Legal news for persons liable for military service: clarification of the latest changes
Military law continues to be one of the most dynamic areas of Ukrainian legislation. Every month, new laws and changes to existing regulations are passed, which directly affect both military personnel and civilians. The latest updates touch on issues of mobilization, social protection and liability for war crimes.
Lawyers of the “Repeshko and Partners” Bar Association commented on the latest innovations and explained important aspects of legislative changes. We hope that their comments will help find answers to the most urgent legal questions related to military service and its legal regulation.
Changes in the order of payments to the families of missing or captured servicemen
From February 1, 2025, relatives of servicemen who were captured or went missing will receive the serviceman’s financial support not in full, as before, but only half of it – 50%. The second half of the financial support does not disappear anywhere, but remains to wait for the serviceman until he returns. At the same time, if it is established that the death of a serviceman has really occurred, this part (the other 50%) is included in the composition of his inheritance, which the heirs already receive either by law or by will.
But there are exceptions to this general rule. This second half of the financial support will not go to the inheritance, but will be immediately paid to the relatives of the serviceman, as if the latter made a personal order in case of his capture or disappearance, if such order provides for another share (it can be 100%).
The procedure for drawing up such a personal order is the same as the order in case of death. We will remind that when drawing up a personal order, payments are received by those who are specified in it. But in no case can you deprive minors, minors, adult disabled children, disabled widows (widowers) and disabled parents of a deceased (deceased) person from receiving payments. If they are not named in the personal order, they must be paid 50% of what each of them would have received if there was no order.
At the same time, there are two options for drawing up a personal order: certifying a personal signature at the commander of a military unit or certifying a signature at a notary public. Both options have the same legal force. The original of the personal order is handed over by the serviceman to the commander of the military unit, the commander/head of the unit of the body (service, military formation). If the order is certified by the commander of the HV – on the same day, if by a notary – within 10 days. The commander who accepted the order must make a record of the acceptance of the order on a copy of such order. Such a copy remains in the custody of the serviceman.
The law stipulates that the original of the personal order is kept in the relevant district (city) TCC and SP at the place of registration of residence or at the place of conscription (acceptance) for military service of such a person, if such conscription (acceptance) for military service was (was) carried out not at the place of registration of the place of residence of the conscript or reservist.
It should be noted that the family members of a serviceman who has already disappeared or is already in captivity will no longer be able to change the situation – from February 1, they will be paid only half of the financial support. However, for those military personnel who understand the risks of being in a combat zone, there is a chance to take care of the protection of their family and there is time to draw up an appropriate personal order.
Do the parents of a minor teenager have the right to accompany him to the TCC and SP when he is registered
We would like to remind you that every year from January 1 to July 31, male citizens of Ukraine who turn 17 in the year of military registration are registered as conscripts with relevant information entered into the Unified State Register of conscripts, conscripts and reservists by:
- passing electronic identification and clarifying personal data using the electronic office of a conscript, conscript, reservist in the manner determined by the Cabinet of Ministers of Ukraine;
- personal arrival at the district (city) territorial center of recruitment and social support with submission of the necessary documents, the list of which is established by the Ministry of Defense of Ukraine.
Citizens of Ukraine who did not enter the military registration of conscripts during the period specified in the first paragraph of the third part of this article (from January 1 to July 31) are registered for military registration of conscripts only after personal arrival at the district (city) territorial center of recruitment and social support.
Many caring parents have a question here – is it safe to let their son go on his own? Wouldn’t it be more appropriate to come with him to the TCC and SP and see with his own eyes what documents the child will sign and how the procedure itself will actually go? It is possible to understand the concern of parents, in general they are right and have the right to accompany the child to the TCC and SP, but as they say, there are nuances. The TCC and SP do not want to let anyone into their territory – neither parents, nor lawyers, although no law contains a direct prohibition. In this case, the reference is to the fact that the territory of the TCC is a regime object, which can be entered by conscripts, military personnel or those who were directly summoned by the TCC and the SP itself.
It is necessary to know that the entrance to TCC and SP is not free. In some cases, it is carried out by electronic queue numbers, sometimes – by one-day passes issued at the entrance. In those TCCs and joint ventures where there is an electronic queue, it is by name – whoever is registered in turn will be let in. In this case, so that unnecessary questions do not arise, the current advice is to get two electronic numbers with the consecutive time of entry to the TCC – one for the child in her name, and the other for yourself in your own. It is more difficult with those TCCs and joint ventures where entry is by pass or only for those who will be let by security. In such a case, one can only hope for the good will of TCC and JV employees. Since the issue is already quite fundamental, we advise you to call the police team to the TCC and SP. It is up to the police to explain that you want to accompany a minor child, because you are responsible for them. However, unfortunately, none of the proposed actions can guarantee one hundred percent that you will be admitted to the TCC and joint venture with a child. But it’s worth a try.
