Business Supports the Need to Eliminate a Legal Аmbiguity Regarding the Mobilization of Military Сonscripts Under the Age of 25

25/ 07/ 2024

On June 24th of this year, a draft law, On Amendments to the Law of Ukraine On Mobilization Training and Mobilization Regarding the Expansion of the Circle of Military Сonscripts Up to the Age of 25 for Granting Deferment from Military Service During Mobilization No. 11379, was registered in the Verkhovna Rada of Ukraine. The document proposes to eliminate an existing legal inconsistency. Specifically, it suggests making amendments to provide that military obligors who were declared unfit for military service in peacetime, limitedly fit in wartime before the entry into force of the Law of Ukraine No. 3633-IX of April 11, 2024, are not subject to conscription during mobilization until they reach the age of 25, in case they are declared fit for military service. The draft law proposes that the conscription of such individuals during mobilization can only be carried out with their consent. What is the legal discrepancy? Due to being declared unfit for military service in peacetime and limitedly fit in wartime, men under the age of 25 were classified as military obligors and, if they did not undergo basic general military training or basic military service and were declared fit as a result of a repeated medical examination, could/can be conscripted for military service during mobilization. According to the legislation, basic general military training for citizens will begin only from September 1, 2025, and the beginning of conscription for basic military service (which replaces conscription for military service) during martial law is not defined by law. Therefore, this category of citizens (individuals under 25 years of age) cannot take advantage of the right to deferment until the relevant circumstances arise (until they undergo the corresponding training or service). Earlier, according to the procedure provided for in Article 14 of Law No. 2232-XI, during the registration of Ukrainian male citizens with a draft board, a medical examination was conducted. Depending on the results of the medical examination, one of the following decisions was made, in particular: registration with a draft board - in case of being declared fit; removal from the military registration of conscripts and placement on the military registration of military conscripts - in case of being declared unfit for military service in peacetime, limitedly fit in wartime; exclusion from the military registration of citizens - in case of being declared unfit for military service with exclusion from the military registration. At the same time, the Law of Ukraine No. 3621-IX, which was adopted on March 21, 2024, introduced changes and canceled the status of limitedly fit. In addition, it was determined that all citizens who were declared limitedly fit for military service are subject to a repeated medical examination within 9 months from the date of entry into force of the Law in order to determine their fitness for military service. Moreover, the current legislation does not provide for a procedure for returning the status of a conscript and transferring to the military registration of conscripts of persons under the age of 25 who are declared fit as a result of a repeated medical examination. Therefore, there is currently a situation where individuals under the age of 25 who are declared fit are not subject to mobilization because they have the status of a conscript, while individuals of the same age who were declared limitedly fit and acquired the status of military obligors can be mobilized if they are declared fit. Since business supports the importance of ensuring a fairer approach to the conscription of citizens for military service during mobilization, the European Business Association supports draft law No. 11379 and appeals to the Head of the Verkhovna Rada Committee on National Security, Defense, and Intelligence, Mr. Oleksandr Zavytnevych, the Minister of Defense of Ukraine, Rustem Umerov, and the First Deputy Prime Minister of Ukraine - Minister of Economy of Ukraine, Yulіia Svyrydenko, with a request to facilitate the adoption of this document in the near future!

On June 24th of this year, a draft law, “On Amendments to the Law of Ukraine “On Mobilization Training and Mobilization” Regarding the Expansion of the Circle of Military Сonscripts Up to the Age of 25 for Granting Deferment from Military Service During Mobilization” No. 11379, was registered in the Verkhovna Rada of Ukraine.

The document proposes to eliminate an existing legal inconsistency. Specifically, it suggests making amendments to provide that military obligors who were declared unfit for military service in peacetime, limitedly fit in wartime before the entry into force of the Law of Ukraine No. 3633-IX of April 11, 2024, are not subject to conscription during mobilization until they reach the age of 25, in case they are declared fit for military service. The draft law proposes that the conscription of such individuals during mobilization can only be carried out with their consent.

What is the legal discrepancy? Due to being declared unfit for military service in peacetime and limitedly fit in wartime, men under the age of 25 were classified as military obligors and, if they did not undergo basic general military training or basic military service and were declared fit as a result of a repeated medical examination, could/can be conscripted for military service during mobilization.

According to the legislation, basic general military training for citizens will begin only from September 1, 2025, and the beginning of conscription for basic military service (which replaces conscription for military service) during martial law is not defined by law.

Therefore, this category of citizens (individuals under 25 years of age) cannot take advantage of the right to deferment until the relevant circumstances arise (until they undergo the corresponding training or service).

Earlier, according to the procedure provided for in Article 14 of Law No. 2232-XI, during the registration of Ukrainian male citizens with a draft board, a medical examination was conducted. Depending on the results of the medical examination, one of the following decisions was made, in particular:

registration with a draft board – in case of being declared fit;
removal from the military registration of conscripts and placement on the military registration of military conscripts – in case of being declared unfit for military service in peacetime, limitedly fit in wartime;
exclusion from the military registration of citizens – in case of being declared unfit for military service with exclusion from the military registration.

At the same time, the Law of Ukraine No. 3621-IX, which was adopted on March 21, 2024, introduced changes and canceled the status of “limitedly fit.” In addition, it was determined that all citizens who were declared limitedly fit for military service are subject to a repeated medical examination within 9 months from the date of entry into force of the Law in order to determine their fitness for military service.

Moreover, the current legislation does not provide for a procedure for returning the status of a conscript and transferring to the military registration of conscripts of persons under the age of 25 who are declared fit as a result of a repeated medical examination.

Therefore, there is currently a situation where individuals under the age of 25 who are declared fit are not subject to mobilization because they have the status of a conscript, while individuals of the same age who were declared limitedly fit and acquired the status of military obligors can be mobilized if they are declared fit.

Since business supports the importance of ensuring a fairer approach to the conscription of citizens for military service during mobilization, the European Business Association supports draft law No. 11379 and appeals to the Head of the Verkhovna Rada Committee on National Security, Defense, and Intelligence, Mr. Oleksandr Zavytnevych, the Minister of Defense of Ukraine, Rustem Umerov, and the First Deputy Prime Minister of Ukraine – Minister of Economy of Ukraine, Yulіia Svyrydenko, with a request to facilitate the adoption of this document in the near future!