Incidents

Forcibly mobilize: Which of the men may be returned to military registration after delay

According to the legislation, conscripts, conscripts and reservists are obliged to register again after the circumstances that have disappeared. After that, they are again mobilized. Since the beginning of February 24, 2022, general mobilization has continued in Ukraine and there is a martial law without interruption. All men between the ages of 18 and 60 are considered to be conscripts and can be called for military service.

Within the framework of changes in the legislation concerning accounting and mobilization, some citizens may be registered and called for service. This is stated in the article "NV". The general mobilization and martial law in Ukraine was continued until November 15, 2023. According to these measures, all men between the ages of 18 and 60 can be drafted into military service.

In order to confirm mobilization, it is necessary that the person meets the requirements for health reasons and can fulfill military responsibilities. At the end of August 2023, there were changes in the painting of diseases, approved by Order No. 402 of the Ministry of Defense, which led to a reduction in the list of diseases and conditions in which the citizen is considered unsuitable for military service.

President of Ukraine Volodymyr Zelensky instructed to check all the decisions of the Military Medical Commissions on Unfitness, adopted from February 24, 2022. As a result of the decisions of military medical commissions on unfit for military service, it is possible to exclude from military accounting. In the light of the changes made by Order No. 490, it is possible to review the decisions of the VLK.

This means that some persons who have been excluded from military accounting may be registered in case of reviewing their status according to these changes. Article 23 of the Law of Ukraine "On Preparation and Mobilization" lists the categories of citizens who can count on delay. It should be noted that persons derived from military accounting are not included in any of the above categories described in this article.

The conscripts, servicemen and reservists, withdrawn from military accounting, are obliged to register again after the circumstances that caused their removal have disappeared. Typically, men who have previously been removed from military accounting are required to appear in the CCC to clarify their data from military accounting. If the reason for withdrawal from military accounting still exists, it can be simply a procedure for clarifying the data.

However, if a person no longer has grounds for withdrawal from military accounting (for example, if they have reached the age, when they were to be taken into account), the head of the Tax Code may take measures to return such a person to military records. In some cases, if the person does not appear to clarify the data or does not fulfill his or her military duties, he or she may be fined for violation of accounting rules.

Exception from military accounting means that a person ceases to fall under the category of conscripts or reservists. In contrast, withdrawal from military accounting is a temporary measure and can occur, for example, when changing the place of registration, place of residence, temporary traveling abroad or serving a sentence for a slight offense.

The process of withdrawal from military accounting obliges to apply for re -registration in accounting, otherwise it will be regarded as a violation of the rules of military accounting. Persons who have been expelled from military accounting are not obliged to register again because they are no longer regarded as conscripts.

The following men are excluded from military accounting: among all groups, including those who were found unfit for military service for medical reasons and excluded from military accounting, there is a possibility of recovery on accounting if they have a re-medical examination before the higher level of the military medical commission than the level of the commission, which from the very beginning made a decision on their unfitness.