In connection with the ongoing martial law in Ukraine, the issue of mobilizing specialists of certain professions, in particular lawyers and attorneys, remains relevant.
Read the article to find out whether a lawyer can be mobilized.
Are lawyers subject to mobilization according to the law?
According to current legislation, lawyers are citizens of Ukraine and, like any other male persons of draft age, they do not have automatic reservation or general exemption from mobilization solely on the basis of their profession.
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Lawyer and partner of the Donetsk and Partners law firm, Vasily Garashchak, noted in a commentary to ICTV Fakty that lawyers are subject to mobilization on a general basis.
— Persons with the status of a lawyer do not have any privileges during the mobilization process, such as reservations or deferments. Only deferments or reservations on a general basis, — noted Vasily Garashchak.
Law on mobilization preparation and mobilization and Resolution of the Cabinet of Ministers No. 76 determines that reservation and deferment primarily concern employees who are critically important for the functioning of the state, government bodies or the defense sector. Private advocacy as such is not included in this list if the lawyer does not perform functions in the public sector.
Thus, the mobilization of lawyers is possible, and such a person can be summoned to the TCC to clarify registration data, undergo a military medical commission and, in the absence of grounds for release or deferment, called up for service.
Deferment of conscription for lawyers: what are the options
Currently, the law does not provide a general exemption from mobilization for lawyers based on their profession. At the same time, there are certain individual grounds for deferment that may also be relevant for lawyers, in particular:
- Having three or more minor children
- Disability or care for persons with disabilities
- Permanent care for people who need outside assistance (based on a social security conclusion)
- Unfitness for health reasons (determined by the Military Medical Commission)
- Full-time study at a university or postgraduate school
In addition, a deferment may be granted to lawyers officially involved in ensuring defense or the activities of government bodies if their enterprise/institution has the right to reserve employees.
For example, lawyers who work in government agencies that have mobilization tasks may be reserved.
Prospects for obtaining a deferment from mobilization for lawyers in 2025
Registered in the Verkhovna Rada draft Law of Ukraine No. 12348 of December 19, 2024, which provides for amendments to Article 23 of the Law on Mobilization Preparation and Mobilization in order to grant lawyers the right to a deferment from conscription for mobilization.
According to the document, it is proposed to include lawyers in the list of persons who may receive a deferment from military service.
These include individuals who meet the following criteria:
- continuous legal experience of at least 10 years;
- absence of outstanding payments for the functioning of the bodies of the bar association;
- no record of disciplinary action;
- the right to practice law must not be terminated or stopped (this is confirmed by a certificate from the Council of Advocates of the relevant region based on data from the Unified Register of Advocates of Ukraine).
The explanatory note also notes that current legislation already provides for reservation of military personnel working in law enforcement agencies, the prosecutor's office, courts, NABU, the State Bureau of Investigation, the Judicial Security Service, justice institutions, etc.
At the same time, lawyers, who are also part of the justice system according to the Constitution, have not yet received such guarantees. This creates an imbalance and may harm the proper functioning of the country's legal system under martial law.
