Mobilization in Ukraine: Council proposes to allow men's conscientious objection - details

Conscripts will be able to write a waiver of mobilization, and not only the army and police will be able to deliver the summons.

The draft law No. 9566 on amending the law on mobilization was registered in the Verkhovna Rada. It is proposed to mobilize only "motivated patriots" and attract citizens who do not want to fight to work for the economy. If the document is accepted, conscripts will be able to write a refusal to mobilize on the basis of personal or religious beliefs.

The initiator of the bill is the People's Deputy "Servant of the People" Georgy Mazurashu.

The draft law may defuse social tensions

In his opinion, such changes will increase the motivation of citizens to defend the country, ease social tensions, and contribute to supporting and strengthening the economy and defense capabilities.

According to Mazurash, the participants in the hostilities pay attention to the fact that unmotivated, mobilized citizens who "only bring unnecessary problems" to the front are sent to the front.

"If the proposed changes are implemented, the "military commissars" will be able to concentrate on working with motivated patriots, and other citizens, without having to run and hide from the calls, will work on the economy, and therefore on defense capabilities. This is a realistic, wise and pragmatic approach that will inevitably have a comprehensive positive effect and will allow us to become stronger in resisting Russian aggression."

The changes will apply to citizens who have not yet been appointed Attorney Maryna Bekalo explained to TSN.ua that the draft law No. 9566 provides for the involvement of citizens who have not yet been called up for military service during mobilization to perform work of a defensive nature. At the same time, the draft law provides that citizens who are officially employed for at least 0.75 wage or run a business and pay the taxes and fees provided for by the law on time may not be involved in defense work.

"Involvement of citizens in defense work in the event of adoption of this bill is entrusted to the Territorial Recruitment and Social Welfare Centers (TCK and SP). How this will happen and by what procedure, the design of the relevant algorithm does not provide for it."

Conscripts will have the opportunity to write a letter of resignation from mobilization

The bill only stipulates that citizens must submit a written request to the TCC to deny mobilization on the basis of personal or religious beliefs. Otherwise, they will be called up for general military service.

Citizens who have submitted a written request for refusal of mobilization for personal or religious reasons and are ready to engage in work will conclude appropriate employment contracts with payment of at least the minimum wage in defense enterprises or other sectors of the economy in the place of residence (or in other regions for written permission).

“At the same time, the draft act does not regulate the issue of entry into insurance and seniority for the period of performing defense works under such contracts. The project definitely needs to be refined, believes Maryna Bekało.

The bill also introduces an obligation for conscripts, conscripts and reservists to appear within seven days at the ITC military registration site in the event of a general mobilization being announced to clarify account details.

“It is interesting that a general mobilization is currently taking place in Ukraine, which was already announced by presidential decree as early as February 24, 2022, and the deadlines for mobilization are extended every 90 days. It is not known how this obligation will be fulfilled, given that there will be no announcement of mobilization, only its continuation,” the lawyer told.

Not only the army and the police will be able to serve summons

In addition, the bill introduces the powers of the National Police to refer to the TCC perpetrators of violations of the rules of military registration, as well as regulations on defense, mobilization and mobilization training. In this case, the TCC must file an appropriate appeal with the police and the police must then deliver the offender to the TCC.

The bill also requires ZEOs, housing associations, or other organizations operating residential buildings to provide the TCC with information about conscripts and conscripts, as well as the authority to serve conscripts and conscripts summons to TCC and SP and facilitate the challenge.

How will the mobilization process go?

So, if we analyze the bill No. 9566 taking into account the current legislation, the procedure for engaging in defense work in case of approval of the bill will be approximately as follows:

• The conscript stands before the TCC and SP on call as part of the mobilization action in general order.
• In the future, TCC and SP must accept a citizen for military registration (if he has not been registered before) and refer him to the military medical commission (because these are the requirements of the military registration regulations).
• In the absence of the right to defer conscription for military service during the mobilization period, the conscript is subject to mobilization, unless he has submitted a written request for refusal of mobilization for personal or religious reasons and for readiness to participate in defense tasks.
• In this case, the conscript is included in the reserve and an employment contract is concluded with him in order to perform work in a defense enterprise or other branches of the economy, provided that he is not in an employment relationship of not less than 0.75% or FOP, which is appropriate to fulfill tax obligations.

The bill has already been submitted for consideration by the Verkhovna Rada.