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On 29 July 2022, the Ukrainian Parliament adopted several draft laws to extend the list of individuals who are entitled to be exempt from the mobilization and to relevant postponement. In particular, the right to be exempt was granted to the following categories:
- individuals whose close relatives died or went missing while fighting for national security and defence during martial law
- scientific, scientific-pedagogical, and pedagogical employees, provided that they work in scientific institutions and organizations, institutions of higher, professional pre-university, professional (vocational-technical), or general secondary education on a basis of a primary job for at least 75% of working time.
Such draft laws have not yet come into force, as they await signing by the President and official publishment.
CROSSING THE BORDER BY RESERVED INDIVIDUALS
The State Border Service of Ukraine posted detailed explanations on crossing the border by the reserved man in the case of business trips or vacations.
In particular, in addition to the documents required by law for crossing the border on general grounds (e.g., travel passport), the following documents are also required:
- documents confirming a business trip or vacation (extract from an order on vacation, in which an employer allows crossing the border)
- certificate on postponement from conscription and notification on enrolment in the special military register, or
- extract from the order of the Ministry of Economy of Ukraine.
The Head of the Department of the Staff of the Ground Forces Command of the Armed Forces of Ukraine gave video explanations regarding certain aspects of serving summons notices, namely:
- Serving summons notices does not mean automatic mobilization to the Armed Forces of Ukraine
The explanations refute the widespread opinion that the summons notices are used as means of punishment for citizens. The summons notices are handed to clarify military registration data, health conditions and, if necessary and in case of compliance with relevant criteria, to mobilize.
- The summons notices can be handed over in any place not prohibited by law
The heads of the respective TCRs are authorized to manage military records, clarify the data and the number of conscripts. Such powers can be exercised in any place unless expressly prohibited by law.
- The summons notices may be signed by other officials, than the head of the TCR
In accordance with the approved template of summons notices, they may be signed not only by the head of the TCR but also by the heads of local governments, housing and exploitation organizations and other entities. Moreover, the head of the TCR is entitled to issue an order obliging the officials of the above-mentioned authorities to notify conscripts about appearing before the relevant TCR.
For further information, please contact Asters' Counsels Inesa Letych and Anton Sintsov, Head of ADR practice Yuna Potomkina.
