Ministry of Foreign Affairs of Ukraine who hold diplomatic posts;

— persons holding the diplomatic rank of Ambassador Extraordinary and Plenipotentiary and experts of the expert service institutions of the Ministry of Internal Affairs of Ukraine;

— civil servants who prepare opinions on draft legal acts, conduct their professional, scientific, legal expertise and/or expertise of adopted legal acts;

— civil servants who directly perform the functions of ensuring cybersecurity, cyber defense and information technology security, software development, database administration, implementation and support of the latest information and communication technologies in the bodies that support the activities of the President of Ukraine, the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine;

Reservations for officials, security forces and deputies' assistants

Deputies left reservations for all security forces, law enforcement, the BES and the SBI.

Reservations will be made for people liable for military service or those who are working or serving:

— at critical enterprises;

— in public authorities (categories A - 100%, B, C - 50%), other state bodies;

— the National Police of Ukraine, the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation, and prosecutor's offices;

— Bureau of Economic Security of Ukraine;

— The State Emergency Service of Ukraine;

— The State Criminal Executive Service of Ukraine;

—  Judicial Protection Service, courts, justice system institutions and pre-trial investigation bodies;

— patronage services of public authorities with jurisdiction over the entire territory of Ukraine.

Each people's deputy can also reserve two assistants.

Exemption for persons with disabilities

Persons with disabilities of all three groups will be exempt from military service.

However, persons whose group II and III disabilities (except for military personnel) were established after February 24, 2022, will be reassessed. This will apply to men aged 25 to 55, except for those who were first diagnosed with group II and III disabilities.

Those who are partially fit will also have to undergo a test and will be declared either fit or unfit.

They will not be mobilized:

— those who have a spouse from among persons with group I or II disabilities;

— those who have a wife (husband) from among persons with a group III disability established as a result of the absence of limbs (limb), hands (hand), feet (foot), one of the paired organs or cancer disease, mental or psychological disabilities or the presence of a minor child (children). It is important that in the first reading, there was no mention of such wives or husbands with group III disabilities;

— those who have one of their parents with a group I or II disability or one of the parents of their spouse with a group I or II disability, provided that there are no other persons who are not liable for military service and are obliged to support them by law (unless such persons are themselves persons with disabilities, require constant care, or are serving a sentence of imprisonment). In case of absence of non-conscripts, only one person from among persons liable for military service may take care of a person with a group I or II disability at the choice of such a person with a disability;

— family members of the second degree of kinship of persons with group I or II disabilities engaged in permanent care for them (no more than one and if there are no family members of the first degree of kinship or they cannot care because they themselves need care).

The following will be able to dismissed from the service

— Those who were held in captivity (involuntarily);

— those who have been diagnosed with a disability;

—  appointed (elected) to the position of a judge, a judge of the Constitutional Court of Ukraine, a member of the High Council of Justice, a member of the High Qualification Commission of Judges of Ukraine, the Head of the Service of Disciplinary Inspectors of the High Council of Justice, his/her deputy, a disciplinary inspector of the HCJ;

— elected as a people's deputy of Ukraine, ARC, if the servicemen did not express their desire to continue military service;

— generals by decision of the military leadership;

— persons with expired contracts concluded during martial law.

They can be dismissed for family reasons:

— female servicewomen on pregnancy leave;

— female servicewomen on childcare leave;

— wife, if both spouses are performing military service and have a child(ren) under the age of 18;

—  if the serviceman is dependent on three or more children under the age of 18, except for persons who have alimony arrears;

— servicemen who have a child (children) under the age of 18, if the other parent of such child (children) has died, been deprived of parental rights, declared missing or is serving a sentence in a place of deprivation of freedom. Also, if a person independently raises and maintains a child by court order;

— servicemen who are adoptive parents of an orphan or a child deprived of parental care under the age of 18;

— servicemen who maintain an adult child who is a person with a group I or II disability;

— a serviceman who is raising a child with severe perinatal nervous system disorders, severe congenital malformations, rare orphan diseases, oncological, oncohematological, cerebral palsy, severe mental disorders, type I diabetes mellitus (insulin-dependent), acute or chronic kidney disease of the IV degree;

—  for permanent care of a spouse with a group I or II disability. And group III, established as a result of cancer, lack of limbs, mental disorder, cerebral palsy;

— for permanent care for one of their parents or parents of their spouse who is a person with a group I or II disability, provided that there are no other family members of the first or second degree of kinship;

— to take care of a person recognized by a court as incapacitated, provided that such person is not cared for by other persons;

— if close relatives of the serviceman (husband, wife, son, daughter, father, mother or sibling) were killed or went missing during the ATO or deterrence of armed aggression against Ukraine during martial law;

—  if the close relatives of the serviceman were awarded the title of "Hero of Ukraine".