The Cabinet of Ministers adopted a resolution “Some Issues of Booking Conscripts During Martial Law”, which includes a new edition of the Procedure for Booking Conscripts During Martial Law and approves the possibility of electronic booking through Diya.
The updated Procedure defines the procedures for booking military conscripts for the period of mobilization and wartime for persons who work or are serving:
- in state bodies, local self-government;
- at critically important enterprises, institutions and organizations necessary to support the Armed Forces;
- at enterprises, institutions and organizations important for the economy and the livelihoods of the population;
- in specialized UN agencies and other international organizations in which Ukraine is a member.
Reservations for military conscripts are made on the basis of lists approved by the Ministry of Economy and agreed with the Ministry of Defense (or the Security Service of Ukraine, the State Security Service, or the Ministry of Defense, depending on the employee's accounting specialty). The lists can be submitted both in paper and electronic form through the Diya system.
The changes include expanding the list of individuals subject to reservation, including those with scarce military accounting specialties (MOS). The maximum reservation period for critical enterprises has also been increased from six months to a year.
In order for businesses to be able to cover their employees in the event of martial law, they must first obtain critical status. This process includes seven criteria that are formed by each ministry or central executive body.
According to Deputy Minister of Economy Igor Fomenko, after the enterprise passes the relevant inspection, it is issued an order recognizing it as critically important. After that, the enterprise submits a list of conscripts for reservation to the relevant central executive body or local government body, which confirmed its status.
Before these lists are sent to the Ministry of Defense or other departments where conscripts are registered, they are checked through the “Oberig” registry to ensure that military records match. The information is then sent to the Ministry of Economy.
As Igor Fomenko explains, the Ministry of Economy checks the presence of all necessary grounds and, if necessary, may request the enterprise to provide additional documents to confirm the information. After receiving all the necessary information, the Ministry of Economy issues an order, which is sent to the relevant authorities for further implementation of the booking procedures.
In case of doubt about the accuracy of the information provided, the company may be asked to provide documentary confirmation. If the Ministry of Economy determines that the information is incomplete or contains falsification, the company may be denied booking of its employees.
As of May 18, 2024, the government has set new limits on the number of conscripts who can be booked at enterprises and organizations. According to the new rules, this number should not exceed 50% of the total number of conscripts.
According to the innovations, enterprises belonging to the defense-industrial complex and the energy sector will be able to book up to 100% of their employees. This decision will facilitate the planning of the work of weapons manufacturers and energy workers, which will ensure the needs of the Armed Forces and the population in heat and electricity, emphasized Igor Fomenko, Deputy Minister of Economy.
Additionally, MPs are demanding that 100% of emergency medical workers also have guaranteed reservations. This demand arose after the conflict in Odessa, where ambulance drivers gave up their protection to representatives of territorial coordination centers (TCCs).
The new version of the reservation procedure also reduced the amount of reservation for police officers and the State Emergency Service (SES) to 50%. However, the possibility of exceeding this limit to 90% for rescuers and police officers remained subject to a reasoned decision by the Minister of Defense based on a request from the Minister of Internal Affairs.
Interior Minister Ihor Klymenko, who heads the State Emergency Service, confirms that the government has agreed on 90% armor for rescuers and police to ensure that they can perform their duties at a high level.
Also, to ensure the effective work of people's deputies, the government allowed the reservation of up to two assistant consultants on a permanent basis, who work in the Verkhovna Rada of Ukraine for personnel and financial services.
State bodies, local governments, enterprises, institutions and organizations are obliged to issue to military conscripts an extract from the relevant decision, which is certified by the signature of the head and a seal (if any). This extract is issued to the military conscript personally with his signature in the information on the issuance of special military registration forms.
Employers are required to send notifications of the reservation of a registered conscript to the territorial coordination centers (TCC) within five days from the date of issuance of the extract to the conscript.
Mandatory reservation applies to the following categories of military conscripts:
- civil servants of category A;
- full-time employees of patronage services of state bodies with jurisdiction over the entire territory of Ukraine;
- heads of regional, district, Kyiv and Sevastopol city state administrations (military administrations in case of their formation);
- civil servants of category B who are temporarily assigned to perform duties for a vacant civil service position of category A;
- heads of regional, district, city (if established) councils, village, settlement, and city mayors.
Also subject to mandatory reservation:
- ultimate beneficial owners of critical enterprises who are not their employees;
- members of supervisory boards of business entities that are of strategic importance to the economy and security of the state and whose asset value exceeds certain thresholds;
- persons holding positions related to important technical specialties and medical professions, with appropriate justification.
The restriction on the number of military personnel subject to reservation does not apply to enterprises of the fuel and energy complex and their contractors servicing life support systems, technical workers ensuring the operation of electronic communication networks during a special period, as well as to other specified categories of organizations and officials determined by relevant orders and decisions of government bodies.
The government adopted nine reasons for canceling the postponement:
- Expiration of its validity period.
- Completion by an enterprise, institution or organization of the production of goods, performance of work and provision of services for the needs of the Armed Forces and other military formations.
- Deprivation of an enterprise of the status of being critically important for the functioning of the economy and ensuring the livelihoods of the population.
- Liquidation of a state authority, other state authority, local government authority, enterprise, institution or organization.
- Dismissal of a military serviceman from a state authority, other state authority, local government body, enterprise, institution or organization (except for cases of dismissal with subsequent appointment to another position within the same enterprise).
- Temporary termination of the employment contract of a conscript with the enterprise.
- A substantiated submission from the head of a state authority, other state authority, local government authority, enterprise, institution or organization.
- Granting a deferral for other reasons specified in Article 23 of the Law “On Mobilization Training and Mobilization”.
- Termination of a concluded agreement (contract) or expiration of the term of appointment for employees of specialized UN agencies, international judicial bodies, international and non-governmental organizations and institutions of which Ukraine is a member, participant or observer, in accordance with international treaties concluded by Ukraine.
A deferral issued by the Ministry of Economy with an indefinite term is considered canceled from the date the Ministry of Economy makes another decision on the reservation of such a conscript.
