Every day, the realities of military service in Ukraine are undergoing significant changes, which directly affects everyone who joins the Armed Forces. In the face of today’s challenges, the state continues to adapt legislation to ensure legal regulation of military issues. The new rules of military law cover all aspects of military service, from conscription to liability for violations. Therefore, everyone who receives a call-up or is already preparing for service should be aware of the basic rights and obligations enshrined in these legislative changes. In particular, they relate to the conscription procedure, as well as other important aspects regulated by the updated legislation.
The lawyers of Repeshko & Partners Law Firm commented on the main innovations that should be known to those who will soon be called up for service and provided practical advice on how to act within the framework of the new legal norms.
Unfortunately, the issues of military law in today’s environment do not lose their relevance. At the same time, in our opinion, innovations or changes in this field occur in waves – sometimes almost nothing happens in the legal field, sometimes the news follows one after another. None of the branches of law is currently living such an active life. The month of October also brought us a number of interesting developments, which we will now deal with. We would like to note that this is not all the news of recent weeks, but among the news that is available, these are the most pressing issues and those for which there is an understanding of the completeness and at least partial completeness of the information.
New rules for conscription
On 01 October 2024, Resolution of the Cabinet of Ministers of Ukraine No. 1130 came into force, which amended the procedure for conscription of citizens for military service during mobilisation, for a special period, approved by Resolution of the Cabinet of Ministers of Ukraine No. 560 of 16 May 2024. We would like to draw your attention to the fact that the amendments apply exclusively to persons liable for military service and reservists. These changes do not apply to military personnel.
In accordance with these amendments, citizens are called up for military service during mobilisation and for a special period:
- in respect of persons liable for military service and reservists (except for reservists who have concluded contracts for service in the military reserve) – by district (city) territorial recruitment and social support centres;
- in case of persons liable for military service and reservists who voluntarily expressed a desire to perform military service in a military unit of their choice, commanders of military units or district (city) territorial centres for recruitment and social support.
- in respect of persons liable for military service who voluntarily expressed their desire to perform military service during mobilisation or for a special period in a unit, body, institution or establishment of the SSU chosen by them – heads of units, bodies, establishments or institutions of the SSU in accordance with the list of units, bodies, establishments or institutions of the SSU determined by the General Staff of the Armed Forces;
- in respect of persons liable for military service and SSU reservists – the SSU Central Directorate or regional bodies;
- in the case of persons liable for military service and reservists of intelligence agencies – heads of intelligence agencies or heads of relevant units designated by their orders;
- for reservists who have signed contracts for service in the military reserve – commanders of military units with which the reservists have signed such contracts.
Thus, as we can see, persons liable for military service and reservists have been given the opportunity to choose the unit where they would like to serve, quite officially, with the regulation in the legislative space. These are quite progressive and positive changes, as it is no secret that some military units are legendary and stand out from the rest due to their better training and experienced and competent commanders, who have conducted many successful and complex military operations.
Such a call-up of citizens for military service during mobilisation is issued by an order of the head of a district (city) CMC and JFO, a military unit commander, the head of an intelligence agency or the head of a relevant unit designated by him/her, the Head of the SSU, his/her deputies or the head of a unit, body, institution or establishment of the SSU.
In case of call-up of persons liable for military service and reservists for military service during mobilisation or for a special period not at the place of their military registration (except for those persons who voluntarily expressed their desire to serve in military service during mobilisation or for a special period), such persons are registered for military service at the district (city) CMC and JV that performs their call-up before being called up for military service. We would like to draw attention to the fact that the list of military units whose commanders are responsible for conscripting persons liable for military service and reservists during mobilisation is determined by the General Staff of the Armed Forces. This means that not every military unit in the Armed Forces has the ability to mobilise persons liable for military service.
Of course, the list of military units to which you can be mobilised is not freely available, and this is quite logical. Therefore, we recommend that you contact the officials of the military unit to which you wish to be mobilised and clarify the availability of such an opportunity and the prospects for mobilisation.
Regulatory changes to the conscription procedure
Regulatory changes to the conscription procedure include the following:
A person liable for military service and a reservist who has expressed a desire to perform military service during mobilisation in a military unit of his or her choice is sent to a military enlistment office for a medical examination by the CMC and JIC or the commander of the military unit.
Before mobilisation of a person liable for military service or a reservist who has expressed a desire to be called up for military service in a military unit of his/her choice, the commander of such a military unit must examine the identity documents of such a person, his/her military registration documents and other documents certifying his/her education and professional speciality.
