On May 18, a new law on mobilization came into force in Ukraine. It aims to normalize military registration, reservation rules and deferments from mobilization.
All persons liable for military service, including those with limited service status, must update their data in the territorial recruitment and social support centers (TCC and SP).
In a commentary to ICTV Facts, a lawyer from the Law Firm Winner Svetlana Krutorogova spoke about the main changes in the law on mobilization from May 18.
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Mobilization: what will change from May 18
New penalties for evading mobilization
Whose right to a deferment from mobilization was revoked
What documents confirm the right to a deferment from mobilization
Reservation from mobilization
What to do if your booking date is coming to an end
Where and who can serve a summons
Responsibility for not indicating the actual place of residence in the e-office?
Mobilization up to 25 years old
Delay from mobilization for family reasons
Mobilization of teachers
What diseases are exempt from mobilization
Delay applications
What is economic booking
What documents to take to the TCC
Why are there queues at the TCC
Who does not need to go to the TCC after May 18
What to do with limited fitness after May 18
What documents should a person liable for military service carry with him
Appendix Reserve+
Basic military training
Mobilization: what will change from May 18
In general, the mobilization age will change. Previously, it was possible to mobilize at the age of 27, now at the age of 25. There is such a thing as the electronic account of those liable for military service, Reserve+. In addition, the law on mobilization provides for convicted persons to join the ranks of the Armed Forces of Ukraine, but for minor crimes.
The new law on mobilization removes the concept of limited fitness.
— The issue of reservations is changing, regarding teachers who now have a deferment. Fines for evading mobilization are increasing, although this is a different law. This law amends the Code of Administrative Offenses and increases the amount of liability. Let me remind you that at first the Verkhovna Rada proposed criminal liability for violation of mobilization legislation, — emphasized Svetlana Krutorogova.
New penalties for evading mobilization
Now in Ukraine the norms of the Code of Administrative Offenses are in force, in particular, Articles 210 and 210-1. The previous fine provided for by this article ranged from 510 UAH to 850 UAH; if such an offense was committed repeatedly, then the fine ranged from 50 to 100 non-taxable minimum incomes of citizens — When calculating the fine, a non-taxable minimum of 17 UAH is used. Accordingly, the amount of the fine was from 850 to 1,700 UAH.
The second article, providing for liability for violation of the legislation on defense, mobilization training and mobilization — directly affects evasion.
Previous fines provided for by the Code of Administrative Offences, from 100 to 200 non-taxable minimums (also multiplied by 17 UAH). If the offense is repeated, the fine increases.
— But in the new law, fines increase significantly, and for example, for violation of military registration (in peacetime & #8212; Ed.) the fine will range from 3,400 UAH to 5,100 UAH if the offense is detected for the first time. If the same offense is repeated within a year, then the fine increases from 300 to 500 non-taxable minimums. That is, it is from 5,100 UAH to 8,500 UAH, — told the lawyer.
As for directly evading mobilization, the fine is from 300 to 500 non-taxable minimums (from 5,100 UAH to 8,500 UAH). If the same offense is committed during the year, a fine of 500 to 700 non-taxable minimums (from 8,500 to 11,900) is imposed. This is the amount of fines in peacetime.
During a special period, that is, in wartime, the amount of fines is much larger — for citizens from 17,00 to 25,500 UAH, and for officials and legal entities — from 34,000 to 59,500 UAH.
On May 17, President of Ukraine Vladimir Zelensky signed bill No. 10379 on amendments to the Criminal Code and the Code of Administrative Offenses regarding an increase in the amount of fines.
Will the personal accounts of a person liable for military service be blocked if he fails to pay fines for evading mobilization, read the news.
Whose right to a deferment from mobilization was revoked
Students enrolled in full-time or dual education receive a deferment from mobilization. This also applies to graduate students who receive the next level of education — higher than the previous one.
At the same time, parents with many children who have arrears in child support lose the right to a deferment from mobilization. Representatives of organizations of the Ministry of Defense of Ukraine were deprived of deferment.
What documents confirm the right to a deferment from mobilization
The main categories of persons entitled to a deferment from mobilization are:
- parents with many children, having three or more dependent children under the age of 18,
- parents whose child has a disability of group I or II,
- adoptive parents, guardians, etc., who support orphans or children deprived of parental care under the age of 18,
- persons who have dependent relatives with disability group I or II, provided that there are no other relatives who could care for such a person.
Concerning the necessary documents for registration of the right to a deferment from mobilization, this is determined in each individual case.
There is no such legal act that would clearly regulate or define the list of documents that must be submitted to the TCC to obtain a deferment from mobilization, notes Svetlana Krutorogova.
