The official parliamentary publication “Voice of Ukraine” published a new law on mobilization, which will enter into force on May 18, 2024. In it, the legislators lowered the conscription age to 25 years, and also introduced additional restrictions for the so-called evaders. What can Ukrainian men who are currently abroad expect? The answer is provided by the “Repeshko and Partners” Bar Association.
The recently adopted law contains a rather controversial approach to a number of provisions, in particular, clarification of military accounting data. First of all, after its entry into force, men who are outside Ukraine will need to update their data within 60 days until July 16, 2024. All men between the ages of 18 and 60, including students and persons with disabilities. To do this, they need to inform the TCC of their current personal data – address of residence, place of work, phone number, e-mail address, etc. However, you do not have to return home for this, it is enough just to inform that you live in another country and not to send a summons to the address registered with the CEC. Such an innovation in the law was introduced so that the state body does not waste its time and resources on notifying those who are currently abroad.
According to the law, you are not required to return home after updating or clarifying information, as well as receiving military registration documents, they can be obtained remotely. Military registration of men abroad is possible through the electronic account of the conscript (when it becomes available), the consulate, the official telephone number or e-mail of the TCC.
How the data will be updated in remote mode has not yet been determined. The Cabinet of Ministers should adopt a number of by-laws aimed at implementing the provisions of the new law. However, even if an electronic account of a conscript with his actual address, e-mail and phone number is created, it is not known how he can get a military ID.
As you know, in any case, men receive a military card only after passing a military medical commission (MMC), but the law does not say how it can be passed abroad. Even if an appropriate mechanism were developed for its passage, there are great doubts about the fact that men will go voluntarily to pass the commission and inform the military commissariat about their whereabouts. As long as a person has not passed it, he remains a civilian. It is the VLK that decides whether she is suitable for military service. If the man has not updated his data and they will try to prosecute him for this, the court will first find out whether he passed the commission. If not, the case will be closed.
Many Ukrainians abroad are confused by the question: will they be mobilized after the adoption of the new law? Lawmakers assure that Ukrainian refugees will not have any additional obligations after updating their data, they will not be deported or forced to return to Ukraine during martial law, such tools have not been developed at the moment. Updating the data of the required conscripts is necessary only so that the General Staff has information about how many of them are currently abroad.
You can also update your data by applying to the diplomatic institution of Ukraine, for this you will need to provide them with:
– passport of a citizen of Ukraine;
– a document confirming your place of residence abroad;
– military document (if available);
– a document about education (if available).
At the same time, after being registered abroad, you will have to notify within 7 days of a change in your place of residence, marital status or education.
If you do not register for military service abroad, you may be fined from 3,400 to 5,100 hryvnias or restricted from driving a car (the TCC can apply to the court with such a request and it must make a decision within 30 days). However, such a restriction is unlikely to apply to those who do not have a driver’s license, they will certainly not be punished, they may even return to Ukraine with an expired passport.
Another sanction for non-compliance with the requirements of the new law is the restriction of obtaining consular services, in particular, the possibility of issuing a Ukrainian or foreign passport. It is noteworthy that there are now very long queues at the passport desks of European countries, because Ukrainians urgently rushed to renew their passports before the law came into force.
At the same time, the law establishes a list of cases in which the absence of updated military registration documents will not prevent Ukrainians from applying to consulates. These include:
– issuing an identity card for returning to Ukraine;
– taking consular actions against children of citizens of Ukraine, whose second parent is a foreigner or stateless person;
– taking actions based on the statements of citizens of Ukraine who are under arrest, detained or deprived of liberty abroad.
At the moment, it is not clearly defined how personal data can be updated with the help of consular institutions and whether they will help Ukrainians in this process. It is expected that the appropriate position of the Ministry of Foreign Affairs of Ukraine on this issue will be formed soon. In addition, the law does not define the mechanism of control and issuance of military tickets through consulates.
Therefore, the new law on mobilization will not yet significantly affect Ukrainians who are abroad, because its norms need some improvement.
