The war and modern problems related to it dictate certain changes, in particular, in the field of military and mobilization legislation. They are especially relevant in the context of the constant updating of the legislation, which tries to take into account the realities of wartime. At a time when every Ukrainian feels the impact of martial law, it is important to clearly understand the new rules and requirements implemented by the state. From updated criteria for mobilization to expanded duties of conscripts, these changes can have a significant impact on the lives of citizens.
IA “FAKT” together with the leading lawyers of the “Repeshko and Partners” Bar Association is looking into what exactly Ukrainians need to know in order to avoid legal risks and be ready for new realities.
After a long lull, the authorities again took up military and mobilization legislation. The basis for this was the changes that were adopted earlier, and not only came into force, but also began to operate in full. Precisely in connection with the need to understand the application in the practical plane, some norms were agreed among themselves and the procedure for their implementation was determined. Therefore, Ukrainians should be aware of the following legal innovations:
Amendments to the order of cooperation for the execution of court decisions regarding persons who evade military registration
We would like to remind you that in order to start the procedure of depriving a person of the right to drive a vehicle, who has violated military registration (this can be failure to appear at the summons of the TCC, failure to pass a medical examination, failure to clarify his military registration data with the TCC within 60 days, violation of legislation on mobilization), the head of the TCC and JV applies to the police regarding administrative detention and delivery of such a citizen to the TCC. In the future, if the police gives an answer about the impossibility of administrative detention of the violator and, accordingly, delivery to the TCC and SP, the head of the TCC and SP within 5 days sends such a person a demand to fulfill the duty.
If a citizen voluntarily fails to fulfill his obligation within 10 calendar days from the date of delivery of the demand (that is, including if a note is made about the impossibility of delivering such a demand to a person), the TCC applies to the court regarding the restriction of the right to drive a car. At the same time, you should know that failure to attend does not prevent consideration. The case will be considered under the Code of Administrative Procedure of Ukraine, but by local courts of general jurisdiction.
The court considers the claim of the TCC and the JV within 30 days from the day of the opening of the proceedings in the case. At the same time, non-arrival at the court session of persons – both the TCC and the citizen, who were duly informed about the date, time and place of hearing of the case, does not prevent its consideration.
The court is obliged to refuse to satisfy the request regarding the restriction of the right to drive a vehicle, if:
1) establishing such a restriction deprives a person of the main legal source of livelihood;
2) a person uses a vehicle in connection with a disability or being dependent on a person with a disability of the I, II group, recognized in the established procedure, or a child with a disability.
The decision of the court in this case is subject to immediate execution.
After the court satisfies the claim of the TCC and the decision becomes effective, the court decision on the temporary restriction of the citizen’s right to drive a vehicle is handed over for execution, and already the decision on the opening of executive proceedings no later than the next working day from the day of its issuance is sent to the National Police authorities for application to persons temporarily restricted in the right to drive a vehicle during mobilization.
It is to improve this mechanism that the Ministry of Internal Affairs and the Ministry of Justice, by joint order No. 710/3016/5, which was registered in the Ministry of Justice on November 7, 2024, made changes to the Procedure for the interaction of the Ministry of Internal Affairs, the National Police of Ukraine, and bodies and persons that carry out enforcement of court decisions and decisions of other bodies.
At the same time, in accordance with the changes made, the reasoned resolution on establishing a temporary restriction on the debtor’s right to drive vehicles, a resolution on opening executive proceedings for the enforcement of a court decision on the temporary restriction of a citizen of Ukraine’s right to drive a vehicle during mobilization is sent to the Unified Information System of the Ministry of Internal Affairs (UEIS ) in electronic form using the KEP of the state executor who issued the relevant resolution, through ASVP (Automated System of Executive Proceedings).
Thus, the implementation of the sanction for violation of mobilization legislation will take place much faster, without additional paper messages and wasting time on sending and receiving them.
In addition, the temporary restriction on the right to drive a vehicle is terminated also on the basis of the decision of the state executor in the event of the end of the enforcement proceedings on the basis of clause 21 h. 1 of Article 39 of the Law, namely the fulfillment or withdrawal of the requirement of the TCC in accordance with the Law “On Mobilization Preparation and Mobilization”, the cancellation of the court decision on the temporary restriction of the right of a citizen of Ukraine to drive a vehicle during mobilization, if enforcement proceedings have been initiated based on such a decision.
We remind you that in the event that a person to whom a restriction on the right to drive a car is applied nevertheless continues to drive a vehicle, he will commit an administrative offense, which is provided for in part 3 Art. 126 of the Code of Administrative Offenses – driving a vehicle by a person with a temporary restriction on the right to drive vehicles. Violation of this norm is punishable by deprivation of the right to drive vehicles for a period of 3 to 6 months.
A repeated violation entails the imposition of a fine in the amount of UAH 40,800 with the deprivation of the right to drive a vehicle for a period of 5 to 7 years and with or without paid seizure of the vehicle.
Return to service with the SZCH
On November 21, 2024, the Verkhovna Rada of Ukraine voted for a law that provides for military service and action for military personnel who voluntarily left their place of service until November 29, 2024, but then voluntarily returned before January 1, 2025 and expressed a desire to defend the Motherland from the Russian aggressor the contract continues.
