Reservierung von der Mobilisierung: Wer kann einen Aufschub erhalten und was Sie allgemein über die Reservierung wissen müssen

Die Ukraine hat die Regeln für die Reservierung von Bürgern vom Militärdienst geändert. Insbesondere betreffen die Änderungen die Liste der Unternehmen, Fristen und Mechanismen. Erfahren Sie, wie die Reservierung jetzt erfolgt und was Sie darüber wissen müssen

Rechtsberatung für Ukrainer

HOLEN

Since the beginning of June, new rules for mobilisation reservations have been in force in Ukraine. Now citizens can get a deferral through various mechanisms. Here's how the new rules apply to reservations for mobilisation in Ukraine, what the limits are, and who is eligible.

According to Cabinet of Ministers Resolution 560, which came into effect on 7 June, a number of changes are being made to the booking rules.

For example, those who are booked will receive a deferral from mobilisation regardless of age, military rank and military speciality. The changes also affect the limits of reserved employees, the reservation period, and the criteria for companies that can do so.

Reservation limits for mobilisation

As for the limits, the number of employees reserved in state bodies cannot exceed 50% of the number of persons liable for military service as of 18 May 2024. In case of an increase in the number of employees liable for military service, the number of reservations shall be as of the date of submission of the lists.

The resolution states that during martial law, no more than two assistants for each MP may be booked, who are employed under a permanent employment contract and assigned to the Verkhovna Rada's Secretariat for personnel and financial services. 

No more than 50% of employees can be booked in state bodies, prosecutor's offices, the Bureau of Economic Security, justice system institutions and pre-trial investigation bodies.

The same percentage of people can be booked in the police and the State Emergency Service. However, there are exceptions for them: the volumes may be higher by a separate decision of the Minister of Defence.

At the same time, 100 per cent reservation is available to employees of:

- civil servants of category A;

- employees of patronage services of state bodies (jurisdiction over the entire territory of Ukraine);

- heads of regional, district and city state (military) administrations;

- civil servants of category "B" (if temporarily entrusted with the performance of duties under a vacant position of civil service of category "A").

All persons liable for military service may be booked in courts, critical enterprises, as well as members of supervisory boards of companies of strategic importance to the economy and security of the state, members of supervisory boards of companies of particular importance to the economy, prosthetists, orthotists, prosthetic technicians, engineers and mechanics of prosthetic and orthopedic products, provided that they have completed at least 50% of the normal working hours over the past three months.

All persons liable for military service in institutions and organisations that include full-time national teams of Olympic, non-Olympic and disabled sports are also booked.

As for the reservation period, it cannot exceed the mobilisation period (for persons liable for military service from government agencies) and the duration of the contract for the supply of goods, works and services (for persons liable for military service at enterprises that meet the needs of the Armed Forces and other military formations).

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How to make a reservation?

To obtain mobilisation reservations for eligible employees, you need to submit lists to the following bodies:

- government agencies - to the Ministry of Defence;

- Critically important enterprises - to the Ministry of Defence or the Ministry of Strategy and Industry;

- Banks and other institutions critical to the economy - to the central executive body, the National Bank or the State Military Administration.

In general, it takes no more than 20 days for the lists to be approved by all agencies. The availability of the reservation is confirmed by an extract from the decision of the Ministry of Economy, which is provided to the person liable for military service by a state authority, local government or enterprise.

Employers, in turn, send a notice of reservation to the military registration and enlistment office where the person liable for military service is registered within five days after the extract is issued.

Reservations for mobilisation in Diia

The Cabinet of Ministers also approved a mechanism for online booking of persons liable for military service through the Diia portal. However, a single list of eligible employers has not yet been formed.

It is these employers who will be included in the unified list that will be able to submit the relevant applications. In doing so, Diia will receive data on the total number of persons liable for military service in such a legal entity, as well as the number of persons liable for military service with a deferment and those transferred to special military registration. After verification, such employees will be automatically transferred to special registration for the duration of the deferral from mobilisation.

At the same time, they will not be able to book through Diia:

- If the person liable for military service is not in the Register of Persons Liable for Military Service ("Oberig");

- If the Register of Persons Liable for Military Service does not contain information that the person is officially employed.

We remind you! In 2024, students of foreign and Ukrainian universities may be deferred from mobilisation if they are studying full-time. This applies to students enrolled in bachelor's, master's or doctoral programmes. Read more about what you need to get a deferral here.

Want to know more? Read the latest news and useful materials about Ukraine and the world in the News section.

Ihor Usyk is the Head of Legal Department at Visit Ukraine

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