The Cabinet of Ministers adopted the resolution "Some issues of reservation of conscripts during martial law", which includes a new version of the Order of reservation of conscripts during martial law and approves the possibility of electronic reservation through Diya.
The updated Procedure defines the procedures for booking conscripts for the period of mobilization and military time for persons who work or serve:
- in state bodies, local self-government;
- at critically important enterprises, institutions and organizations necessary for the support of the Armed Forces;
- at enterprises, institutions and organizations important for the economy and life of the population;
- in specialized UN institutions and other international organizations in which Ukraine is a member.
Booking of conscripts is carried out on the basis of lists approved by the Ministry of Economy and agreed with the Ministry of Defense (or the SBU, SZR, GUR of the Ministry of Defense, depending on the accounting specialty of the employee). Lists can be submitted both in paper form and electronically through Diya.
The changes include expanding the list of persons subject to reservation, including those with deficient military accounting specialties (VOS). The maximum reservation period for critical enterprises has also been increased from six months to a year.
In order for companies to book their employees in case of martial law, they must first receive critical status. This process includes seven criteria, which are formed by each ministry or central executive authority.
According to Deputy Minister of Economy Ihor Fomenko, after the company passes the appropriate inspection, it will be issued an order to recognize it as critically important. After that, the enterprise submits the list of conscripts for reservation to the relevant central executive authority or local self-government body, which confirmed their status.
Before sending these lists to the Ministry of Defense or other agencies where conscripts are registered, they are checked through the "Oberig" register to ensure the correspondence of military registration data. After that, the information is sent to the Ministry of Economy.
As Ihor Fomenko explains, the Ministry of Economy checks the presence of all the necessary grounds and, if necessary, may ask the company to provide additional documents to confirm the information. After receiving all the necessary information, the Ministry of Economy issues an order, which it sends to the relevant authorities for further execution of reservation procedures.
In case of doubt about the authenticity of the provided information, the company may be asked to provide documentary evidence. If the Ministry of Economy determines that the information is incomplete or contains falsification, the enterprise may be denied the reservation of its employees.
On May 18, 2024, the government set new limits on the number of conscript workers who can be booked at enterprises and organizations. According to the new rules, this number should not exceed 50% of the total number of conscripted workers.
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 contribute to the planning of the work of weapons manufacturers and energy engineers, which will ensure the needs of the Armed Forces and the population in heat and electricity, stressed Ihor Fomenko, Deputy Minister of Economy.
In addition, people's deputies demand that 100% of emergency medical workers also have guaranteed armor. This demand arose after the conflict in Odesa, where the drivers of the "quick cars" surrendered to the representatives of the territorial coordination centers (TCC).
In the new version of the booking procedure, the amount of bookings for police officers and the State Emergency Service (DSNS) was also reduced by up to 50%. However, the possibility of exceeding this limit up to 90% for rescuers and policemen remained subject to a reasoned decision of the Minister of Defense based on the request of the Minister of Internal Affairs.
Minister of Internal Affairs Ihor Klymenko, who heads the State Emergency Service, confirms that the government agreed on 90% armor for rescuers and police to ensure that their duties are carried out at a high level.
Also, to ensure the effective work of people's deputies, the government allowed booking 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 self-government, enterprises, institutions and organizations are obliged to issue to conscripts an extract from the relevant decision, which is certified by the head's signature and seal (if any). This extract is issued to the conscript personally with his signature in the information on the issuance of special military registration forms.
Employers are obliged to send to the Territorial Coordination Centers (TCCs) a notification about the reservation of a conscript who is on the register, within five days from the moment the extract is issued to the conscript.
Mandatory reservation applies to the following categories of conscripts:
- civil service persons 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 service persons of category B, who are temporarily entrusted with the performance of duties for a vacant civil service position of category A;
- heads of regional, district, city (if formed) councils, village, settlement, city heads.
Also subject to mandatory reservation:
- ultimate beneficial owners of critical enterprises who are not their employees;
- members of supervisory boards of business entities that have strategic importance for the economy and security of the state and the value of whose assets exceeds the specified thresholds;
- persons occupying positions related to important technical specialties and medical professions, with appropriate justification.
The restriction on the number of conscripts subject to reservation does not apply to enterprises of the fuel and energy complex and their contractors, servicing life support systems, technical workers who ensure the operation of electronic communication networks in a special period, as well as to other defined categories of organizations and officials , which are determined by the relevant orders and decisions of government bodies.
The government adopted nine reasons for canceling the postponement:
- Expiration of its validity period.
- Completion by the enterprise, institution or organization of production of goods, performance of works and provision of services for the needs of the Armed Forces and other military formations.
- Depriving the enterprise of the status of critical importance for the functioning of the economy and ensuring the livelihood of the population.
- Liquidation of a state power body, other state body, local self-government body, enterprise, institution or organization.
- Dismissal of a conscript from a state authority, other state authority, local self-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.
- Reasoned submission of the head of the state authority, another state body, local self-government body, enterprise, institution or organization.
- Granting a postponement for other reasons specified in Article 23 of the Law "On Mobilization Training and Mobilization".
- Termination of the 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, in which Ukraine is a member, participant or observer, in accordance with concluded international agreements of Ukraine.
A postponement issued by the Ministry of Economy with an indefinite term is considered canceled from the day the Ministry of Economy adopts another decision on the reservation of such conscript.