Based on the results of the determination of the degree of fitness for military service for health reasons and professional and psychological selection, the commander of a military unit decides on the call-up of persons liable for military service and reservists for military service during mobilisation or for a special period.
If a person liable for military service or a reservist does not meet the requirements for military service for health reasons or professional and psychological characteristics, the commander of the military unit refuses to call a person liable for military service or a reservist who has submitted a relevant application for military service during mobilisation or for a special period to the military unit of his/her choice.
We would like to emphasise that the commander of the selected military unit may refuse, for example, to call up a person to a specifically selected military unit due to poor professional and psychological characteristics or health reasons, taking into account the specific position to which the person wants to be called up, but this does not mean that such a person cannot be called up by another commander to another military unit or under a call-up from the CMC and JV or to another position.
If a decision is made to mobilise a person liable for military service or a reservist to a particular military unit, the commander of such unit sends an extract from the order on his/her call-up for military service during mobilisation to the CCC and JV at the place of military registration of the person liable for military service or a reservist within 7 days. Based on this extract from the order of the commander of the military unit, the CCC and JV removes the person liable for military service or reservist from the military register in connection with a call-up for military service during mobilisation for a special period.
Information on the call-up of reservists and persons liable for military service during mobilisation is entered into the Unified State Register of Conscripts, Persons liable for Military Service and Reservists and recorded in the records of the reservist (person liable for military service) no later than the next day after he or she is sent to military units or on the day of receipt of an extract from the order of the commander of a military unit on the call-up and enrolment of a reservist or person liable for military service in the lists of the military unit.
When a reservist or person liable for military service is called up for military service during mobilisation, an entry is made in his or her military registration documents indicating the grounds and date of call-up, affixed with a stamp and signed by the official who carried out the call-up, as well as a note on deregistration in connection with call-up for military service during mobilisation.
Please note that a person liable for military service or a reservist who has expressed a desire to perform military service during mobilisation in a specific military unit chosen by him/her is called up for military service during mobilisation for a special period on the basis of a handwritten application addressed to the commander of the military unit, in the form according to Annex 13, indicating the chosen (proposed) position within the main (combat) units of the relevant military unit, subdivision, body, institution or establishment of the SSU.
We emphasise that if a man has been mobilised and is currently undergoing training, he will not be able to take advantage of these changes – it is too late. Only persons liable for military service can take advantage of these changes.
As for the training of persons mobilised in this way, they are first enrolled directly in the military unit of their choice, and then sent on a business trip to a training centre for basic general military training.
This mechanism allows a person to be guaranteed to get into the same unit and the same military unit where they wish to serve. Although there was previously recruitment to individual military units, in practice it did not work as intended and desired – there were many cases when a serviceman did not get to the unit in which he planned to serve and with which he had previously agreed. Unwilling assignment took place either to the TCC and JTF or to a training centre.
Another thing to keep in mind is that a military unit cannot and does not have the right to conduct compulsory mobilisation, but can only mobilise those who wish to join the unit voluntarily.
Legislative changes regarding the partially fit
The following significant changes relate to persons with limited fitness for military service under the age of 25. Amendments were adopted to two laws of Ukraine: ‘On Military Duty and Military Service’ and “On Mobilisation Training and Mobilisation”, which became effective on 9 October 2024.
According to the new legislative provisions, during the period of martial law, servicemen and women who are called up for military service during mobilisation, for a special period, from among the persons who, on the day the Law of Ukraine ‘On Amendments to Certain Laws of Ukraine on Ensuring the Rights of Servicemen and Police Officers to Social Protection’ came into force, were registered as persons liable for military service as follows who were declared medically unfit for military service in peacetime, or partially fit in wartime, and who had not reached the age of 25, could be discharged from military service to the reserve unless they expressed a desire to continue military service.
Also, during the period of martial law, persons liable for military service who were registered for military service on the day the law came into force, persons liable for military service who are declared unfit for military service in peacetime and partially fit for military service in wartime for health reasons, are not subject to call-up for military service during mobilisation until they reach the age of 25. During this period, such persons may be called up for military service with their consent.
As of today, the final text of the law adopted by the MPs is not yet freely available, but we understand that there should not be any significant differences.
Thus, the October changes to the mobilisation legislation are generally positive. We hope that government agencies and officials will comply with the laws and regulations and that they will work properly, not on the principle that they meant well, but it turned out as usual.
