The draft age in Ukraine is 25 years. This means that men who have reached this age, become liable for military service and can be mobilized if mobilization is declared. lawyers of Free Legal Aid.
Can men under 25 be mobilized in Ukraine?
During martial law, conscription for military service is not carried out. That is, conscripts (men aged 18 to 25) cannot be called up for military service.
Only those liable for military service are subject to mobilization. These are persons who:
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- At 25 years of age;
- Graduated from the military training department and received an officer's rank.
Currently, men who have reached the age of 25 can be mobilized. But this does not mean that a man under 25 cannot be taken to war. There are certain exceptions.
— It all depends on the man's status. If he has not reached the age of 25 and has never served in the army, and currently only has the status of a conscript, then he can only be mobilized with his own consent, — noted by lawyers.
That is, such men cannot be forcibly mobilized.
Who can be mobilized before age 25
If a man has the status of a conscript, but has not reached the age of 25, then he can indeed be mobilized.
The difference between conscripts and those liable for military service is significant. A conscript is a person who is currently registered at a certain conscription office, he can be sent to military service if he has not completed it.
A person liable for military service is a person who is registered for military service. Conscripts do not have a military ID, but only a document confirming registration at a conscription office. A man liable for military service has a military ID or a temporary certificate of a person liable for military service.
If a man served in the army, but is under 25 years old, he can be called up, because his status has changed from a conscript to a person liable for military service.
Clause 2 of Part One of Article 37 of the Law of Ukraine on Military Registration also specifies exceptions under which men can be mobilized even before reaching 25 years of age. These are persons with experience of military or alternative service.
Who can be mobilized before 25 years of age:
- These are people who have been in the army, completed compulsory service.
- People who have completed alternative, that is, non-military service.
- Dismissed police officers, privates of the Ministry of Internal Affairs, and the State Customs Service can be mobilized.
Graduates of the military department of higher educational institutions can be mobilized. After all, they have military training and an officer rank.
A 22-year-old guy who had not served in the army was mobilized in Uzhgorod
A 22-year-old guy who had not served in the army before was mobilized into the army in Uzhgorod. His mother Nina Tronenko wrote about this on social networks. According to her, her son Valentin was seized at the train station, his personal belongings and phone were taken, he was taken to a military medical commission, forced to quickly sign some documents and sent to training.
The woman says that her son is unfit for military service in peacetime and has limited fitness for military service. He has an incurable disease that is currently in remission. The doctor after the VLK said that since the guy is in remission, he is fit for service.
The Zakarpattia OTSC and SP responded that on June 21, 2019, by decision of the draft board of the Pechersk RVC of Kyiv, this guy was transferred from the conscript register to the military register of those liable for military service. In accordance with paragraph 4 of Part 1 of Art. 39 of the Law on Military Duty and Military Service citizens called up for military service by mobilization, for a special period, who have not previously served in the ranks of the Armed Forces of Ukraine, undergo a course of basic combined arms training.
— That is, persons who have not yet reached the age of 25 and who are subject to military service, after clarification of military registration data and passing a medical examination are subject to conscription and can be called up for military service upon conscription upon mobilization, – noted in the TCC.
The guy Valentin belongs to the category of those subject to military service, therefore he is subject to conscription for military service upon mobilization.
Member of the Association of Lawyers of Ukraine, practicing lawyer in the field of military law and mobilization Anton Revenko notes that if a citizen under the age of 25 is mobilized, then the relatives of such a person must contact the top management of the TCC and SP in the area where this occurred, for legal clarification and appeal. It is also necessary to seek legal support and legal assistance to protect the rights of this person.
Anton Revenko notes that the assessment of the actions of the TCC employees regarding the possible violation of the rights of the 22-year-old guy should be provided by the relevant law enforcement agencies. To do this, it is necessary to file a corresponding statement about the possible commission of actions by them that may contain signs of a criminal offense.
— In addition, I believe that an internal official investigation should be conducted on this fact and the actions of the TCC employees should be thoroughly checked, the lawyer noted.
Anton Revenko once again notes that the mobilization age in Ukraine — from the age of 25, except for those persons who have completed compulsory military service and completed military training at a university and received a primary officer rank.
— In all other cases, if mobilization occurs before the age of 25, I believe that it is necessary to appeal these actions, the lawyer advises.
