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Analysis of the Draft Law of Ukraine “On Amending Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization” Regarding Granting Deferral from Military Service During Mobilization to Certain Categories of Citizens” (reg. No. 13574)
Essence of the Draft Law
The draft law introduces amendments to Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization,” which defines the list of persons entitled to a deferral from conscription during mobilization. The amendments concern the expansion of the list of categories of citizens who can receive a deferral and clarification of the conditions for its granting. In particular, the amendments concern students, scientific and pedagogical staff, as well as those liable for military service who have served under contract. The key objective is to regulate the issue of deferral for various categories of citizens, balancing the needs of defense and social justice. The latest version aims to take into account numerous amendments and proposals submitted by People’s Deputies.
Structure and Main Provisions of the Draft Law
The draft law consists of amendments to Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization.”
- Amendments to Part Three of Article 23: It is clarified that deferral is granted to students of professional, vocational pre-higher, and higher education (bachelors, masters, doctors) who study in full-time or dual form, but no later than one year after reaching the maximum age for referral for basic military service.
- Additions of paragraphs 1-1 and 1-2: It is added that doctoral students, medical interns, and medical residents are entitled to deferral.
- Amendments to paragraph 2: It is clarified that deferral is granted to pedagogical staff of general secondary, professional, vocational pre-higher education institutions, scientific, scientific-pedagogical, pedagogical staff of higher education institutions, and scientific institutions who work at their primary place of work for at least 0.75 of a position.
- Addition of a new Part Seven: It is established that those liable for military service and reservists who were admitted to military service under contract for one year (aged 18 to 25) during martial law and were discharged from military service are not subject to conscription for 12 months, but may be conscripted with their consent.
Main Provisions of the Draft Law and Their Importance
The main provisions of this draft law may be of significant interest to various stakeholders:
- For legislators: It is important to balance the needs of defense with the need to ensure social justice and economic stability.
- For experts: Changes in education and scientific activities may affect the quality of education and scientific research. Attention will be paid to analyzing the impact of these changes on the country’s human capital.
- For business: Changes may affect the availability of qualified personnel, especially in the educational and scientific fields.
- For citizens: It is important to know whether they fall under the updated deferral criteria, especially students, teachers, and young people who are considering military service under contract.
Analysis of other documents:
Analysis of Documents Regarding the Draft Law of Ukraine “On Amending Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization”
1. List of Acts of the Cabinet of Ministers of Ukraine and Central Executive Bodies
The author of this list supports the draft law, as the document determines which regulations need to be revised or adopted to implement the provisions of this draft.
Main provisions:
- To implement the provisions of the draft law, it is necessary to amend the “Procedure for Conscription of Citizens for Military Service During Mobilization, for a Special Period,” approved by the Resolution of the Cabinet of Ministers of Ukraine of May 16, 2024, No. 560.
- The Ministry of Defense of Ukraine is designated as responsible for preparing the draft amendments to the specified procedure.
- The deadline for adopting or revising the regulatory act is one month from the day following the day of official publication of the law.
- This is important because the speed and quality of adaptation of by-laws directly affects the practical implementation of the law.
2. Draft Resolution of the Verkhovna Rada of Ukraine
This document is part of the legislative initiative of the Cabinet of Ministers and directly supports the draft law, proposing that the Verkhovna Rada adopt it as a basis.
Main provisions:
- It is proposed to adopt as a basis the draft Law of Ukraine “On Amending Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization” Regarding Granting Deferral from Military Service During Mobilization to Certain Categories of Citizens.”
- The Committee of the Verkhovna Rada of Ukraine on National Security, Defense, and Intelligence is instructed to finalize the draft law and submit it for consideration in the second reading.
3. Conclusion of the Committee of the Verkhovna Rada of Ukraine on Budget Issues
The Committee on Budget Issues supports the consideration of the draft law, confirming that its implementation will not affect budget indicators.
Main provisions:
- The implementation of the provisions of the draft law will not require additional expenditures from the state budget.
- The Ministry of Finance of Ukraine has no comments on the draft law within its competence.
4. Conclusion of the Main Scientific and Expert Department of the Apparatus of the Verkhovna Rada of Ukraine
The Main Scientific and Expert Department generally agrees with the need to address the problem raised in the draft law, but expresses a number of reservations and suggestions for its improvement.
Main provisions:
- It is pointed out that it is necessary to resolve the issue of the possibility of conscription for military service during mobilization of persons under 25 who served under contract during martial law.
- Disagrees with the proposal to grant a deferral for only 12 months, considering this discriminatory.
- It is proposed to consider the possibility of establishing a deferral from conscription for military service during mobilization for all those liable for military service and reservists until they reach the age of 25.
- Attention is drawn to the incorrect use of the term “may be conscripted for military service with their consent,” proposing to replace it with “admission of citizens to military service with the consent or desire of such persons.”
- It is recommended to provide for a longer period for the entry into force of the draft Law.
5. Conclusion of the Committee of the Verkhovna Rada of Ukraine on National Security, Defense, and Intelligence
The Committee recommends that the Verkhovna Rada of Ukraine adopt the draft law in the second reading and as a whole in the version proposed by the Committee.
Main provisions:
- The Committee has prepared the draft Law for the second reading and recommends that the Verkhovna Rada of Ukraine adopt it as a whole.
- Only a small part of the 189 amendments and proposals received were taken into account.
- It is proposed to instruct the Committee, during the preparation of the text of the adopted Law for signing by the Chairman of the Verkhovna Rada of Ukraine, to carry out its technical and legal finalization jointly with the Main Legal Department of the Apparatus of the Verkhovna Rada of Ukraine.
6. Conclusion of the Main Department of Documentation Support of the Apparatus of the Verkhovna Rada of Ukraine
The Main Department of Documentation Support confirms that the editorial amendments provided during the preliminary examination have been taken into account in the text of the draft law. There are no comments on the text of the draft law.
Main provisions:
- Confirmation of consideration of editorial amendments.
- No comments on the text of the draft law.
7. Comments of the Main Legal Department of the Apparatus of the Verkhovna Rada of Ukraine
The Main Legal Department expresses comments regarding the provisions of the draft law concerning the terms of its entry into force and bringing by-laws into compliance.
Main provisions:
- It is emphasized that there are no sufficient and complete mechanisms for the implementation of the provisions of the Law in the event of its adoption, since the implementation of the norms of the future Law depends on the adoption of the relevant by-laws.
- The provisions of clauses | and 2 of Section P “Final Provisions” of the draft law indicate the absence of sufficient and complete mechanisms for the implementation of the provisions of the Law in the event of its adoption, since the implementation of the norms of the future Law depends on the adoption of the relevant by-laws.
- It is proposed to postpone the entry into force of this draft law for the period necessary for the Cabinet of Ministers of Ukraine to prepare draft by-laws arising from it, so that their adoption and entry into force are synchronized with the term of entry into force of this Law.
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