Parliament reviews controversial conscription bill amid scrutiny

Mobilization 2024 — is it possible to be registered again after exclusion by the decision of the Military Medical Commission and do such men have to go to the TRC
Mobilization 2024 — is it possible to be registered again after exclusion by the decision of the Military Medical Commission and do such men have to go to the TRC

General mobilization and martial law have been in effect in Ukraine since Feb. 24, 2022, allowing any man between the ages of 18 and 60 to be called up for military service. However, there are questions about the registration and drafting of people who have been exempted from the military registry.

At the end of August, Ukraine amended the list of diseases approved by the Defense Ministry’s Order No. 402, reducing the number of conditions that deem someone unfit for military service.

Read also: Ukraine’s Verkhovna Rada passes Zelenskyy’s demobilization bill

The Verkhovna Rada (Ukraine’s Parliament) is currently reviewing conscription bill No. 10449, which contains provisions that may violate the Constitution of Ukraine. More than 4000 amendments have been submitted and are being considered. The second reading is expected to take place by the end of March.

Current laws and regulations on military registration and mobilization are in effect. All men between the ages of 18 and 60 are considered liable for military service and must be registered for military service, unless the law exempts them from registration. Anyone liable for military service may be served with a draft notice and is required to register.

Who is exempt from military registration?

Exemption from military registration means that a person is no longer considered a conscript, serviceman or reservist. Exempt individuals are no longer required to fulfill military registration obligations.

Read also: Defense Committee rejects some controversial mobilization bill provisions

The following individuals are exempt from military registration:

  • Previously sentenced to imprisonment for a serious or particularly serious crime

  • Unfit for military service for health reasons under martial law and are excluded from the military registry

  • Those who have reached the maximum age limit for reserve duty

  • Drafted or accepted for military service

  • Those undergoing military service (education) in higher military educational institutions and military departments of higher educational institutions

  • Deceased servicemen or conscripts

  • Those who have renounced Ukrainian citizenship and left Ukraine.

Can exempted persons receive draft notices and be re-registered?

According to lawyer Maryna Tokmach, if a person is declared unfit for military service and exempted from military registration, he/she is no longer liable for military service and is not subject to the rules of military registration, including the responsibility to refuse conscription, undergo military registration, update his/her data, and report to a territorial recruitment center.

Read also: Draft dodgers may lose driver’s licenses under new mobilization bill

“The person has no obligations as a conscript, so he cannot be held accountable for refusing to undergo a medical examination or for refusing a draft notice. Moreover, the issuance of such draft notices would be illegal,” she said.

Exempted individuals cannot be reinstated for military registration because, according to Part 1, Article 37 of the Law of Ukraine “On Military Duty and Military Service,” individuals can be registered for military service only if they are REMOVED by an order of the Defense Ministry, not EXCLUDED according to Part 3, Article 37 of the Law.

“The current legislation does not provide for the reinstatement of persons exempted from military registration. Laws and other regulatory acts do not have retroactive effect, and state authorities, their officials and local self-government bodies shall act only on the basis of the Constitution and laws of Ukraine”.

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Read the original article on The New Voice of Ukraine