In 2025, the reservation system continues to work, however, as practice shows, even the presence of official deferral does not guarantee complete protection against mobilization. The lawyer of the law company "Riyako & Partners" Kateryna Anishchenko spoke about the most common problems faced by Ukrainians who have armor, but still find themselves in the army.
The main reason is communication errors or inconsistency between databases. According to the lawyer, despite the availability of confirmation from the Ministry of Economy and the Ministry of Defense, the employees of the Tax Code do not always take into account this data. This is especially often the case if the employer does not update the lists of workers or the employee did not inform the Tax Code about his status.
Another critical moment is the time of delivery of the summons. If a person was presented with a summons earlier than the booking has been issued, he loses the right to defer. In this case, the protection is no longer valid, and the military is subject to mobilization.
Some employers demand that their employees first pass the Military Medical Commission (VLK) and then received a reservation. However, this is a direct violation of the law, the lawyer emphasizes. No norm obliges to undergo VLK before receiving armor. Such a requirement can create additional risks for the employee - during the passage of medical commission he can be recognized as suitable, and then no booking will save.
Since the end of 2024, a system of electronic reservation has been launched in Ukraine through the action "Action" , which is integrated with the reserve+platform. However, technical failures are still happening, and the presence of armor in the system is not always automatically tightened. Therefore, even persons with 100% confirmation of delay can get to mobilization lists.
In such cases, lawyers advise to have a printed statement from the Reserve+and a written confirmation of the approval of the armor by the Ministry of Economy. This increases the chances of avoiding misunderstanding on the spot.
Lawyers recommend that companies send official letters at two CCCs:
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at the place of registration of the enterprise;
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at the place of military accounting of a particular employee.
This minimizes the risk that the information is “lost” in the system. It is also recommended to check the status of the employee in the Reserve+system and store copies of all documents.
There are few options. If a person is already in the army - no delay is valid, even if he was decorated before it. Legally, a person is considered mobilized, and it is possible to cancel this only in court - which is actually almost unrealistic.
Some cases of appeal of such mobilization are already in the case law of 2024. However, they are extremely isolated and, according to lawyers, victory in such cases - rather an exception than the rule.
