Analysis of the Draft Law of Ukraine on Amendments to Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization”
Essence of the draft law: This draft law amends Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization,” which concerns granting deferrals from military service during mobilization to certain categories of citizens. It provides for clarification of the categories of persons entitled to a deferral, and also defines the terms for which such right is valid. The key change concerns those liable for military service who served under contract during martial law.
Structure of the draft law: The draft consists of two sections. Section I amends Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization” directly. Section II contains final provisions that determine the date of entry into force of the law and set tasks for the Cabinet of Ministers of Ukraine to bring regulatory legal acts into compliance with this law.
Main provisions and changes:
- Deferral for those who served under contract: The draft specifies that those liable for military service and reservists aged 18 to 25 who, during martial law, were accepted for military service under a contract for a term of one year and discharged from military service on certain grounds, are entitled to a deferral from conscription during mobilization.
- Deferral period: The deferral is granted for 12 months from the date of discharge from military service.
- Possibility of voluntary conscription: Persons entitled to a deferral may be conscripted for military service with their consent.
- Final provisions: The Cabinet of Ministers of Ukraine must bring its regulatory legal acts into compliance with this law within one month from the date of its entry into force.
Main provisions important for stakeholders:
- For legislators: It is important to assess the impact of the proposed changes on the mobilization reserve and the country’s defense capabilities.
- For experts: It is necessary to analyze the compliance of the provisions of the draft law with the Constitution of Ukraine and international obligations.
- For business: Companies should take into account the changes when planning personnel policies and ensuring uninterrupted operation.
- For citizens: It is important to understand which categories of persons are entitled to a deferral from conscription and what documents must be submitted to confirm this right.
Analysis of other documents:
Based on the analysis of the provided documents, the following conclusions can be drawn:
- Position of the authors of the documents:
- Cabinet of Ministers of Ukraine: Supports the draft law and submits it to the Verkhovna Rada for consideration. This follows from the cover letter of the Prime Minister.
- Committee of the Verkhovna Rada of Ukraine on Budget Issues: Has no objections to the draft, as its implementation will not affect budget indicators.
- Main Scientific and Expert Department of the аппарату (Office) of the Verkhovna Rada of Ukraine: Generally agrees with the need to solve the problem, but expresses reservations about the discriminatory nature of certain provisions and suggests alternative solutions.
- Committee of the Verkhovna Rada of Ukraine on National Security, Defense and Intelligence: Recommends that the Verkhovna Rada adopt the draft in the second reading and as a whole in the version proposed by the Committee.
- Main Department of Documentary Support of the Аппарату (Office) of the Verkhovna Rada of Ukraine: Conducted a linguistic examination and proposed editorial amendments, after which it has no comments.
- Main Legal Department of the Аппарату (Office) of the Verkhovna Rada of Ukraine: Believes that the bill can be adopted in the second reading, taking into account the comments on the timing of entry into force and the need for coordination with bylaws.
- Main provisions of the documents:
- Draft Law: Proposes to grant a deferral from military service during mobilization for 12 months to those liable for military service and reservists who, during martial law, were accepted for military service under a contract for a term of one year at the age of 18-25 years and were discharged from military service on certain grounds. Such persons may be conscripted for military service with their consent during this period.
- Resolution of the Verkhovna Rada of Ukraine: Proposes to adopt the draft law as a basis.
- Conclusions of committees and departments of the Verkhovna Rada of Ukraine:
- Budget Committee: Implementation of the law will not affect the budget.
- Main Scientific and Expert Department:
- Indicates the discriminatory nature of limiting the deferral to 12 months.
- Proposes to grant a deferral to all those liable for military service under 25 years of age or for a certain period to persons over 25 years of age who served under contract at the age of 18-25 years.
- Notes the incorrect wording “may be conscripted for military service with their consent” and proposes to use the wording on acceptance for military service with consent.
- Proposes to extend the term of entry into force for coordination with bylaws.
- Committee on National Security, Defense and Intelligence: Recommends adopting the bill in the second reading.
- Main Legal Department:
- Indicates the need to coordinate the timing of entry into force with bylaws.
- Emphasizes the importance of legal certainty and preventing a situation where the implementation of the law depends on the adoption of bylaws.
