In modern conditions, military law has become one of the most dynamic and significant branches, which is in a constant process of change and adaptation. Today’s realities demand not only improvement of the legislation, but also its prompt application in practice. This applies to both military personnel and conscripted citizens, whose rights and obligations under martial law undergo significant transformations. Recent changes in military legislation require an increase in the legal literacy of citizens. If earlier most issues related to military service concerned only a narrow circle of people, now they concern almost every Ukrainian family.
In order to help Ukrainians better understand the most pressing issues of military law, IA “FACT” turned to the lawyers of the “Repeshko and Partners” Bar Association for comments. They explained in detail what recent changes have occurred and why they are important.
Indeed, no branch of law is currently undergoing as many changes as the military. This is quite understandable, because even five years ago, few people knew what military law was and what it was for. Separate issues have arisen since 2014, but they have not yet acquired a mass nature. Let’s say more, even in the 2000s, there were separate military prosecutor’s offices with investigative departments and separate military courts in Ukraine. But in the future, they were eliminated, although now the issue of returning at least not individual military courts, but individual military judges in local courts, which will have a narrow military specialization, is being raised.
Missing persons
Previously, it was an extremely difficult task for the relatives of missing servicemen to receive a deferment from conscription during mobilization. The problem was a conflict between two similar concepts: “a person missing under special circumstances” and “a missing person”. These concepts, although they seemed similar, had different legal bases and requirements for confirming the status.
The status of “person missing under special circumstances” was confirmed by a certificate from the Unified Register of Persons Missing under Special Circumstances. This register was created to record such cases in the context of martial law. Instead, the status of a “missing person” was determined by a court decision – it was a long and complicated procedure that required the participation of a judge and two juries. Such a discrepancy created legal obstacles for relatives who sought to exercise their rights.
However, on January 14, 2025, the Cabinet of Ministers of Ukraine adopted changes that reconcile these two concepts and significantly simplify the procedure for obtaining a deferment for relatives of missing military personnel. Now, only an extract from the Unified Register of Persons Disappeared Under Special Circumstances is sufficient to obtain a deferral. A court decision to recognize a person as missing is no longer required. This not only removes bureaucratic obstacles, but also allows relatives to focus on supporting the family, and not on lengthy court processes.
Now, according to the new rules, the following are entitled to a postponement:
- women and men whose close relatives (husband, wife, son, daughter, father, mother or siblings) went missing during the defense of Ukraine and martial law;
- women and men (or guardians) who raise a child up to the age of 18, if the second parent of the child is recognized as missing or unaccountably absent.
It should be noted that the status of “missing under special circumstances” is acquired from the moment of entering information into the Unified Register of Missing Persons. This is possible after submitting a statement about the fact of a person’s disappearance. Thus, the very fact of entry into the register is sufficient to exercise the rights of relatives.
Adopted changes make life much easier for relatives who previously faced great difficulties due to complex bureaucratic procedures. Now the process has become faster and clearer, and relatives can get the necessary reprieve without unnecessary delays. This is an important step of the government, which takes into account the needs of citizens in a difficult time for the country.
Military registration of 17-year-olds
On January 9, 2025, a new law was adopted in Ukraine, which provides for important changes to the Law of Ukraine “On Military Duty and Military Service”. These changes relate to the peculiarities of the inclusion of citizens of Ukraine in the military registration of conscripts and their medical examination during basic military training. The law pays special attention to 17-year-old youths, who are now obliged to register for the military within a certain time frame. This innovation is aimed at improving the system of military accounting, as well as at increasing the defense capability of the state in conditions of martial law.
According to the law, all young men who turn 17 in the year of registration must undergo the registration procedure between January 1 and July 31. There are two ways to do this: through the conscript’s electronic office or in person by visiting a district or city territorial center of recruitment and social support. In the first case, young people need to go through electronic identification, clarify their personal data and provide all the necessary information in electronic format. In the second case, they have to submit documents, the list of which is determined by the Ministry of Defense of Ukraine, directly to the TCC and SP.
Previously, the registration procedure provided for a much shorter period, which lasted from January to March. The new law extends this period until July, which gives more time to fulfill the duty and allows to reduce the burden on the procurement authorities. However, if the young man is not registered by the specified date, it will be possible to do so only through a personal appearance at the TCC and SP, but without the possibility of using the electronic cabinet. Such a situation also involves the risk of administrative liability.
The law provides a list of valid reasons for which failure to register within the prescribed period may be justified. Such reasons include illness confirmed by medical documents, natural disasters, living in temporarily occupied territories or in zones of active hostilities, as well as other circumstances that must be confirmed by relevant documents of state authorities. In the absence of such reasons, violators are subject to administrative liability. We will remind that currently according to Art. 210 of the Code of Ukraine on administrative offenses in case of violation by conscripts, conscripts, reservists of the rules of military accounting in a special period, the amount of the fine is from UAH 17,000 to UAH 25,500. In addition, according to Art. 2101 According to the Code, those who violate the legislation on mobilization training and defense can be punished with similar fines.
The new law is also designed to improve the accounting system through the use of modern technologies. The electronic office of the conscript is a convenient tool for young men and allows reducing bureaucratic complications. At the same time, it ensures efficiency and transparency in the work of territorial picking centers. The extension of terms and the introduction of new mechanisms are a response to the challenges faced by the country in connection with martial law.
It should be noted that in Ukraine, administrative responsibility begins at the age of 16, as defined by the Code of Ukraine on Administrative Offenses. This means that even young citizens who have just reached this age must carefully follow the requirements of the law to avoid possible sanctions. Early fulfillment of one’s obligations to the state not only facilitates procedures, but also prevents legal complications.
Military registration of women
Separately, the legislation regulates the issue of women who may be involved in military registration. The Law “On Military Duty and Military Service” specifies that women who are fit for military service due to their health and age can be registered in several cases.
First, women who voluntarily expressed their desire to undergo basic military service are registered as conscripts at their own request. This happens immediately before being sent to the service. After its completion, they can, if desired, be included in the list of conscripts, which is regulated by the eleventh part of Article 26 of this law. This opens the possibility for women to continue to serve in the reserve or participate in mobilization activities.
Secondly, women who have acquired a medical or pharmaceutical specialty in institutions of professional, professional pre-higher or higher education are subject to mandatory registration for military service. Their knowledge and skills are essential to support the medical component of the army in wartime.
Thirdly, women who have professions or specialties related to the military accounting specialties approved by the Ministry of Defense of Ukraine can be included in the military registration at their request. This provision gives them the opportunity to contribute to the strengthening of the country’s defense capabilities, especially if their professional skills can be useful in the military field.
Legislative changes emphasize the importance of involving women in the military accounting system. This demonstrates an awareness of the role of women in the defense of the state, while at the same time giving them the right to decide for themselves whether they want to participate in military service. Compliance with these norms is mandatory, and non-compliance may lead to administrative liability.
Therefore, changes in military legislation continue to be improved, taking into account the needs of modern times. It is expected that further adjustments will be aimed at expanding capabilities and clarifying procedures to ensure the effective functioning of the military system. Stay tuned, because awareness is the key to successfully enforcing your rights.
