On 04 November 2022, the Ukrainian Parliament adopted the Law of Ukraine "On Amendments to the Law of Ukraine "On Mobilization Training and Mobilization" regarding the reservation of conscripts for the period of mobilization and martial law (the "Law"). Asters' experts contributed to the development of the Law.
The Law aims at improving the system of reservation of the conscripts for the period of mobilization. The Law is currently awaiting a signature by the President of Ukraine, and the final text has not been published yet. However, below we outline the main directions of the proposed changes:
1. The Law suggests expanding the list of conscripts eligible for the reservation, adding the possibility of reservation of persons (i) who work at objects of critical infrastructure of the functioning of the economy, and (ii) who are involved in the production of goods, the performance of works and the provision of defence services to meet the needs of the Armed Forces of Ukraine.
Therefore, legal entities that do not perform mobilization tasks, but meet the specified new criteria, may be able to get a chance to reserve their specialists.
2. The Law delegates the Ukrainian government to develop a new procedure for the reservations, as well as the right to determine the criteria and procedure for determining companies that are critically important for the functioning of the economy and ensuring the life of the population during a special period.
3. The procedure and organization of the reservation, lists of job positions and professions of conscripts, which are subject to reservation for the period of mobilization, and martial law, will be determined not only by the Law but also by acts of the President of Ukraine and the Ukrainian government.
More detailed information on the current changes to the reservation rules is expected after the publication of the final text of the Law.
For further information, please contact Asters' Counsels Inesa Letych and Anton Sintsov, Head of ADR practice Yuna Potomkina.