On 07.02.2024, the Verkhovna Rada of Ukraine adopted in the first reading the Governmental Draft Law No.10449 “On Amendments to certain legislative acts of Ukraine on certain issues of military service, mobilisation and military registration”. The draft law is intended to improve, among other things, the procedures of military registration and mobilisation.
The main changes proposed by this draft law are as follows:
Lowering the age of mobilisation.
The age of mobilisation is lowered from 27 to 25 years.
Introducing basic military service.
Conscription service should be replaced by basic military service, which is:
- for persons aged 18-24 years;
- mandatory for men, voluntary for women;
- the possibility to choose the year of service;
- duration: peacetime – up to 5 months, martial law – up to 3 months.
Introducing Basic military training.
Basic military training shall be added as a separate discipline in higher-education institutions. It is mandatory for men and voluntary for women.
Digitalisation of military registration.
The obligation to register an Electronic cabinet (hereinafter, the term “Electronic cabinet” means the Electronic cabinet of a conscript, a person liable for military service, reservist) is introduced. A military summons with the request to arrive at the TRC (hereinafter, the term “TRC” means Territorial centre for recruitment and social support) in addition to being delivered in person and sent by post, may be sent via the Electronic cabinet.
Reservation procedure and release from the conscription during mobilisation.
The Draft Law proposes to change/amend some criteria for persons, who are not subject to conscription for military services during mobilization.
For example, it is proposed to specify, that deferment from conscription to be granted to men and women who maintain three or more children under the age of 18, except for those who have debts for the payment of alimony, the total amount of which exceeds the sum of payments for three months. The current legislation does not contain the term re the absence of alimony debts.
Some changes to the reservation procedure for persons bound to military service were proposed as well. For example, it is suggested to oblige persons bound to military service who are reserved for the period of mobilisation to update their accounting data related to reservation through the Electronic cabinet OR at the TRC (at their place of residence or stay).
Impact on Ukrainian citizens staying abroad:
- Men aged 18 to 60 will be provided with consular services (excluding some exceptions) during martial law if they have military registration documents only;
- Passports of a citizen of Ukraine and passports for travelling abroad can be issued by branches of State Enterprise “Document” located abroad upon the request of male citizens of Ukraine aged 18 to 60 only if they have a military registration document;
- Persons who are on military registration are obliged to update their data within 60 days from the date of publication of the Law (if the draft law is adopted): (i) by sending an e-mail to an official address of the TRC or by calling to the TRC (at the place of stay on military registration) OR (ii) in the Electronic cabinet.
Restrictive measures for persons who do not fulfil their obligations regarding military registration or mobilization.
- If a person bound to military service/reservist evades fulfilment of his/her obligations on military registration and mobilisation envisaged by law, the head of the TRC within 5 days sends to such person a demand letter with requirement to fulfil the
- If a person does not fulfil the obligation specified in the demand letter within 10 days from the date of its receipt and does not appear at the TRC or a foreign diplomatic institution of Ukraine (if the person is staying abroad), the TRC asks the court to apply one of the following restrictive measures on such person:
- arrest of funds and other assets accumulated in banks and other financial institutions;
- temporary restriction of the right to drive a vehicle;
- temporary restriction of the right to leave the territory of Ukraine.
The court is obliged to consider the case within 15 days from the date of opening of the proceedings.
Other proposed provisions:
- During martial law, men aged 18 to 60 are required to always carry a military registration document and to show it upon the request of an authorised person (when crossing the state border of Ukraine as well);
- To clarify that during the period of martial law, women who are on military registration can be mobilised only voluntarily;
- Persons registered for military service are obliged to update their military registration data within 60 days from the date of publication of the law (if the draft law is adopted): (i) by coming to the TRC or the Centre for Provision of Administrative Services (for those staying in Ukraine), OR (ii) in the Electronic cabinet (regardless of the place of staying).