First of all, military personnel who do not have the right to a deferment will be subject to mobilization from October 1.
< p>At the same time, the most striking illustration of the changes from October 1 to the new mobilization rules was the directive of the Ground Forces Command 116/2/1/21409 of September 19, 2024.
Facts of ICTV spoke with Vladimir Romanchuk, a member of the Ukrainian Bar Association and junior lawyer at LCF Law Group, about the changes in mobilization from October 1.
Now watching
Mobilization from October 1: what will change
- Mobilization of limited fitness up to 25 years: what is known
- Mobilization of limited fitness up to 25 years: lawyer's commentary
- Deferment for men whose half-blood relatives died or failed in the war
- Generation of summonses in the Oberig registry
Mobilization of limited fitness up to 25 years: what is known
In accordance with with the law on mobilization, which came into force on May 18, mobilization up to 25 years is possible only with voluntary consent.
However, on May 4, with the entry into force of the Law of Ukraine On Amendments to Certain Laws of Ukraine on Ensuring the Rights of Military Personnel and Police Officers to Social Protection No. 3621-IX, the status of “limitedly fit in wartime” was eliminated.
Because of this, it became necessary to regulate the issue of granting a deferment from conscription for military service upon mobilization to military personnel who, at the time of entry into force of Law No. 3621-IX, were on the military register of military personnel liable for military service as those who, due to health reasons, were recognized as unfit for military service in peacetime, or partially fit in wartime until they reached the age of 25.
In addition, it was necessary to regulate the issue of exemption from military service of the same category of military personnel who are serving by conscription during mobilization for a special period.
On August 6, the Verkhovna Rada of Ukraine registered bill No. 11379-d on the ban on the mobilization of men up to 25 years.
Already on September 3, the deputies reviewed the document in the first reading and accepted it as a basis.
Meanwhile, on September 17, the head of the Verkhovna Rada of Ukraine, Ruslan Stefanchuk, announced the appearance of an order from the Ministry of Defense banning the mobilization of men aged 18 to 25 who were found unfit for service in peacetime and of limited fitness in wartime.
On September 23, People's Deputy of Ukraine Oleksiy Goncharenko reported that regional and district territorial recruitment centers had already received the mobilization directive of the Ground Forces command 116/2/1/21409 of September 19, 2024 banning the mobilization of men under 25 years of age.
The conscription of men, Oleksiy Goncharenko emphasized, according to the document, is now possible only with written consent.
This directive does not demobilize those already mobilized provides.
On September 25, the Ground Forces Command reported that they had clarified certain issues regarding the call-up for mobilization of military-liable citizens of certain categories.
The Ground Forces indicated that such decisions were made, in particular, to reduce public tension, were formalized in the established manner, and communicated to certain military units for official use.
At the same time, they noted that military command bodies are limited in commenting on issues aimed at fulfilling assigned tasks and information of an official nature.
– These measures are not being taken without reason, since free access to issues of staffing units expands the enemy’s ability to assess our resources and plans.
We understand the desire of certain public figures to disseminate information of this kind in order to strengthen their own influence. But this is not in favor of a joint cause in the fight against the aggressor, – noted the command of the Ground Forces.
The department added that every citizen aged 18 to 60 can voluntarily join the army to bring our victory closer.
Mobilization of limited fitness up to 25 years: a lawyer's commentary
Member of the Ukrainian Bar Association, junior lawyer at LCF Law Group Volodymyr Romanchuk in a commentary to Fakty ICTV notes: comments from a number of government entities indicate that the provisions of the directive oblige the TCC and SP not to issue mobilization orders to persons aged 18 to 25 years, if the latter were recognized as having limited fitness before the introduction of martial law and were therefore transferred from conscripts to those liable for military service.
– Such a situation was possible because those who were partially fit for military service due to health reasons could not be called up for military service in peacetime.
In order to avoid having to confirm their fitness level at the VLK every year, the latter were included in the list of those liable for military service, – explains Vladimir Romanchuk.
In peacetime, the member of the Ukrainian Bar Association continues, this actually meant the absence of any communication with the TCC and SP.
However, under martial law, the situation became diametrically opposite.
Now, says Vladimir Romanchuk, fully fit conscripts under the age of 25 are not called up for military service, since conscription is impossible under martial law. positions.
However, persons aged 18 to 25 who are recognized as partially fit under martial law are already liable for military service, have a military registration specialty and are subject to mobilization.
– That is, a healthy (since he is recognized as fit in peacetime, and not partially fit) 24-year-old man with 100% vision cannot be mobilized, and an 18-year-old young man with myopia is fully subject to mobilization, – notes a member of the Association of Lawyers of Ukraine.
The solution to this problem, the lawyer notes, was to find a compromise between justice and providing the Armed Forces of Ukraine with personnel.
Given the reports of record numbers of people joining the Armed Forces of Ukraine through various procedures, the periodic opening and effective work of recruiting centers, the creation of new military units, etc., one can conclude, says Vladimir Romanchuk, that authorized persons of the Ministry of Defense and representatives of the command of the Ground Forces of the Armed Forces of Ukraine concluded that the problem should be resolved in favor of justice, so they informed their subordinates in the TCC and SP about the possibility of mobilizing people under 25 years of age only with their consent, regardless of the fitness or limited fitness established before martial law.
However, the lawyer concludes, the exact mechanism for mobilizing such people is unknown, since the directive is not publicly available.
Deferment for men whose half-blood relatives died or went missing war
On September 6, Ukrainian President Volodymyr Zelensky signed bill #11391 on deferment for men whose half-relatives died or went missing in the war.
Previously, only persons whose full siblings died or went missing in the war had the right to a deferment.
After the law was signed by the president, the circle of military personnel entitled to a deferment from conscription for military service during mobilization was expanded to include persons whose half siblings (i.e. those who had either the same mother or father) died or went missing in the war.
According to Vladimir Romanchuk, the document signed by the head of state should be regarded as a mechanism for improving the existing provisions of the Law of Ukraine On Mobilization Preparation and Mobilization, and not as a harbinger of a series of new fundamental changes.
Generation of summonses in the Oberig registry
In The Ministry of Defense of Ukraine has developed a functionality for automating the process of serving subpoenas.
The innovation provides for the generation of subpoenas in the Oberig registry, noted the head of the information technology department of the Ministry of Defense of Ukraine Oleg Berestovy.
According to him, after generation in the Oberig registry, the subpoena will be certified by the electronic signature of the head of the TCC.
Then the subpoena will be sent to a centralized seal, then to Ukrposhta, and from there it will be distributed.
Meanwhile, the Ministry of Defense will have full information about the route and time of delivery of the subpoena.
The legality of the subpoena can be checked in Reserve+ using a scanner QR code.
At the same time, Oleg Berestovoy notes, there will be no summonses to the Reserve+.
The full-scale war in Ukraine has been going on for 945 days already.
The situation in the cities can be monitored on the interactive map of military operations in Ukraine and on the map of air raids in Ukraine.
