From December 1, updated rules for the reservation of conscripts come into force in Ukraine. They provide for significant changes in the conditions for granting deferments and affect both employees and enterprises that employ them. Military lawyer Roman Lykhachev explained the key aspects of these changes and pointed out possible risks.
When are deferrals canceled?
The changes provide for cancellation of the postponement in the following cases:
- expiration of its term;
- completion of works by the enterprise for the needs of the army;
- the enterprise's loss of critical status;
- dismissal or termination of the employment contract with the employee.
Authorities that determine the critical importance of enterprises can at any time review the enterprise's compliance with the criteria. In case of loss of status, employees automatically lose their reservation.
Who can get a reservation?
The new rules determine that the following are subject to reservation:
- employees of critical enterprises whose salary exceeds 20 thousand hryvnias;
- those who are on military registration and have updated data;
- persons who are not wanted.
However, according to the law, no more than 50% of conscripted employees of critical enterprises will be subject to reservation. If necessary, this share can be increased by the decision of the Minister of Defense.
Booking procedure through "Diya"
From December, all booking applications will be made through the "Diya" portal. The review process will take up to 72 hours. However, there is a risk: when visiting the TCC for registration, the employee may be immediately mobilized.
"This moment with the TCC carries corruption risks. In some cases, the decision on booking can be delayed, which leads to the mobilization of employees of enterprises," Likhachev said.
What will change for businesses?
Enterprises with the status of critical importance as of November 30, 2024 keep this status automatically until the end of the year. However, they have until February 28, 2025 to prove their importance.
Within 10 days from the entry into force of the resolution, the Cabinet of Ministers must establish clear criteria for determining the criticality of enterprises.