For example, a single father who is caring for a minor child must obtain a court decision that the location of the child is determined with him. There must also be a decision to divorce the child’s mother. Another court decision establishing the fact that the child’s mother does not participate in the upbringing and care of the common child, or the mother was deprived of parental rights, or she was recognized by the court as absent or deceased.
— By the way, border guards request the same documents if a single father crosses the state border, — says lawyer Svetlana Krutorogova.
Persons with disabilities of groups I, II and III have the right to a deferment, but they must provide confirmation of their diagnosis — conclusion of the MSEC (medical and social expert commission).
Another example — maintenance of relatives with disabilities in the event that there are no other relatives who could take on the function of maintenance.
Here, the person liable for military service must provide to the TCC documents confirming the person’s disability, as well as a document confirming the fact that there are no other relatives who could care for such a person. This could be an inspection report from the housing office or a report from the social service.
Lawyer Svetlana Krutorogova notes that if a person really has the right to receive a deferment, then he must independently protect his rights, prepare the necessary documents and submit them to the TCC.
— I would even advise sending documents by Ukrposhta. Because it is Ukrposhta that has the option of sending documents with a description of the attachment. That is, in this description you will need to list the documents that are provided. It is worth noting that you do not need to send original documents, but they must be notarized copies, — notes Svetlana Krutorogova.
As for the application for a deferment from mobilization, it is drawn up in any form.
If a person liable for military service brings documents for a deferment to the TCC, then the office must put the appropriate mark on the package of documents.
Reservation from mobilization
Previously, booking was carried out by decision of the Ministry of Economy of Ukraine.
Who is eligible for reservation: employees of state authorities and local government; people's deputies and their assistants, judges, etc.; workers in the economic and defense sectors who are of strategic importance — for example, the agricultural sector, the manufacture and repair of military equipment, ammunition; manufacturers of goods for the Armed Forces; sphere of media and culture.
But according to the new legislation, coordination of reservations will now be within the competence of the Ministry of Defense, the lawyer notes. Previously, the function of coordinating lists of reserved persons belonged to the General Staff of the Armed Forces of Ukraine.
In the new law on mobilization on May 18, civil servants of categories B and C will now be reserved for 50% of their number. Civil servants category A — senior civil service corps — these changes will not affect.
It is worth noting that civil servants who have the right to make a reservation must still clarify their details in the TCC, in the electronic account or in the Central Administrative Office.
What to do if your reservation date is coming to an end
— Here we need to raise the issue of agreeing on a new booking. If this concerns, for example, a critical sector of the economy, then the managers of such enterprises themselves should control the timing of the booking of their workers, since this is in their interests, — says Svetlana Krutorogova.
The lawyer notes that you should not completely rely on the competence of TCC employees in updating the lists of those booked, but monitor it yourself, make legal requests, or even appeal in court if necessary.
If a person is booked, but still receives a summons by mail, then, according to lawyer Svetlana Krutorogova, such a person must apply and provide an extract from the order, which is prepared directly by the head of the critical sector enterprise.< /p>
These documents can be sent by a valuable letter with a list of attachments to the TCC.
— I would even advise sending such documents by courier. Ukrposhta has such a function. Then the courier brings the package of documents directly to the TCC, where it is accepted and registered. And the person who sent this package will have proof through online tracking that TCC took his documents, — notes Svetlana Krutorogova.
When the enterprise itself received a reservation for its employees — corresponding decision of the Ministry of Economy, then the managers of the enterprise inform the TCC of the fact that they have reserved employees. And the enterprise must send a certain list to the territorial acquisition center.
Where and who can serve a summons
The current legislation does not clearly define the list of places where a subpoena can be served.
It happened that a person liable for military service was already standing in line at the TCC, and was immediately handed a summons. Then the person must emphasize to the representatives of the territorial recruitment center that: I’m already standing in line, I’ve arrived, I’m not shying away.
Lawyer Svetlana Krutorogova notes that there is practice of the Supreme Court of Ukraine, where it is noted that a summons is considered received when it is certified by a personal signature.
If a situation occurs when summonses are simply thrown into the mailbox, and the person liable for military service did not see them and, as a result, an administrative fine is imposed, then such a decision on collection can be appealed. By the way, the presence of fines can be checked in the Unified Register of Debtors or in the Register of Enforcement Proceedings.
Responsibility for failure to indicate the actual place of residence in the e-office
Responsibility for failure to indicate certain information in the electronic account of a person liable for military service Reserve+ is not carefully spelled out in the law.
In any case, this can be done by directly coming to the TCC.
Mobilization up to 25 years
A person under the age of 25 can be mobilized only by voluntary consent.
Delay from mobilization for family reasons
Such a deferment may be granted if, for example, the wife of a person liable for military service has a disability of group I or II.
