Ukraine, rich in the history of wars and conflicts, takes care of mobilization training and mobilization of its citizens. To date, the legislation of Ukraine establishes rules regarding the reservation of conscripts in the event of the introduction of martial law. Let’s consider it in more detail.
Regulatory framework
The regulatory framework for the reservation of conscripts provides for the following legislative acts:
- Law of Ukraine “On mobilization training and mobilization”;
- Law of Ukraine “On Military Duty and Military Service”;
- The procedure for organizing and maintaining military records of conscripts, conscripts and reservists, approved by the Resolution of the Cabinet of Ministers of Ukraine dated December 30, 2022 No. 1487;
- The procedure for booking conscripts according to the list of conscripts during martial law, approved by Resolution No. 76 of the Cabinet of Ministers of Ukraine dated January 27, 2023;
- The procedure and criteria for determining enterprises, institutions and organizations that are critically important for the functioning of the economy and ensuring the livelihood of the population in a special period, approved by Resolution No. 76 of the Cabinet of Ministers of Ukraine dated January 27, 2023.
General Provisions
According to the Procedure for the reservation of conscripts, according to the list of conscripts, during martial law, the heads of enterprises, institutions and organizations are obliged to ensure the reservation of conscripts who work for them on a permanent basis, and also perform functions that are critically important for the functioning of the economy and ensuring the livelihood of the population in a special period.
Submission of lists of conscripts offered for reservation
For the reservation of conscripts, it is necessary to prepare a list consisting of the surnames, first names and patronymics of conscripts offered for reservation. The list must be compiled in the prescribed manner and submitted to the military commissariat at the conscript’s place of work. In addition, in order to make a reservation, you must provide copies of documents that confirm the employment of a conscript at a given enterprise, institution or organization.
Decision on reservation of conscripts
The decision on booking conscripts is made by the military commissariat at the conscript’s place of work. When making a decision on the reservation of a conscript, his professional and qualification characteristics, as well as the level of his military training, are taken into account.
Enterprises, institutions and organizations that are critically important
For the functioning of the economy and ensuring the livelihood of the population in a special period, information on the number of conscripts, which must be secured by reservations, must be provided. For this, heads of enterprises, institutions and organizations must submit a corresponding application to the military commissariat at the place of work. After receiving the application, the military commissariat issues an order to book conscripts who work at critical facilities.
Legal, economic, cultural features
When booking conscripts, it is necessary to take into account legal, economic and cultural features. For example, a soldier
obligees who work in medical institutions, pharmaceutical production, food industry and other facilities must ensure the uninterrupted functioning of these facilities. Therefore, when selecting candidates for booking, their professional and qualification characteristics are taken into account.
Four funny judicial examples from the lives of clients
Sometimes, in the process of booking conscripts, funny situations arise that are remembered by customers for a long time. One such example can be a situation when a conscript, who was supposed to be booked, fell ill with the flu and could not work at the company that applied for his reservation. In this case, the client turned to our company with a request to change the conscript, whom he planned to reserve, to another employee. After further investigation, we agreed to replace the conscript who was on leave with another employee who met all the necessary criteria.
Another funny situation was that during the booking of a conscript at a critical facility, it turned out that his last name and first name coincided with the name of one of the managers of the enterprise. After the error was corrected, we realized that it was possible due to the lack of complete information about the conscript in the list that was submitted to the military commissariat.
Another funny situation was that the conscript, who was supposed to be booked at the enterprise, turned out to be the brother of the manager of this enterprise. After this situation was discovered, we proved to the management of the company that a conscript should be provided with a reservation, regardless of his family ties.
And finally, one of the most interesting cases was a situation when a conscript, who was booked at a critically important facility, turned out to be a volunteer who had already participated in a volunteer battalion on the front line. This situation caused some disagreements, since a conscript, who was already on the front line, could not be simultaneously provided with a reservation at a critically important facility. After an additional study was conducted, we appealed to the military commissariat with a request to reconsider the decision to reserve the conscript on the front line and assign him to another position. As a result, the conscript was transferred to another position, and a critically important facility was secured by booking another conscript.
During the war in Ukraine: Reservation of conscripts
During the war in Ukraine, reservation of conscripts is a particularly important and topical topic. The war in Ukraine has resulted in many conscripts taking part in hostilities, so ensuring the booking of those who remain on their home soil has become an even more important task.
During the war, conscripts who work at critical facilities should be provided with reservations in the first place. Also, reservations should be given to conscripts who are the sole breadwinners of their families, as well as those who have incomplete education or unfulfilled professional obligations to the state.
Considering the fact that the war in Ukraine has been going on for several years, conscripts returning from the front line also need reservations at workplaces. This is especially important for those who have been injured or wounded in combat and have returned to civilian life.
During the war, the Order of reservation of conscripts on the list of conscripts during martial law, approved by Resolution No. 76 of the Cabinet of Ministers of Ukraine dated January 27, 2023, becomes even more relevant. It establishes rules and procedures for the reservation of conscripts during martial law, in particular, provides for the mandatory reservation of those who have extensive experience working at critical facilities or have special education.
In general, reservation of conscripts is an important element of mobilization training and ensuring national security. Applying the correct procedures and criteria when selecting candidates for reservation helps to ensure the effective operation of critical facilities, preserve the life and health of conscripts, and also support the normal development of the economy and the life of the population during the war.
Conclusion
If you have become a member of the military, or a loved one has become a member of the military, booking questions can be difficult and important. In order to secure your interests and protect your rights, it is recommended to contact the professional lawyers of Despacho Internacional “Intereses legítimos”.
We provide consulting services regarding the reservation of conscripts, and we can also help with the preparation of applications and other necessary documents. All services are provided remotely to save the client’s time, with full confidentiality.
Our lawyers have experience in mobilization training and mobilization, so they can provide qualified assistance in solving your problem. Make an appointment with Despacho Internacional “Intereses legítimos” in advance so that we can help you as quickly and efficiently as possible. Get a sense of security, confidence in the future, stability in your life and your family.
