Legislation news: mobilization in Ukraine

Key aspects:

1. Regarding the requisites of the summons and valid reasons for failure to appear under the summons:
   • obligatory requisites of the summons:
     • the surname, name and patronymic, and date of birth of the citizen to whom the summons is addressed;
     • the name of the Territorial Center for Completion and Social Support (the – “TCC and SS”), that issued the summons;
     • the purpose of the challenge to the TCC and SS;
     • the place, day, and time of appearance on call;
     • the signature (electronic digital signature) of the official who issued (generated) the summons;
     • the registration number of the summons;
     • the explanation of the consequences of non-appearance and the obligation to notify the reasons for non-appearance.
   • during the delivery of the summons, the citizen who is served the summons has the right to demand, and representatives TCC and SS are obliged to state their surnames, names and patronymics, and positions, and also to present service certificates;
   • for good reasons for the non-arrival of a citizen within the period defined in the summons include:
     • an obstacle of a spontaneous nature, a citizen's illness, military actions on the relevant territory and their consequences or other circumstances that deprived him of the opportunity to personally arrive at a certain point and time;
     • the death of a close relative (parents, wife (husband), child, sibling, grandfather, grandmother) or a close relative of his wife (husband).
   • the good reasons must be confirmed by the documents of the relevant authorized state bodies, institutions, and organizations (state and municipal forms of ownership);
   • the citizen is obliged to inform the TCC and SS about the reasons for non-appearance under the summons by direct appeal or in any other way no later than 3 days from the date and time specified in the summons, and within a period not exceeding 7 calendar days, arrive at the TCC and SS.
2. Regarding the obligation to update personal data and the procedure for such updating:
   • the citizens of Ukraine who are registered for military registration are obliged to update their residential addresses, communication numbers, e-mail addresses (if they have e-mail) and other personal data within 60 days from the date of entry into force of this Law;
   • for citizens of Ukraine who are on the territory of Ukraine, such personal data may be updated:
     • by arriving on your own to the TCC and SS at the place of military registration or at your place of residence;
     • by arriving at the Administrative Service Center (hereinafter referred to as the ASC);
     • through the electronic office of a conscript, military, or reservist (if any).
   • for citizens of Ukraine who are abroad, such personal data may be updated:
     • by notification to the official e-mail address or to the official phone number, which is indicated on the official website of the TCC and SS at the place of stay on military registration;
     • through the electronic office of a conscript, military, or reservist (if any).
   • the citizens of Ukraine who have been removed from the military registration due to their departure from Ukraine for a period of more than 3 months are obliged to register for military service within 30 days from the date of entry into force of the resolution of the Cabinet of Ministers of Ukraine (the “CMU”) defining the specifics of military registration of citizens of Ukraine permanently or temporarily residing abroad, become a military register of citizens of Ukraine. The CMU should adopt such a resolution within a month from the date of publication of the Law.
3. Regarding the electronic office of recruits, military liable, reservist:
   • the citizens who are on the military register, on a voluntary basis, register their electronic office of a recruit, military liable, or reservist;
   • the law does not provide for sending summonses through the electronic office of a recruit, military liable, or reservist;
   • within 2 months from the date of publication of the Law, the CMU should ensure the creation and functioning of an electronic office of a recruit, military liable, or reservist.
4. Regarding the validity of military registration documents:
   • military registration document (military ID, certificate (including temporary) military liable), issued before May 18, 2024, is valid and does not require obligatory replacement in the event (on the grounds) of approval of a new form of military registration document.
5. Regarding the obligation to carry military registration documents and the procedure for their verification:
   • during the period (except for targeted mobilization), male citizens of Ukraine aged 18 to 60 obliged to carry a military registration document;
   • male citizens of Ukraine aged 18 to 60 are obliged to present a military registration document on demand:
     • an authorized representative of the TCC and SS;
     • police officer;
     • a representative of the State Border Guard Service of Ukraine in the border area, controlled border area, and at checkpoints across the state border of Ukraine.
   • during checking the documents, an authorized representative of the TCC and SS or a police officer:
     • performs photo and video recording of the process of presenting and checking documents using technical devices and means of photo and video recording (will come into force July 17, 2024);
     • may use technical devices, facilities, and specialized software with access to the Unified State Register of Recruits, Military Liable, and Reservists.
6. Regarding changes in the grounds for deferral from mobilization:
   • not subject to conscription for military service during mobilization:
     • booked military liable who are on special military registration;
     • who have a spouse from among persons with a disability of group III established as a result of cancer, absence of limbs, hands, feet, 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 their parents with a disability of group I or II or one of the parents of their spouse with a disability of group I or II, provided that there are no other persons who are not liable for military liable and are legally obliged to hold them;
     • civil servants who prepare opinions on draft regulatory legal acts, conduct their professional, scientific, legal expertise and/or expertise of adopted regulatory legal acts, civil servants who directly perform 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 agencies, that ensure the activities of the President of Ukraine, the Verkhovna Rada of Ukraine and the CMU.
   • conscription for military service during mobilization, for a special period are not subject to students of vocational (vocational-technical), professional pre-university, and higher education who are enrolled in the full-time or dual form of education and obtain a level of education higher than the previously obtained level of education in the sequence determined by part two of Article 10 of the Law of Ukraine “On Education”, as well as doctoral students and persons enrolled in internships. At the same time, we draw attention to the fact that citizens of Ukraine who study in educational institutions and had the right to deferment for the duration of their studies, in case of loss of this right in accordance with Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization“, retain this right until the end of the current academic year.