Deprivation of driver’s license due to violation of military registration
Finally, what many were waiting for happened – some with fear, some with curiosity. Kuznetsovsky city court of Rivne region on case no 565/2692/24 On January 22, 2025, he made a decision on an administrative case regarding a lawsuit against a conscript for a temporary restriction on the right to drive a vehicle.
According to the terms of the case, the citizen is on military registration at the TCC and SP, in accordance with Article 22 of the Law of Ukraine “On Mobilization Training and Mobilization”, he was obliged to clarify his registration data within the period established by law. However, he did not fulfill such an obligation, the request of the TCC and the SP for his delivery by the police was not fulfilled, he did not appear at the request of the TCC and the SP on October 28, 2024, which by virtue of the law is the basis for temporarily restricting a person’s right to drive vehicles until the specified requirement is fulfilled by this citizen.
As established by the court, according to the information of the Unified State Register of conscripts, conscripts and reservists, the citizen did not update his credentials through administrative service centers or the electronic cabinet of conscripts, conscripts, reservists, or in the territorial recruitment and social support center at the place of his stay. The above indicates that the person violated the requirements of Part 3 of Article 22 of the Law of Ukraine “On Mobilization Training and Mobilization”.
From the content of the materials submitted to the court, it was established that in connection with the non-fulfillment of the military serviceman’s obligation to update the account data, the TCC and SP to the Varas RVP of the GUNP in the Rivne region on 21.09.2024, a request was sent to bring the person to the TCC and SP to draw up a protocol on an administrative offense. The specified appeal was registered in the Varassky RVP of the GUNP in the Rivne region on 09/23/2024.
It can be seen from the content of the response of the Varasky RVP of the GUNP in the Rivne region dated 10.23.2024 that it was not possible to deliver the person to the TCC and SP due to the absence of a conscript at the place of registration and the failure to establish his location, as well as establishing the fact of his stay outside Ukraine.
The court found that on October 28, 2024, the TCC and the SP drafted Requirement No. 6997 on the fulfillment of the duty(s) by conscripts, reservists, by which the citizen was summoned in accordance with Article 27 of the Law of Ukraine “On Mobilization Training and Mobilization” to perform the duties provided for in part 1, 3 of Article 22 of the said Law, the TCC and the SP on 12.11.2024, and it was reported that the consequence of non-fulfillment of this requirement will be an appeal by the TCC and the SP on the basis of Article 283-2 of the Civil Code of Ukraine to the court with a claim for the application of a temporary restriction on the right to drive a vehicle during mobilization.
The specified request was sent to the citizen’s place of registration on 10/30/2024. As can be seen from the postal message, the message was not delivered, but was returned to the sender on 11/13/2024 with a note about the reasons for the return: “after the expiration of the storage period”.
According to Clause 101 of the Rules for the provision of postal services, approved by Resolution of the Cabinet of Ministers of Ukraine No. 270 of 05.03.2009 (with subsequent amendments), in case of impossibility of delivery to the addressees (recipients), postal items are stored by the postal facility of the destination for the period established by the postal operator. In case of non-delivery of a registered letter marked “Court subpoena”, “TCC subpoena” or a registered postal item marked “Administrative service”, such items together with the notice of delivery form shall be returned to the return address in the manner specified in clauses 81, 82, 83, 84, 91, 99 of these Rules, indicating the reason for non-delivery. Thus, the return of registered mail with the wording “after the expiration of the storage period” indicates that it was not delivered to the addressee due to impossibility.
According to the Law of Ukraine “On Mobilization Training and Mobilization”, the day of delivery of the requirement is:
1) the day of delivery of the claim under receipt by means of postal communication;
2) the day on which the notice of refusal to receive a claim or the impossibility of delivering a claim to a person for other reasons at the address of the location, place of residence or stay of the person, notified by that person to the territorial center of procurement and social support, is placed in the postal message;
3) the day on which the notice of refusal to receive a claim or a notice of the impossibility of delivering a claim to a person for other reasons at the address of the location, place of residence or stay of the person registered in accordance with the procedure established by law, if this person has not notified the TCC and SP of a different address, is placed in the postal message.
Under such circumstances, the court established that, in the sense of the above-mentioned norm, a demand for the performance of duty by a conscript, a reservist sent to the name of a conscript at his registered place of residence, is considered served. From the content of the report of the authorized person of the TCC and SP, it can be seen that within the established 10-day period from the date of delivery of the demand, the citizen did not appear at the TCC and SP, and according to the information of the Unified State Register of conscripts, conscripts and reservists, he still has not updated his registration data.
Therefore, the court made a decision – to apply to the citizen a temporary restriction on the right to drive vehicles during mobilization, for the period until the fulfillment or withdrawal of the requirements of the TCC and SP on the fulfillment of the duty of conscripts.
We have considered this decision so carefully that you understand the mechanism by which TCC and JV will act in similar cases. In general, this is one of the first such decisions of the court, but it is certainly far from the last.
