The new law on mobilization, which awaits conscripts

Already on May 18, 2024 , the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Certain Issues of Military Service, Mobilization, and Military Registration" will enter into force. The draft law was discussed for a long time both in society and in the Verkhovna Rada, many amendments were made, so let's see what we got as a result:

- Clarify your personal data within 60 days after the entry into force of the law through the center for the provision of administrative services or through the electronic office of a conscript, conscript, reservist, or at the territorial center of recruitment and social support (paragraph 10 , article 1 of the Law of Ukraine "On military duty and military service" (in the new edition)). I don't see anything new here, because even before martial law conscripts had to be registered. With this norm, they want to speed up the registration of those who have not yet done so. But it is still not clear regarding the clarification of data through the electronic office of the conscript and the center for providing administrative services, because the question of passing the VLC remains, therefore, first of all, there will be a redirection to the territorial center of recruitment and social support. In addition, the electronic cabinet is not yet operational, and its launch is scheduled for mid-June 2024.

- Men aged 18-60 are required to carry a military registration document (certificate card, military card or temporary conscript card), which must be presented at the request of representatives of the TCC and SP or the police, as well as representatives of the State of the border service of Ukraine in the border strip, controlled border area and at checkpoints across the state border of Ukraine (Part 4, Article 20 of the Law of Ukraine "On Military Obligation and Military Service" (in the new version)). The data will be checked in the Unified State Register of conscripts, conscripts and reservists.

- Prohibition of consular actions in foreign diplomatic institutions of Ukraine upon applications of male citizens of Ukraine aged 18 to 60 who have not updated their personal data. This also includes obtaining an internal passport and an international passport through a diplomatic institution (Part 5, Article 20 of the Law of Ukraine "On Military Duty and Military Service" (in the new version)). The exception is the processing of documents for return to Ukraine. Here we return to the first point, through a diplomatic institution or an electronic cabinet you cannot get a VLK conclusion, so I believe that a significant part of men abroad will still have to return to Ukraine to update their data.

- According to Part 1 of Art. 27 of the Law of Ukraine "On Mobilization Preparation and Mobilization" (in the new version) in case of non-fulfillment during mobilization by a citizen of his duties regarding accounting and his committing an administrative offense provided for in Article 210(1) of the Code of Ukraine on Administrative Offenses, the head of the territorial recruitment center and of social support may apply to the police for administrative detention and delivery of such a citizen to the territorial center of recruitment and social support . But please note that detention and delivery are carried out only for drawing up a protocol on an administrative violation, and not for clarifying data or passing a VLK .

- Another measure of influence in accordance with Part 4 of Art. 27 of the Law of Ukraine "On Mobilization Training and Mobilization" (in the new edition) there is a temporary restriction on the right to drive a vehicle during mobilization . To use this measure, the following conditions must be met:

• the citizen did not appear according to the summons,
• the head of the TCC and SP appealed to the police regarding administrative detention and delivery, but received a written response that such actions were impossible,
• after that, the head of the TCC sends to the citizen in paper form by means of postal communication a registered letter with a notice of delivery to the address of his location, place of residence, a demand for the fulfillment of the duty of conscripts. Please note that the day of delivery of the claim may be the day of the notice of refusal to receive the claim or of the impossibility of delivering the claim to a person for other reasons, if that person has not notified the territorial center of recruitment and social support of another address,
• and after non-fulfillment of the requirement, the head of the TCC and JV can appeal to the court regarding the restriction of the right to drive a vehicle.

- The right to adjournment did not undergo significant changes, they affected:

• students of full-time or dual education, because now the right to postponement will be available only if they acquire a higher level of education than their previous education;
• postponement in the presence of a spouse with the 3rd group of disabilities , in addition to the group, it is required that the disability was acquired due to the loss of a limb, foot, hand, one of the paired organs or if the person with a disability has a 3rd group of oncological disease, mental disorder, cerebral palsy or other paralytic syndromes;
• a deferment remained for persons who have one of their parents (or the parents of the spouse) with a disability of group 1 or 2 , but now a requirement has been added in the form of the absence of other persons who are not conscripted and legally required to support them (except cases, if such persons themselves are persons with disabilities, require constant care, are under arrest (except house arrest), are serving a sentence in the form of restriction or deprivation of liberty).

- As for sanctions, another draft law No. 10379 dated 25.12.2023 , which is in the second reading in the Verkhovna Rada, is responsible for them, so it is not yet clear what the voting results will be, of course there is a possibility of rejecting this draft law. But the previous project provides for fines from 17,000 to 25,500 UAH for violation of administrative legislation on military accounting during the mobilization period. As for criminal responsibility, according to the current legislation, it occurs only if a citizen passes the VLC (recognized as fit) and ignores the "combat summons" (mobilization order), while the project provides for criminal liability already for refusing to pass the VLC .

In addition to the above, the new law has many other nuances regarding reservations, transportation obligations, passing the VLC, because the status of "limited suitability" is canceled , so you can familiarize yourself with the detailed changes at the link . We are currently waiting for the law to enter into force, because there are already many disputes among lawyers regarding its application: how the electronic cabinet will work, whether the courts will cope with the additional load , besides, there are already rare cases when the TCC and JV divisions are unable to accept all those who wish to update data. and May 18 has not even come yet. In any case, we recommend that you familiarize yourself with the new changes in the legislation , because, as you know, "ignorance of the laws does not exempt from legal responsibility"!