Updated rules for reserving military service in Ukraine come into effect on December 1. They provide for significant changes in the conditions for granting deferrals and affect both employees and the companies that employ them. Military lawyer Roman Likhachev explained the key aspects of these changes and pointed out possible risks.
When are deferrals canceled?
The changes provide for the cancellation of the postponement in the following cases:
- its expiration date;
- completion of work by the enterprise for the needs of the army;
- loss of critical status by the enterprise;
- dismissal or termination of an employment contract with an employee.
The authorities that determine the criticality of businesses can review a business’s compliance with the criteria at any time. If the status is lost, employees automatically lose their reservations.
Who can receive 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 registered in the military and have updated data;
- persons who are not wanted.
However, by law, no more than 50% of military-liable employees of critical enterprises will be subject to reservation. If necessary, this proportion can be increased by decision of the Minister of Defense.
Booking procedure through “Diya”
Starting in December, all booking requests will be processed through the “Diya” portal. The review process will take up to 72 hours. However, there is a risk: when visiting the CCC to register, an employee may be immediately mobilized.
“This moment with the CCC carries corruption risks. In some cases, the decision on the reservation may be delayed, which leads to the mobilization of employees of enterprises,” Likhachev noted.
What will change for businesses?
Businesses with critical status as of November 30, 2024 will automatically retain this status until the end of the year. However, they must confirm their importance by February 28, 2025.
Within 10 days from the date of entry into force of the resolution, the Cabinet of Ministers must establish clear criteria for determining the criticality of enterprises.
