Exemption from Military Service of Certain Categories of Citizens: Who Is Not Subject to Mobilization Now

The Verkhovna Rada of Ukraine continues to approve new grounds for exemption from military service. As such, the Draft Law “On Amendments to Certain Legislative Acts Concerning the Exemption of Certain Categories of Citizens from Military Service” was adopted as a basis and as a whole (No. 7209).

This Law provides for the following grounds for the exemption from military service during martial law:

– pregnancy;

– stay on childcare leave;

– exemption of one of the spouses, if both are serving in the military and have a minor child (children);

– upbringing of a minor child (children) independently.

In addition, women and men who have a minor child (children) and a husband (wife) serving in the military are entitled to deferment from mobilization and conscription.

It should be reminded that on March 15, the Verkhovna Rada passed the Law No. 7140-1, which also exempted certain categories of citizens from military service (conscription, during special periods and mobilization), namely:

– persons with disabilities;

– persons upbringing a minor child with a disability;

– persons upbringing a severely ill child, in particular, a cancer patient with severe mental disorders, type I diabetes mellitus, as confirmed by a certificate of the medical advisory commission;

– persons taking care of an ill wife (husband), child, as well as their parents or parents of their wife (husband), as confirmed by the conclusion of the medical and social expert commission (MSEC) or the medical advisory commission (MAC);

– persons who have a wife/husband with disabilities or one of their parents or parents of a wife/husband with disabilities of the first or second group;

– persons taking care of an incapacitated/partially incapacitated person;

– persons engaged in permanent care for a person with a disability of the first group, for a person with a disability of the second group or for a person who, according to the conclusion of the medical commission, requires constant care;

– persons engaged in constant care of people who have no other caretakers.

In addition, the law on the exemption from the obligation of mobilization applies to persons with three or more children under the age of 18, persons raising a child (children) under the age of 18 on their own, and adoptive parents, guardians, caretakers, foster parents who support orphans or minor children deprived of parental care.

Relevant amendments have been introduced to the Laws of Ukraine “On Military Duty and Military Service” and “On Mobilization Training and Mobilization”.

It should be noted that prior to the adoption of the above-mentioned laws, only the following categories were entitled to discharge from military service in connection with general mobilization:

– persons who have reached the age limit for military service (60 years, for senior officers – 64 years);

– persons unfit for military service with their exclusion from military registration;

– persons in respect of whom a court conviction has entered into force and who has been sentenced to imprisonment, restriction of liberty or deprivation of a military rank.