Reduction of grounds for mobilization deferral in 2026: new restrictions and changes to reservation rules

Ukraine is preparing changes to the grounds for deferment from mobilization and the rules for reserving employees from mobilization. In particular, the legislative initiatives envisage stricter requirements for deferments on family grounds, reduced employee reservation quotas, and a revision of the procedure for enterprises to obtain critically important status.

The proposed restrictions would affect both citizens who have relatives with disabilities and businesses that rely on employee reservation to retain their staff.

Important! As of October 13, 2026, these proposals have not yet entered into force. Therefore, there are currently no grounds for automatically cancelling deferments or applying the new employee reservation quotas.

The law firm “Prikhodko & Partners” provides legal advice and assistance with obtaining deferments from mobilization, as well as support on other military law matters.

What changes to mobilization deferments are proposed in 2026?

The main objective of the initiative is to harmonize the legal grounds for deferment from mobilization and discharge from military service. Currently, these matters are governed by different laws:

• Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization” defines the categories of citizens entitled to a deferment.
• Article 26 of the Law of Ukraine “On Military Duty and Military Service” establishes the grounds for the discharge of service members from military service.

Differences between these provisions create situations in which certain family circumstances entitle a person to a deferment but are insufficient grounds for discharge from the Armed Forces of Ukraine. However, it should be noted that the proposed approach to resolving these discrepancies would narrow some of the grounds for obtaining a deferment.

Whose mobilization deferment could be cancelled or restricted?

All the changes listed above are currently proposals. Until the legislation is amended, the relevant categories of persons liable for military service retain their right to a deferment under the existing conditions.

Legal consequences of reducing the grounds for deferment

From a legal perspective, the most significant consequence of the proposed amendments would be stricter requirements for proving eligibility for a deferment.

First, two concepts must be distinguished: the fact that a family member has an officially recognized disability and the need to provide that person with permanent care.

These are different legal circumstances supported by different documents. If lawmakers introduce a mandatory care requirement, proof of disability alone may no longer be sufficient in certain cases.

Additional questions arise regarding proof that no other persons are available to provide care. The mere existence of relatives does not always mean that they are actually able to provide the necessary assistance. Therefore, legislative amendments should establish clear criteria for assessing these circumstances.

Particular attention should also be paid to whether the proposed restrictions comply with the constitutional principles of legal certainty, proportionality, and the protection of citizens' rights. In particular, Article 22 of the Constitution of Ukraine prohibits narrowing the content and scope of existing rights and freedoms when new laws are adopted.

Can an already granted deferment be cancelled in 2026?

At present, the mere fact that legislative amendments are being prepared does not constitute grounds for terminating an existing deferment from mobilization.

Legally, it is important to distinguish between terminating an existing deferment and refusing to grant or extend one under new conditions. In each case, a decision by the competent authority must be based on the legislation currently in force. An unlawful refusal or decision to cancel a deferment can be challenged through the procedure established by law.

New rules for critically important enterprises and employee reservation in 2026

Another area of proposed changes concerns the reservation of employees liable for military service and the procedure for obtaining critically important enterprise status. According to the available information, the Cabinet of Ministers is working on amendments to Resolution No. 76, which governs the employee reservation procedure. In particular, the proposed changes would address:

1. Reduction of employee reservation quotas

For certain categories of companies, the maximum proportion of employees liable for military service who may be reserved is expected to be reduced.

In particular, the following changes are being discussed:

• Defense industry and energy sector - reducing the maximum reservation rate from 100% to 85%.
• District heating, water supply, wastewater management, and household waste collection enterprises - reducing the respective limits from 75% to 60%.

2. Changes to the method of calculating the employee reservation quota

Another proposed change concerns how the standard 50% employee reservation limit is calculated. Under the proposal, employees who already have a deferment on other grounds would be excluded from the total workforce used for the calculation. This includes, in particular, students, persons caring for relatives, and parents of three or more children.

3. A new procedure for obtaining critically important enterprise status

The draft also envisages establishing a Coordination Center under the Cabinet of Ministers of Ukraine, with 17 representatives of government authorities proposed as its members.

Under the published model, the Center would be authorized to issue recommendations on:

• designating businesses as critically important;
• approving increased employee reservation limits above 50%;
• reviewing and potentially revoking critically important enterprise status.

In effect, this would introduce an additional approval stage that could affect the ability to obtain critically important enterprise status and exercise the right to reserve employees from mobilization.

At the same time, the information currently available about the draft does not provide exhaustive answers regarding document review deadlines, the criteria for issuing recommendations, or the mechanism for appealing them.

4. Review of criticality criteria by October 20, 2026

Relevant ministries and regional state administrations are also expected to be asked to review sectoral and regional criteria by October 20.

What should persons liable for military service and businesses do if the law changes?

Preparing for potential legislative changes primarily involves reviewing existing legal grounds and supporting documents.

Persons liable for military service are advised to check the legal basis for their current deferment, its validity period, and whether their documentation is complete. Particular attention should be paid to cases where eligibility depends on proving permanent care or other family circumstances.

Businesses should consider conducting a legal audit of their compliance with the criteria for critically important enterprise status, checking whether their designation remains valid, reviewing staffing arrangements, and assessing the potential effects of reduced employee reservation quotas.

Legal assistance with deferments, critically important enterprise status, and employee reservation

The lawyers at “Prikhodko & Partners” provide legal assistance in military law matters, including:

• obtaining and renewing deferments from mobilization;
• challenging decisions of Territorial Recruitment and Social Support Centers (TRSSCs);
• obtaining and confirming critically important enterprise status;
• legal support for reserving employees from mobilization;
• auditing an enterprise's compliance with the criteria for critically important status;
• challenging decisions of government authorities concerning critically important status and employee reservation.

If you have questions about retaining your deferment or employee reservation status, contact the law firm “Prikhodko & Partners” for a consultation. Our specialists will analyze your situation, identify lawful options for protecting your rights, and propose the legal assistance you need.

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