A deferment from mobilization for family reasons can also be obtained if a person liable for military service must care for his parents or his wife’s parents who have a disability of group I or II. However, provided that there are no other relatives who can provide such care.
Mobilization of teachers
According to lawyer Svetlana Krutorogova, according to the new law on mobilization, scientific workers, teachers of institutions of higher professional education and colleges, scientific institutions with an academic title are not subject to conscription. Also, school teachers and teachers who work in educational institutions for at least 0.75 pay are not subject to conscription.
What diseases are exempt from mobilization
Before changes were made to the law on mobilization, there were three categories of persons: fit, partially fit and unfit. As of May 18, there are only two categories left — good and bad.
Regarding the category is of limited use, there are several nuances here. There is a certain list of diseases by which a person can be determined unfit for military service, in particular these are: blood-related diseases, certain oncological diseases, heart diseases, skin diseases and eyes and the like.
— If a person liable for military service is currently experiencing an exacerbation of some illness, then he is given time for treatment. Then he must undergo a second military examination, after which it will be determined whether the person liable for military service is fit or not fit for service, — noted Svetlana Krutorogova.
According to her, the full list of diseases that are exempt from mobilization can be found in the regulations on the military military service, which was approved by order of the Ministry of Defense of Ukraine No. 402.
Application for deferment in TCC
Such an application to the TCC is submitted in any form. Documents confirming the grounds for granting a deferment from mobilization are attached to the application. Original documents must be available, copies must be notarized.
In “hat” Applications must indicate your full name, place of residence, and means of feedback.
In the text of the application, note that: in accordance with Article 23 of the law, I draw your attention to the fact that I have the right to a deferment from mobilization and, in confirmation of this, I provide notarized copies of the following evidence.
What is economic reservation
Lawyer Svetlana Krutorogova notes that economic booking is still being considered at the legislative level. But in general, economic reservation from mobilization stipulates that an enterprise must pay a high military tax for an employee in a certain industry, which will provide such a reservation to the person liable for military service.
What documents to take to the TCC
The main thing is — passport, military ID, taxpayer identification code.
If a person has grounds for deferring mobilization, then he must bring documents that confirm this.
If a person is booked, then it is necessary to take a copy of the order of the Ministry of Economy, an extract from the order signed by the head of the enterprise.
If a person has the right to a deferment for family reasons, then this is a decision of the courts, documents confirming the presence of disability of a family member, etc. (individually in each case).
It is important that TCC provides notarized copies, and not original documents.
Why are there queues at the TCC if they promise an e-cabinet
According to lawyer Svetlana Krutorogova, a physical visit to the territorial acquisition center is more practical.
Electronic offices will work over time, but certain technical problems may arise. Therefore, to avoid this, it is better to come to the TCC yourself.
Who does not need to go to the TCC after May 18
There is no need to go if the person is not fit for military service, has been excluded from military registration and the TCC has updated data about this.
What to do with limited fitness after May 18
Such persons liable for military service can come to the TCC themselves, but within 9 months they must undergo a second military medical commission and confirm their state of health. And, perhaps, such a person will no longer be recognized as unfit for military service, said Svetlana Krutorogova.
The lawyer notes that based on the results of passing the military military qualifications, a person liable for military service may be declared unfit for combat, but suitable for work in the rear, for example, in the same TCC.
What documents should a person liable for military service carry with him
According to Svetlana Krutorogova, it is better to always have a passport of a citizen of Ukraine, or an international passport, or a driver’s license with you. If TCC representatives stop a person liable for military service somewhere on the street, he will be able to present a document.
According to the law, all Ukrainian citizens liable for military service between the ages of 18 and 60 must have military registration documents with them and provide them upon request of a TCC representative or a police officer. Representatives of the State Border Service in the border zone have the right to check military registration documents.
Appendix Reserve+
Deputy Minister of Defense for Digital Development, Digital Transformations and Digitalization Ekaterina Chernorenko said that the Reserve+ mobile application for military personnel, conscripts and reservists, in which you can update your credentials, will start working from 00:01 on May 18 .
The application can be downloaded to smartphones via the App Store and Google Play Market.
The Reserve+ application has a QR code, by scanning which TCC representatives will be able to view information about the status of a person liable for military service.
Basic military training
General military training will take place in higher military educational institutions, military training units, training units of the Armed Forces of Ukraine and the like.
All Ukrainian citizens, males, females — will undergo basic training. voluntarily. Those who are unfit for health reasons, those who served in other states or have already served are exempt from passage.
Ukrainian Ministry of Defense spokesman Dmitry Lazutkin said that basic military training will become mandatory for officials.
