The third year of the war in Ukraine led to a very acute and sensitive question – who should be subject to general mobilization and, in general, to compulsory service in the ranks of the Armed Forces? Should it be citizens of only certain categories, or the entire working population? However, one of the most painful and discussed issues is the mobilization of women.
For more than two years, the government and the legislative body have been “storming” about this issue, which causes a corresponding reaction among citizens. According to the tradition that has developed in our country, women have never served in the armed forces. There is only a list of professions that require military service, for example, medical workers. But it was so formal and no one took it seriously. However, the wartime made its corrections in life, and now the question of the mobilization of women and, in general, the military registration of women is very real and relevant.
Lawyers from the “Repeshko and Partners” bar association comment on how the mobilization of women takes place in wartime conditions.
First of all, I would like to mention the experience of foreign countries in this matter. Military service in Israel is mandatory for all women and lasts two years, unlike men who serve for two and a half years. At the same time, it is possible to refuse to perform the service due to religious beliefs, but for the citizens of this country, the service is a matter of honor. The conscription of women into the Israeli army has been carried out since 1948 – since the founding of the state. From the beginning, women served purely in the rear positions of nurses, security and others, but since 1995 they have been allowed to join the combat units of the Israeli army.
The first NATO member country in which military service is mandatory for both sexes is Norway, and this norm has been in force in the country since 2015. At the same time, women between the ages of 19 and 44 must undergo military service for a year and a half, and in wartime or when a war threatens to break out, the state can additionally mobilize all able-bodied women under the age of 55. It should be noted that not all women are currently selected for service, but somewhere around 15%.
Sweden also has no gender restrictions on access to military training or service in the armed forces. This norm has been in force in the country since 1989. Women can serve in any branch of the military and in any position, including combat.
In the United States of America, military service is voluntary. It should be noted that the state in every possible way encourages citizens to serve in the army, providing benefits for enrollment in studies, loans, etc. upon discharge. So, like men, women are not registered in the military, but they can serve in the army if they wish.
Now in Ukraine, according to the latest edition of Art. 1 of the Law of Ukraine “On Military Duty and Military Service”:
“Women who are fit for military service due to their health and age and who have graduated from professional (vocational-technical), professional pre-higher or higher education institutions and have obtained a medical or pharmaceutical specialty, are subject to being entered into the military register of conscripts.
Women who have a specialty and/or profession related to the corresponding military accounting specialty specified in the list approved by the Ministry of Defense of Ukraine and are suitable for military service due to their health and age, except for those specified in the first paragraph of this part, are taken to the military registration of conscripts at their request.
Women who are on the military register may be called up for military service or involved in work to ensure the defense of the state in wartime on a voluntary basis. In peacetime, women can be accepted for military service and service in the military reserve only on a voluntary basis (under contract).
Women perform military duty on an equal basis with men (with the exception of cases provided for by legislation on maternity and childhood protection, as well as the prohibition of discrimination on the basis of sex), which includes voluntary acceptance (under contract) and conscription, completing military service, serving in the military reserve, performing military duty in the reserve and observing the rules of military accounting”.
So, now the following categories of women are subject to military registration as conscripts:
- suitable for military service due to health and age (at the same time, fitness for health must be determined by the relevant medical commission, which means that a woman must appear for military service in the prescribed manner);
- have a medical or pharmaceutical specialty, and both according to the results of obtaining a diploma from a university, as well as professional and technical, pre-university (paramedics, nurses, doctors, etc.).
As for women who have a specialty and/or profession related to the corresponding military accounting specialty specified in the list approved by the Ministry of Defense of Ukraine, the specified list includes the following specialties: chemistry, chemical technologies and engineering, biology, food technologies, technology production and processing of livestock products, veterinary medicine, veterinary hygiene, etc. At the same time, the related professions are, for example: professionals in the field of life sciences and medical sciences, professionals in the field of dentistry, research assistants (dentistry), medical assistants, dental assistants, physiotherapists and massage therapists, pharmacists, other assistants of professionals in the field of modern medicine (except nurses), veterinary professionals, veterinarians, veterinary assistants, veterinary support staff, cooks and others.