7. Regarding changes in the procedure for the booking of military liable:
   • the possibility of booking, except for employees and ultimate beneficial owners who are not employees of the company that are critical to the functioning of the economy and ensuring the livelihood of the population during a special period;
   • the not subject to conscription for military service during mobilization, if they are booked with companies and are on a special military registration. That is, at the level of the Law it is fixed that those booked will have a deferment from conscription, provided that they are on special military registration;
   • the criteria and procedure for determining an enterprise as critical for the functioning of the economy and ensuring the livelihoods of the population during the special period should be established by the CMU within one month from the date of publication of the Law (unti May 17, 2024);
   • companies that book military liable, are obliged to issue a deferment from conscription for military service during the mobilization of military liable, which are booked in the district (city) TCC and SS, in the territory of responsibility of which they are located;
   • the procedure and organization of booking, the list of positions and professions, the scope of booking, and the procedure for registration of deferral in TCC and SS should be determined by the CMU within one month from the date of publication of the Law. (until May 17, 2024).
8. Regarding obligations of companies:
   • provide timely notification and arrival of employees involved in the implementation of the obligation to mobilization obligation in the manner prescribed by Article 22 of the Law for assembly points;
   • heads of companies shall facilitate the arrival of Ukrainian citizens to the TCC and SS (“assembly points”) by taking appropriate informational, organizational, and technical measures, with further compensation of the costs of such a process from the State Budget of Ukraine, which shall be made no later than one month after the submission of the relevant request in accordance with the procedure established by the CMU.
9. Regarding new measures of influence:
   • measures to influence males abroad:
     • performance of consular actions in foreign diplomatic institutions of Ukraine under martial law upon applications of Ukrainian male citizens aged 18 to 60 who have not updated their personal data within the period specified by the Law (July 17, 2024) is subject to simultaneous updating. These provisions do not apply in the following cases: issuance of an identity card for returning to Ukraine; consular actions in respect of children of a citizen of Ukraine whose second parent is a foreigner or stateless person; actions on applications of Ukrainian citizens who are under arrest, detained or imprisoned abroad;
     • issuance of a passport of a citizen of Ukraine and a passport of a citizen of Ukraine for traveling abroad by a separate subdivision (branch, representative office) of a state company belonging to the management of the State Migration Service of Ukraine located outside Ukraine to male citizens of Ukraine aged 18 to 60 years is carried out provided that the said persons have military registration documents;
     • the validity of military registration documents is checked by a consular official of a foreign diplomatic institution of Ukraine in accordance with the procedure established by the CMU.
   • temporary restriction of the right to drive a vehicle may be applied to:
     • citizens who do not perform the obligations stipulated by parts 1, 3 of Article 22 of the Law of Ukraine “On Mobilization Training and Mobilization” and commit an administrative offense under Article 210-1 of the Code of Administrative Offenses.
   • the procedure for applying a temporary restriction on driving a vehicle:
     • restriction is set for the period until the requirement is fulfilled or withdrawn;
     • TCC and SS appeal to the police for administrative detention and delivery of the offender to the TCC and SS;
     • in case of receiving information from the police that it is impossible to administratively detain the violator, TCC and SS within 5 days, send the violator a demand to fulfill the obligations, and the citizen, in turn, must perform the obligation within 10 days. The form and contents of the requirement shall be determined by the Ministry of Defense. The requirement is sent to the citizen in paper form by means of postal communication by registered mail with notification of delivery to the address of the location, place of residence, or stay. At the same time, the demand is considered to be served if there is: confirmation of delivery against receipt or a mark of refusal to receive, or a mark of impossibility of delivery for other reasons;
     • in case of failure by the citizen of the requirement, TCC and SS have the right to file a claim with the court within 30 days from the date of occurrence of the grounds;
     • the court shall consider the claim within 30 days from the date of opening the proceedings. The court may dismiss the TCC and SS claim in the following cases: if the existence and adoption of measures determined by the Law are not proved, if, due to such a restriction, deprives a person of the main source of livelihood, if a person uses a car due to a disability;
     • the court decision is subject to immediate execution and may be appealed to a higher court within 15 days from the date of proclamation (delivery) of the court decision;
     • compulsory enforcement of a court decision is carried out by the State Enforcement Service, which transmits information to the National Police, registers and bases of the Ministry of the Interior;
     • upon detection of the fact of driving a vehicle by a person in respect of whom a restriction is applied, liability may apply to him: deprivation of the right to drive a car for a period of 3 to 6 months, temporarily withdraw a driver's license.
10. Regarding military transportation obligation:
    • the procedure for the performance of military transport obligation, the norms of free engagement, withdrawal, and compulsory alienation of vehicles and equipment for the period of mobilization and martial law are determined by the CMU by sectors of the national economy;
    • sending vehicles that are intended for resupply of the Armed Forces of Ukraine and other military formations during a special period and are on military registration with the TCC and SS the joint venture to adjacent areas is allowed after notification of the TCC and SS on the location of the vehicles for a period of not exceeding than one month;
    • will not be subject to transfer to the Armed Forces of Ukraine, other military formations of vehicles owned by the right of ownership of a citizen, in the absence of his ownership of other vehicles.

^{Source: The Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilization and Military Registration” of April 11, 2024, No. 3633-IX.}

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