New law on mobilization: legal advice

"Amаt victoria curam – victory loves diligence".

Kolhanov Ivan

Head of military law practice

Specializes in administrative law, recalculation of pensions for former policemen and military personnel, including (SBU, NSU, DSNS, DPSU, SZR), specialist in military law. Entered the TOP-100 lawyers of Ukraine for 2023 and the TOP-10 lawyers in military law.

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New law on mobilization: legal advice

Changes to the law on mobilization

The Law of Ukraine “On amendments to certain legislative acts of Ukraine on certain issues of military service, mobilization and military registration” significantly transforms the current legislation on mobilization. Thus, he makes changes to 16 regulatory legal acts related to this area. Lawyers of the Prikhodko & Partners law office work in the field of military law as one of the basic areas of their specialization. This area of law is the focus of our practice, so we know how to help clients with a variety of requests. Our team regularly monitors legislative changes and followed this legal act even at the draft stage.

 

What key changes does this Law introduce for those liable for military service?

So, among the changes, the following should be noted:

  • Article 2832 is introduced into the norms of the Code of Administrative Procedure of Ukraine. It enshrines a legal norm restricting citizens liable for military service in the right to drive a vehicle if they evade fulfillment of duties related to military registration.
  • Article 22 of the Law of Ukraine “On mobilization preparation and mobilization” is being changed. Now, within 60 days from the date of adoption of the mentioned law, the person liable for military service will be forced to clarify his data in the TCC and SP. This can also be done through the Central Administrative Service. To date, the electronic account with this option does not work.
  • Part 6 of Article 22 of the same Law makes it obligatory for every man from 18 to 60 years of age to have a military registration document with him. Not only representatives of the TCC and SP, but also police officers and representatives of the State Tax Service will have the right to check it.
  • During the document check, a representative of the TCC and SP or a police officer will record the process in a photo or video.
  • Also, Article 27 is added to the mentioned Law, which establishes sanctions against citizens of Ukraine who violate and fail to fulfill military registration obligations. The concept of “requirement” was introduced. Failure to comply will be grounds for restricting the person liable for military service in driving transport.

Separately, it is necessary to consider what changes have been added to the grounds for deferment from mobilization.

New grounds for deferment: what has the Law changed?

The list of grounds for deferment from military service in the context of mobilization has been significantly transformed. The most common grounds under Article 23 have changed as follows:

  • an unconditional right to a deferment has been established for men who have wives with 1st or 2nd group disability; certain conditions have been fixed for group III;
  • the basis for the presence of one of the parents or parents of the wife from among persons with group I or II disabilities is modified; certain mandatory conditions are provided, however, in the absence of persons not liable for military service, a person with a disability is given the right to choose one relative from among those liable for military service who will take care of her ;
  • for those who provide constant care for persons in need, a number of mandatory requirements are also provided (this basis has undergone the greatest changes in relation to the new conditions for obtaining a deferment);
  • the possibility of evading service for applicants for a second or third higher education is excluded.

If you want to find out more relevant information on this topic, the lawyers of the Prikhodko & Partners law office are ready to answer all your questions in a consultation format.

How have the rights and responsibilities of conscripts changed?

As for the rights and responsibilities of conscripts, it should be noted that compulsory military service was abolished. Instead, there was a requirement to complete basic military service. All men aged 18 to 25 will be required to take it. Such service during martial law will last up to 3 months. It will provide for general military and professional training. Legislative norms determine that this service will be introduced from September 1, 2025.

How have the rights of military personnel changed?

As for military personnel, some of their rights have expanded, namely:

  • additional leave has been introduced for the destruction of enemy equipment (it will be up to 15 calendar days);
  • military personnel released from captivity will have an additional leave of 90 calendar days (during this period, the serviceman’s pay will remain);
  • military personnel released from captivity will have the right to be released from military service (such grounds also include the disability of the serviceman himself, which was not previously provided for);
  • family circumstances for dismissal will be applied equally for both mobilized and contract soldiers.

 

If you are interested in how legislative changes will affect your situation, it’s time to seek advice from the lawyers of the Prikhodko & Partners law office. Our specialists also offer the service of accompanying you in cooperation with TCC and JV.

As our practice shows, such support helps to significantly simplify contacts with the TCC, since it limits clients from abuse and abuse of power by officials of the relevant centers. We know how to help you really effectively and, if necessary, provide physical support at the TCC. You can be sure that further interaction will take place strictly within the legal framework.

Our team cares about your comfort and does everything to ensure that your rights and legitimate interests are respected. Fill out the form on our website and our lawyer will contact you shortly.

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Do you need legal advice on the new mobilization law?

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Do you need legal support at the military registration and enlistment office?

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Do you need a lawyer's help in applying for a deferment?

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Do you need help updating data in the military registration and enlistment office?

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Kolhanov Ivan
Head of military law practice

Specializes in administrative law, recalculation of pensions for former policemen and military personnel, including (SBU, NSU, DSNS, DPSU, SZR), specialist in military law. Entered the TOP-100 lawyers of Ukraine for 2023 and the TOP-10 lawyers in military law.

Contact now

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