Mobilitazione sotto i 25 anni: perché gli uomini di questa età possono essere arruolati nell'esercito ed è legale?

In Ucraina, ci sono sempre più casi in cui ragazzi sotto i 25 anni vengono inviati alla commissione medica militare e poi a esercitazioni militari e al fronte. Questo ha cominciato a succedere dopo l'entrata in vigore della legge sulla mobilitazione. Scopri su quali basi tali persone vengono arruolate nell'esercito, se ufficialmente mobilitate a partire dai 25 anni.

Consulenza legale per ucraini

OTTENERE

It has been a month since the new law on mobilisation came into force in Ukraine. Since it came into force, many rules have changed, including the lowering of the mobilisation age to 25. However, there are cases where young people are still being drafted at a younger age. 

There are several legal reasons why this happens. Let's find out.

According to lawyer Oleh Leontiev in a comment to Focus, situations where young men are sent to a training ground occur frequently. The fact is that the conscription age during a special period, in accordance with the law on mobilisation, is 25 years old. However, if a person liable for military service is considered a reservist, he can be called up even earlier.

"Reservists are those who have previously served in the military, graduated from a military department or were declared unfit for military service in peacetime and are limitedly fit for service in a special period. The third category is the most common reason why boys under 25 are taken to the front," he explained.

In addition, people who somehow received a "white ticket" in peacetime also automatically fall into the category of "reservists", as their status for wartime was originally prescribed as "limitedly fit". However, since last month, there is no such concept in Ukraine, and only "fit" or "unfit" remains.

This information is confirmed by the Judicial and Legal Newspaper. It cited an example when, when updating data in the TCC, some students who complete their bachelor's degree and are registered for master's exams are sent to a military medical commission.

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Why does this happen?

It turns out that there is no procedure for transferring men under the age of 25 who were previously declared partially fit and will be declared fit after a second medical examination.

This refers to those students who complete their bachelor's degree and are registered for master's exams, and when updating their data in the TCC, having a temporary certificate of a person liable for military service issued as partially fit, they are sent to the commission.

That is, even if a guy is not fit for service by age, but had the status of "partially fit", he is formally liable for military service.

The old mobilisation legislation contained such a provision, and the new one changed it, but did not correct the situation itself. That is, it did not return such men to the category of conscripts.

After the amendments, the words "in peacetime, limitedly fit in wartime, subject to registration for military service" were removed from the above fifth paragraph of part 10 of Article 14 of the Law "On Military Duty and Military Service" in accordance with the Law on the cancellation of the status of limitedly fit (Law "On Amendments to Certain Laws of Ukraine on Ensuring the Rights of Servicemen and Police Officers to Social Protection" of 21.03.2024).

However, there is no procedure for removing men under the age of 25 previously recognised as partially fit from the register of persons liable for military service and registering conscripts.

We remind you! A QR code has been added to the Reserve+ application, which gives an electronic military registration document the legal force of a paper document. Read about new opportunities for citizens liable for military service and how to get a QR code here.

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Ihor Usyk is the Head of Legal Department at Visit Ukraine

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