RESERVATION OF MILITARY CONSERVANTS 2023

In the conditions of war, the legal framework related to military service is rapidly changing. If only a few weeks ago, one set of rules for the reservation of conscripts was in effect, today another is already in effect. In order not to miss legislative changes, you need to keep your finger on the pulse of changes. Or periodically turn to lawyers for advice and help.

Normative base

From now on, the CMU Resolution № 76 of January 27, 2023 should be used as a basis for booking conscripts. It is in it that the main changes regarding the effect of reservations on conscripts working in local self-government bodies are outlined.

To whom it applies?

First of all, the effect of the specified Resolution primarily concerns those persons who are conscripted and work in local self-government bodies.

The procedure for booking employees who work in the local government

The head of the local government must decide which employees are needed to perform their duties. After that, make a corresponding list of such employees.

Next, the specified list must be submitted to the executive authorities. After receiving such lists, the authorized body of the executive power transfers them to the General Staff of the Armed Forces of Ukraine.

After the approval of such lists, the conscripted employee of the UMS will have a deferment from mobilization.

Secondly, the criteria are defined according to which enterprises, institutions and organizations are recognized as critical for the economy during the period of martial law. Such enterprises include:

• enterprises that have paid taxes to local budgets in the amount of more than 1.5 million euros;
• enterprises that are not in arrears for the payment of the EUS;
• enterprises in which the amount of foreign currency receipts is more than 32 million euros;
• employees of the enterprise receive wages in the amount not less than the average for the respective region;
• the enterprise is a resident of Diya City;
• the enterprise has important or strategic importance for the economy of Ukraine. The criteria are determined on the basis of Resolution № 83 of the CMU dated March 4, 2015, by the central executive body or regional military administrations.

How to get a decision that the enterprise falls under the specified criteria?

In order to receive a decision that an employee of an enterprise is subject to reservation, such an enterprise must meet at least three of the mentioned criteria.

The procedure for obtaining a byroning is the same as it was before, but taking into account the specified changes.

So, as can be seen from the above, it is not easy to get a reservation of employees for the enterprise, but it is possible. If you have additional questions or need more detailed explanations, a lawyer in the field of military law will always help you get them.