In fact, the final provisions of the “Law of Ukraine “On Military Duty and Military Service” have been supplemented by a new clause: 7-2 , which establishes the following:
1) military personnel who voluntarily left military units or places of service or deserted before the entry into force of the Law of Ukraine “On Amendments to Chapter XII “Final Provisions” of the Law of Ukraine “On Military Duty and Military Service” regarding the conditions for continuing military service during martial law to certain categories of servicemen” and whose military service is suspended, as well as who voluntarily arrived no later than January 1, 2025 to the relevant military units (places of military service), determined by the central bodies of the executive power, which in accordance with the law exercise leadership of the Armed Forces of Ukraine and other military formations and have expressed readiness to continue military service, the commander (chief) of the military unit no later than 72 hours from the day of their arrival at the military unit or place of service continues accordingly military service, the validity of the contract, and also renews the payment of money and the provision of food, material, and other types of security. From the moment of continuation of military service, benefits and social guarantees established by the legislation of Ukraine are renewed for such servicemen;
2) on the day of the extension of military service to the servicemen specified in subparagraph 1 of this paragraph, the commander (head) of the military unit informs in writing about such extension the body of pre-trial investigation and the relevant management body of the Military Service of Law and Order in the Armed Forces of Ukraine;
3) the fact of opening a criminal proceeding regarding the criminal offense provided for articles 407 and 408 of the Criminal Code of Ukraine, in relation to the military serviceman specified in sub-clause 1 of this clause, is not a reason for refusing to extend his military service and the validity of the contract;
4) to the servicemen specified in subparagraph 1 of this clause, from the day the commander (chief) of the military unit makes the decision to suspend military service until the day of its continuation, payment of unreceived cash, implementation of unreceived food, material, other types of provision and distribution of benefits and social guarantees established by the legislation of Ukraine for military personnel, are not carried out.
This provision of the law was positively received by both specialists and the general public. The Armed Forces of Ukraine reported that 6,000 servicemen returned to military service in November of this year.
Note that this provision of the law applies exclusively to servicemen who voluntarily left military units or deserted for the first time.
In order to make the return of servicemen as motivated as possible, the state has defined a mechanism that ensures the return of such servicemen. In particular, the military after the SZCH will be allocated to the battalions of the reserve of the army corps of the operational reserve, and then to the designated military units (except for the one that they voluntarily left). The fact is that according to the results of the survey of military personnel who went to the SZCH, in many cases they have their reasons for not returning to their previous units. Also, the Minister of Defense has identified 17 separate military units for such troops.
Therefore, the adopted law guarantees that upon fulfillment of its conditions, the automatic procedure of closing the criminal prosecution, which was initiated against a serviceman who went to the SZH, begins.
At the same time, if the serviceman does not return to the place of service by January 1, 2025, the criminal proceedings may be terminated by a verdict.
If you are wanted for violation of military registration, the possibility of booking is excluded
The main news carried by the news channels was as follows: “If a conscript is wanted, he will not be able to count on reservations.” But this is only a small part of the changes made.
The above is established in the new edition of the Procedure for booking conscripts for the period of mobilization and for wartime, which was approved by the resolution of the Cabinet of Ministers of Ukraine dated November 22, 2024. No. 1332. However, this resolution was not only about this. Cancellation of deferrals specified in subparagraph 1 of this clause (deferrals from conscription for military service during mobilization, which were granted to conscripts by decisions of the Ministry of Economy before this resolution came into force, are valid during the period for which they were granted, but not longer than February 28, 2025), is carried out in case of:
- expiry of their validity period;
- completion by the enterprise, institution, organization of production of goods, performance of works and provision of services to meet the needs of the Armed Forces and other military formations;
- deprivation of an enterprise, institution and organization of the status of critical importance for the functioning of the economy and ensuring the livelihood of the population in a special period by the body that made a decision to define such enterprises, institutions and organizations as critically important for the functioning of the economy and ensuring the livelihood of the population in a special period;
- liquidation of a state power body, another state body, local self-government body, enterprise, institution and organization;
- dismissal of a conscript from a body of state power, another state body, local self-government body, enterprise, institution and organization (except for dismissal from a position with subsequent appointment to another position within one body of state power, another state body, local self-government body, enterprise, institutions and organizations);
- temporary termination of the employment contract of a conscript with an enterprise, institution, or organization;
- a substantiated submission of the head of the state authority, other state authority, local self-government body, enterprise, institution and organization;
- granting a postponement for other specified reasons Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization”.
In addition, according to these changes, within 72 hours from the moment of formation of the list by means of the Unified State Register of conscripts, conscripts and reservists, the transfer of a conscript to a special military record for the period of deferment is carried out automatically in the event that the conscript:
- is on military registration;
- is in labor relations with a state body, a critically important enterprise, a critically important institution;
- holds a position at a critically important enterprise, in a critically important institution, for which he was charged a salary for each month of the last reporting period (quarter) not lower than the minimum wage for the country, multiplied by a factor of 2.5 (i.e., 20 thousand UAH). This does not apply to state and communal enterprises, institutions and organizations, economic societies, in the authorized capital of which more than 50% of the shares (parts) belong to the state or are in communal ownership, and economic societies, more than 50% of the shares (parts) of which belong to economic societies, fraction state or communal property in which it is 100%);
- clarified personal data (provided by the law on strengthening mobilization, i.e. current address, phone number and e-mail);
- is not wanted.
Recent changes in military and mobilization legislation are important for conscripts, as they directly affect their rights and responsibilities. Knowledge of these innovations helps to avoid legal mistakes, better navigate the mobilization system and timely seek legal help in difficult situations. Staying informed and acting within the law is the duty of every responsible citizen.
