The long-awaited defense law, while aiming to strengthen the country’s defence, betrays frontline troops by omitting important provisions for troop rotations and demobilization.
After months of endless revisions, and more than 4,000 amendments proposed, Ukraine’s parliament has finally adopted a law that aims to strengthen the nation’s mobilization effort in the face the unrelenting Russian aggression.
The bill, which received 283 votes in support, promises to make several changes to the military recruitment process.
As the details of the new law become clearer, a feeling of unease permeates the trenches of the frontline and the public at large. Many feel that the long-awaited law falls far short of the necessary action to combat the existential threat posed Moscow’s ambitions.
This law is based on the urgent need to replenish the ranks in Ukraine’s Armed Forces. These forces have suffered substantial losses during the past two years. The Ukrainian leadership has stressed the urgent need to strengthen its military capabilities as the prospect of a large-scale Russian offensive is looming.
What’s New in the Law?
The new legislation aims to create a comprehensive system of monitoring and accounting of all men who are eligible for military service between the ages 18 and 60. This includes those living abroad.
These individuals will have to update their military registration information within 60 days of the law being enacted, either by updating it in person at the territorial recruitment centers, administrative service centers, or through an electronic cabinet.
The males in this range must always carry their military documentation and show it to enlistment or police officers on demand. Residents of other countries cannot obtain passports and consular services if they do not have the proper military registration.
The authorities will now be able to initiate court proceedings in order to temporarily revoke driving privileges for draft evaders. The fines for violating the conscription laws in wartime have also been increased by tenfold. They can now reach amounts of UAH 25,500 for individuals (approximately 700 dollars) and UAH 59 500 (around 1,600 dollars) for businesses and government officials.
One notable provision is the exemption and deferment of conscription for certain groups. These include parents with three or more minors (except those with arrears in alimony), single parents, parents who adopted children, people whose relatives died or went missing during the war, and people with disabilities.
Also, law enforcement personnel and members of parliament, their assistants, the heads of government agencies and ministries, judges and diplomats are eligible for “reservations” from mobilization.
The law also introduces a concept of “basic training in military skills,” which will become mandatory for all male students enrolling in vocational, technical and higher education institutions beginning September 1, 2025. This training, which can last up to five months long, is designed to prepare potential recruits to serve in the military.
What’s missing?
The critics have criticized the law for omitting important aspects that were originally proposed but were ultimately excluded during legislative process.
One of the most controversial omissions is that there are no provisions regulating demobilization or rotation of military personnel who are currently serving in the front line.
Initially, the draft stipulated that soldiers could be discharged after a maximum of 36 months. This clause was removed by the Commander-in Chief of the Armed Forces Oleksandr Sryskyi who believed that such issues should be addressed through a separate legislation.
Roman Lozynsky, a member of Parliament, commented on the law the day after the adoption of the amended laws:
“They removed an important provision for my fellow soldier. Those who volunteered in the early days to go to war. A provision which clarified the terms and conditions of the right to demobilize. This injustice is made even worse by the self-removal of the president. It’s unfair to stop the enemy with a few hundred thousands civilians who cared about this country but were forced into soldiers.”
He also added:
“All of the amendments to the parliament were rejected. All 65 of mine were rejected, though they did take into account some specific suggestions when preparing the amendments by the committee. The proposals from the local self-government committee were ignored and decisions that are guaranteed to fail were embedded in the text.
Critics also pointed to the fact that a large number of people still do not have their mobilization rights.
It is unfortunate that despite the clear categories of exemption from mobilization, many people exploit these rules in order to avoid conscription. This includes falsely claiming that you are a caregiver to a sick person or fabricating documents.
There are no other significant consequences to avoiding mobilization, apart from minor fines and driving restrictions.
The following categories are exempt from mobilization:
* Citizens who are not fit for military service because of health conditions or old age, as determined by a military medical committee.
* Individuals who are temporarily unfit to serve in the military due to health conditions, as determined by an army medical commission. This period is between 6-12 months. After the specified period, they are required to undergo a second medical examination.
* Protected employees. (Details will be provided in the text).
* Parents with three or more minors, except those who have been divorced and paid alimony in the past three months.
* Men and women who have at least one child younger than 18 years old.
* Parents, guardians and foster parents.
* Parents who support an adult child with a disability in the first or second groups.
* Adopters and guardians who provide care for a minor.
* Citizens who are constantly caring for a sick spouse or child.
* Guardians of an incapacitated person as determined by a court.
* Individuals who have a spouse with a disability in the first or second groups, or a third group disability due to cancer, amputations, mental disorders, cerebral palsy or other paralytic syndromes.
* Citizens who support one of their parents, or one of the parents of their spouses with a disability in the first or second groups.
* People who have a spouse in the military and are raising a child.
Citizens whose relatives died in the Anti-Terrorist Operation, Joint Forces Operation or a full-scale war.
* Families of Heroes of Ukraine, who died during the Revolution of Dignity.
The law also provides a list public officials who can be exempted from military service. The list includes ministers, their deputies, heads of government bodies and authorities and diplomats. It also includes people’s deputies of Verkhovna Rada of Crimea and deputies of that body.
The law exempts from mobilization certain categories of individuals who are eligible to serve in the military, including:
* Heads of villages, towns, and cities, as well as civil servants in the category “A”.
* Civil servants of category “B” or “C” and employees of local government bodies, up to 50 % of all military-eligible personnel working in an institution.
* Employees of the National Police and the National Anti-Corruption Bureau.
* Employees of enterprises, institutions and organizations that perform mobilization tasks.
* Employees in enterprises that are critical to the economic or defense needs of the country during martial law.
Many military personnel think that the list of exempted individuals should be shortened.
As an example, the commander a Ukrainian army battalion commented to journalist Yuriy Andusov
“There should not be any exemptions for government agencies or law enforcement agencies.” All other law enforcement agencies must mobilize at least half of their staff. They should not be sent to special forces or units, but rather to reinforce the regular infantry. All authorities, including the Verkhovna Rada and the President’s Office, should mobilize 50 percent of their male staff. The authorities should set an example by defending the homeland and not avoiding mobilization. All that is not working for defense and safety must contribute to the war. Health reasons may prevent everyone from fighting at the front. Everyone can serve at the rear. “Alternatives should be at supply units and checkpoints, while healthy individuals are on the frontline.”
The military criticizes this law as well, because those who have already been mobilized are left with few rights and limited options for demobilization. Military personnel are also held criminally liable for violations while civilians only face minor fines.
Military personnel are subject to certain rules
Initially, the Ukrainian mobilization bill proposed strict conditions to be met by military personnel in order to demobilize them. However, these provisions were removed during the preparation of the second reading. The decision was made in response to the appeals of the Commander-in Chief, the Defense Ministry, and the Prime Minster who argued that the demobilization and rotation issues during wartime should have been addressed by a separate legal act.
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