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punishment of evaders, repeated VLK and updating of data for men abroad — TSN Exclusive

The Verkhovna Rada is to consider the bill on mobilization this week.

The Verkhovna Rada of Ukraine supported it on February 7, 2024 in the first reading, government bill No. 10449 on strengthening mobilization. After the vote, 4,294 amendments were submitted to the document, which the Committee on National Security and Defense has been considering since the end of February. The committee approved the final text of the draft law before the second reading.

And already this week, on April 10-11, the parliament should consider the bill on mobilization in the second reading.

TSN.ua collected everything that is currently known about the norms that were supported by the committee in the mobilization bill.

What will be in the law on mobilization

  • persons with disabilities and those released from captivity have the right to demobilization;
  • limited fit conscripts must pass repeated VLC within 12 months;
  • conscripts, who have been diagnosed with II or III group of disability after February 24, 2022 (except military personnel), are subject to a repeated medical examination to determine fitness for service;
  • for men aged 18 to 60 without military registration documents will limit the provision of consular services;
  • at the request of the TCC, men who do not update their military registration data and evade mobilization will be able to restrict the right to drive vehicles.

▶ On the TSN YouTube channel, you can watch the video at this link: Scandalous mobilization: draconian fines and new surprises for evaders!

How dodgers will be restricted in the right to drive a car

The draft law states that if a citizen of Ukraine does not comply with the requirements of the TCC and SP regarding the fulfillment of duty (obligations) by conscripts, reservists within the time limits established by the law “On Mobilization Training and Mobilization”, then the TCC and SP apply to the court with a statement of claim.

It refers to the application by the court of a temporary restriction for such a person in the right to drive a vehicle during mobilization:

  • The Military Committee files a lawsuit in court within 30 days from the day of the occurrence of the grounds that give the TCC and the JV the right to file claims, in accordance with the law “On Mobilization Training and Mobilization”.

The court considers the claim in written proceedings within 30 days from the day of the opening of the proceedings in the case, and at the initiative of the court or at the request of the party – with the holding of a court session. Non-arrival at the court session of persons who have been duly notified of the date, time and place of the hearing of the case shall not prevent its hearing.

However, the court may refuse to accept the claim if the TCC and the JV do not prove that:

  • the citizen has not fulfilled the obligations stipulated by the law;
  • a person could not be brought to the TCC and SP without this measure.

Judges’ decisions on this claim are subject to immediate execution. You have 15 days to appeal.

People’s deputy Oleksiy Goncharenko said that in the new version of the law there is no provision for demobilization after 36 months of service, even by decision of the Staff. Also, the rule on the rotation of military personnel was not included in the draft law.

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Commander-in-Chief of the Armed Forces Oleksandr Syrian sent a letter to the head of the Ministry of Defense Rustem Umerov with a corresponding request. Now the Government must submit a separate bill on the demobilization and rotation of military personnel to the Verkhovna Rada.

Parliamentary Committee on National Security, Defense and Intelligence removed from the draft law on mobilization the provision on financial incentives for those who are already fighting at the frontPeople’s Deputy Yaroslav Zhelezniak noted.

Motivational norms of the draft law

  • the opportunity to independently choose a unit for conscripts who will sign a contract with the Ministry of Defense;
  • additional leave and reward for the destruction or capture of the enemy’s weapons or equipment, the amount will be determined at the level of the law and governmental by-laws;
  • the time spent on child care leave is counted towards the term of service in a military rank;
  • annual basic leave is granted in parts during the calendar year and the main continuous part will be at least 15 calendar days;
  • the right to one-time compensation of 50% of the first mortgage loan payment and an additional UAH 100,000 after the first year of military service and another UAH 100,000 after the second;
  • servicemen, their wives/husbands will not be charged interest for using a loan, fines, penalties for non-fulfillment of obligations to banks and other organizations, except for car and real estate loans;
  • the right within three months from the date of conclusion of the first contract to receive a certificate for the purchase of a vehicle in the amount of 150,000 hryvnias;
  • inclusion of one month of service for three months for being directly in combat areas during martial law as years of service;
  • in case of need for long-term treatment abroad, it will be possible to pass the military medical board remotely, and the corresponding certificate of the Military Medical Center will be the basis for maintaining monetary and material support;
  • additional leave of 90 calendar days without division into parts, at will, after release from captivity with preservation of financial support;
  • the amount of one-time monetary assistance in the event of the death of a serviceman is set at the level of 15 million.

