Martial law and general mobilization have been extended in Ukraine until May 20, 2023. It should be noted that in January the Cabinet of Ministers updated the procedure for booking workers.
Details on the updated booking rules, in particular, what procedure, who and how many employees can book, are described below.
What you need to know about the updated booking procedure from Mobilization
The procedure for booking persons liable for military service during martial law, as well as the procedure and criteria for determining enterprises that are critical for the functioning of the economy and ensuring the livelihoods of the population during a special period, were approved by the Resolution of the Cabinet of Ministers of January 27, 2023 No. 76.
Note that in December 2022, amendments to the Law of Ukraine “On mobilization training and mobilization” on the reservation of persons liable for military service for the period of mobilization and wartime came into force.
List of enterprises and organizations that can book workers
So, according to the updated version of the Law of Ukraine, working persons liable for military service are subject to booking:
- in state authorities, other state bodies, local self-government bodies, if it is necessary to ensure the functioning of these bodies;
- at enterprises, institutions and organizations that have established mobilization tasks (orders), if this is necessary to fulfill the established mobilization tasks (orders);
- at enterprises, institutions and organizations engaged in the production of goods, the performance of work and services necessary to meet the needs of the Armed Forces of Ukraine and other military formations;
- at enterprises, institutions and organizations that are critical for the functioning of the economy and the livelihoods of the population in a special period.
The very fact of working at such enterprises does not mean guaranteed booking, – noted in the Lviv TCC and the joint venture.
The criteria by which enterprises are classified as critical are determined by the Cabinet of Ministers.
Booked workers are granted a reprieve
Reservation of persons liable for military service is carried out in accordance with the decision of the Ministry of Economy according to the lists agreed by the General Staff of the Armed Forces of Ukraine. Reserved conscripts are granted a deferment from conscription for military service during mobilization. The validity period of the deferral is noted in the decision of the Ministry of Economy and cannot exceed:
- the term of the mobilization – for those liable for military service, working in state authorities, other state bodies, local governments;
- six months – for all other categories of persons liable for military service that are offered for booking.
Who is bookable
Subject to booking regardless of military rank, age and military specialty:
- persons liable for military service holding civil service positions of categories “A” and “B”, heads of ministries and their deputies, heads of state bodies, state administration bodies whose jurisdiction extends to the entire territory of Ukraine, and their deputies, heads of independent structural units of such bodies and their deputies , as well as employees of patronage services;
- persons liable for military service holding positions of the first – fourth categories of positions in local governments;
- heads of enterprises, institutions and organizations liable for military service who are assigned mobilization tasks (orders) and their deputies;
- heads of enterprises, institutions and organizations liable for military service engaged in the production of goods, performance of work and services necessary to meet the needs of the Armed Forces of Ukraine, other military formations, and their deputies;
- employees of enterprises, institutions and organizations of the fuel and energy complex, the list of which is approved by the Ministry of Energy (without restrictions on the number);
- heads of enterprises, institutions and organizations liable for military service, which are critical for the functioning of the economy and ensuring the livelihood of the population in a special period, and their deputies;
- employees of UN specialized agencies, foreign diplomatic agencies in Ukraine, representative offices of donor agencies, executors of international technical assistance projects, representative offices of international organizations, international and Ukrainian non-governmental organizations implementing humanitarian projects at the expense of international partners, critical for the functioning of the economy and ensuring the livelihoods of the population (without quantity restrictions)
- 50% of the number of those liable for military service as of the date of submission of the list from those holding positions of the fifth – seventh categories of positions in local governments; works in state authorities, other state bodies, state administration bodies, the jurisdiction of which extends to the entire territory of Ukraine; at enterprises, institutions and organizations
Note! If there is a justified need, the number of persons liable for military service to be booked may exceed 50% of the number of persons liable for military service.
What is the booking procedure: 7 steps
Step 1. The relevant authorities, local self-government and enterprises, institutions and organizations independently form lists of persons liable for military service subject to reservation, and submit them to the authorized bodies in the form in accordance with Appendix 1 in paper and / or electronic form, along with the appropriate justification and a certificate of the number of military obligations according to form in accordance with Appendix 2 of Decree No. 76.
Which authorized body to apply to depends on who is booking, see the Order itself for more details.
Step 2. The authorized bodies check the completeness of filling in the list, the existence of the justification provided for it, compliance with the requirements for the number of persons liable for military service to be booked and submit it for approval by the General Staff of the Armed Forces of Ukraine (SBU, Foreign Intelligence Service).
Step 3. Agreed lists The General Staff (SBU, Foreign Intelligence Service) submits to the Ministry of Economy, which makes a decision on the reservation of persons liable for military service and sends it to state authorities, other state bodies that submit the lists, as well as the General Staff of the Armed Forces of Ukraine (SBU, Foreign Intelligence Service).
Step 4. The General Staff, within 3 days, brings this decision to the attention of the relevant territorial recruitment and social support centers.
Step 5. A public authority, another state body, a local government, an enterprise, an institution and an organization shall issue an extract from the decision of the Ministry of Economy on booking persons liable for military service in accordance with Appendix 3 of the Procedure to the person liable for military service. An extract certified by the signature of the head and the seal (if any) is a document confirming the granting of a deferment to the person liable for military service.
Step 6. State authorities, other state bodies, local governments, enterprises, institutions and organizations, within five days from the date of issuance of the extract to the person liable for military service, send to the TCC and the joint venture, where the person liable for military service is registered with the military, a booking notification in the form in accordance with Appendix 5 .
Step 7. TCC and JV, in which the person liable for military service is on military registration, on the basis of the decision on booking, counts such person liable for military service on special military registration.
Can a deferment be cancelled?
The granted delay is subject to cancellation in the event of:
- expiration of its validity;
- completion by an enterprise, institution, organization of the fulfillment of a mobilization task (order) or its cancellation;
- completion by an enterprise, institution, organization of the production of goods, performance of works and services to meet the needs of the Armed Forces of Ukraine and other military formations;
- deprivation of an enterprise, institution and organization of the status of being critical for the functioning of the economy and ensuring the livelihoods of the population during the period by the authorized body;
- liquidation of a body or enterprise, institution and organization;
- dismissal of a person liable for military service from an authority or an enterprise, institution or organization.
In all cases, except for the expiration of the validity period, the cancellation of the deferment is carried out by decision of the Ministry of Economy on the basis of a reasonable presentation of a state authority, another state body, local government, enterprise, institution and organization.
According to this decision, the employer withdraws an extract from the person liable for military service and sends it to the TCC and the Joint Venture, where the employee is registered with the military.
Important! Deferrals from conscription during mobilization granted by decisions of the Ministry of Economy prior to the entry into force of this decision are valid for the period for which they are granted. Cancellation of such delays is carried out in the cases and in the manner determined by the new resolution of the Cabinet of Ministers No. 76.