We note once again that these categories of women are included in the military registration of conscripts at their request.
Thus, women of certain professions – doctors and pharmacists – are currently required to register for the military. But, in turn, women who are on military registration can be called up for military service in wartime only on a voluntary basis!
In order to be entered into the military register, a woman must personally come to the relevant district (city) territorial center of recruitment and social support and submit the necessary documents, the list of which is established by the Ministry of Defense of Ukraine. After that, the Rules of military registration of conscripts, conscripts and reservists will apply to her, which, among other things, state that conscripts, conscripts and reservists women must:
- to be on military registration: personally, within seven days from the day of arrival at the new place of residence, arrive with a passport of a citizen of Ukraine and military registration documents to the relevant district (city) territorial center of recruitment and social support, which organizes and maintains military registration on the territory of the relevant administrative of a territorial unit, for military registration;
- to personally notify within a seven-day period the authorities in which they are on military registration about the change of personal data specified in Article 7 of the Law of Ukraine “On the Unified State Register of Conscripts, Conscripts and Reservists”, as well as to provide the specified authorities with documents confirming the right on postponement of conscription for military service during mobilization on the grounds specified in Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization”;
- verify personal data at least once every five years with the account data of district (city) territorial recruitment and social support centers, SBU bodies.
The most interesting in this sense is Article 7 of the Law of Ukraine “On the Unified State Register of Conscripts, Conscripts and Reservists”, which states that in fact the register must contain up-to-date information on all personal data, including means of communication, a digitized facial image person, information about the date of departure from Ukraine and the date of return to the territory of Ukraine, information about marital status, information about documents issued for going abroad for permanent residence, or leaving for permanent residence abroad, or returning to Ukraine, driver’s license details , information about an internally displaced person and others.
As you can see, with the decree on military registration, the specified categories of women have the obligation to report to the TCC and SP virtually complete information about their lives – from entering into or breaking up a marriage and obtaining a driver’s license, to information about leaving Ukraine. Moreover, all the terms established for male conscripts are fully extended to women as well. Thus, by July 16, 2024, conscripted women must update their military registration data. They can update their personal information in the same way as men: using the “Rezerv+” mobile application, through TCC or TsNAP.
Also, women conscripted for military service are subject to an administrative fine in the amount of 17,000 to 25,500 hryvnias for not registering for military service. The fine can be imposed within three months from the moment of detection of the violation, but no later than one year from the moment of commission.
While the period of mandatory clarification of personal data continues until July 16, the TCC and SP note that they will not send for a medical examination conscripted women who have a deferment from the draft, are over 55 years old, have been booked, as well as those who has a valid military registration document. In turn, conscripted women who do not have a valid military registration document or who receive it for the first time must still pass the VLK.
We would like to remind you that the following categories of women have a deferment from the draft according to the law:
- women with three or more children under the age of 18,
- women who have a child (children) under the age of 18, if one of the parents of such a child (children) is dead, deprived of parental rights, recognized as missing or unaccountably absent, declared dead, serving a sentence in places of deprivation of liberty, as well as when a person raises on his own and keeps the child by a court decision or the entry about the father of such a child in the Birth Registration Book is made on the basis of the first part of Article 135 of the Family Code of Ukraine;
- women dependent on an adult child who is a person with a group I or II disability;
- the guardian of a person recognized by the court as incompetent;
- who have a husband from among persons with disabilities of group I or II
- who have one of their parents with group I or II disability
The list is much longer, but we have noted the most relevant cases.
Now there are many proposals and appeals from officials, deputies and the military that it is necessary to mobilize all women from 18 to 60 years old. Let’s hope that the state authorities will have the common sense not to do this.
