A law has been signed allowing the reservation of men who are not registered or are wanted by the TCR

On October 31, the President of Ukraine signed the Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding the Organization of Labor Relations under Martial Law”, which introduces new approaches to reserving certain employees who are liable for military service (draft law No. 13335). The law will come into force on December 4 this year.

The law provides for the possibility of reserving employees who are liable for military service and :

  • are not registered with the military;
  • have missing or incorrectly completed military registration documents;
  • have not specified their personal data in the TCR;
  • are wanted for violating the rules of military registration, defense legislation, mobilization preparation, and mobilization.

It is important to note that the draft law provided for its application to all critically important enterprises.

However, the final version of the law refers to the possibility of reserving employees who are liable for military service and have  violations only those who work at enterprises that are critical for:

  • meeting the needs of the Armed Forces of Ukraine and other military formations;
  • the functioning of the economy and ensuring the livelihoods of the population during a special period in the defense-industrial complex.

Thus, under the new rules, deferment does not apply to all critically important enterprises without exception, but only to those that meet certain criteria of importance for the state’s defense capability.

GOLAW will continue to monitor the development of law enforcement practice regarding the new deferment procedure and will provide information on further changes in legislation in the field of mobilization.

Natalia Matviichuk

Natalia Matviichuk

Senior Associate, Attorney at law

1801

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