Duties of conscripted citizens

  • pass a medical examination during mobilization;
  • to clarify your data in the Central Administrative Office/TCC SP/electronic office of the conscript. They cannot mobilize in TsNAP, they can only clarify the data;
  • always have a military registration document (VOD) with you during martial law.

▶ On the TSN YouTube channel, you can watch the video at this link: The People’s Deputies “destroyed” the GOVERNMENT draft law on fines and imprisonment of evaders!

Update of data in TCC for men abroad

Fedir Venislavskyi, People’s Deputy and member of the Verkhovna Rada’s Committee on National Security, said that, in particular, men are encouraged to update data in the TCC remotely if they are abroad.

According to him, Ukrainians living abroad will be able to update their data in several ways:

  • to an e-mail address;
  • a phone call;
  • in the electronic cabinet.

Nardepka Iryna Friz on Radio Svoboda toldthat the registration of consular services by conscripts abroad in the presence of military registration documents, as provided for in the draft law on mobilization, is necessary to understand the number of citizens of Ukraine abroad.

“The provision of consular services will take place within 60 days from the entry into force of this law with the simultaneous updating of data. That is, a man of conscription age can come to receive consular service during these 60 days and can update his data. Specify the place of residence, contact data for that , so that the Ministry of Defense and the General Staff have a clear understanding of how many citizens are abroad,” Frize explained.

The deputy stressed that there is no question of deportation of Ukrainians from abroad.

“Currently, according to the current legislation, both Ukrainian and international, there is no mechanism for deporting people from other countries during martial law. No deportation will take place. This is only required for military records for the Ministry of Defense,” added Iryna Friz.

Who is entitled to deferment?

  • reserved;
  • recognized as persons with disabilities or, according to the conclusion of the VLK, temporarily unfit for military service due to their health for a period of 6-12 months;
  • women and men who have three or more dependent children under the age of 18, except for those who have alimony arrears;
  • to women and men who have a child (children) under the age of 18, if the second parent of such child (children) is dead, deprived of parental rights, recognized as missing or unaccountably absent, declared dead, serving a sentence in places of deprivation of liberty, as well as when the person independently raises and supports the child according to a court decision or the record of the father of such a child was made on the basis of the first part of Article 135 of the Family Code of Ukraine;
  • women and men, guardians, custodians, adoptive parents, foster parents who are raising a child with a disability under the age of 18;
  • to women and men, guardians, custodians, adoptive parents, foster parents who are raising a child with a serious illness;
  • women and men who are dependent on an adult child who is a person with a disability of group I or II;
  • guardians of a person recognized by the court as incompetent;
  • who have a spouse (husband) from among persons with disabilities of the I or II group;
  • who have a wife (husband) from among persons with a disability of the III group, established as a result of an oncological disease, the absence of limbs (limbs), hands (hands), feet (feet), one of the paired organs, or if a person with disability of the III group of oncological disease, mental disorder, cerebral palsy or other paralytic syndromes;
  • who have one of their parents with a disability of the I or II group, or one of the parents of the wife (husband) from among persons with a disability of the I or II group, provided that there are no other persons who are not conscripted and, according to the law, are obliged to to maintain (except for cases where such persons are themselves persons with disabilities, require constant care, are under arrest (except house arrest), are serving a sentence in the form of restriction or deprivation of liberty). In the absence of non-military conscripts, only one person from among the military conscripts can care for a person with a disability of the I or II group at the choice of such a person with a disability;
  • to family members of the second degree of kinship of a person with a disability of I or II group, engaged in constant care for him (no more than one and provided that there are no members of the family of the first degree of kinship or if the members of the family of the first degree of kinship themselves need constant care according to the conclusion medical and social expert commission or medical and advisory commission of a health care institution). In the absence of family members of the first and second degree of kinship, the norm of this paragraph applies to family members of the third degree of kinship of a person with a disability of the I or II group;
  • women and men who have a child (children) under the age of 18 and a husband (wife) who is in military service.

Penalties for violations of mobilization and military registration

The Verkhovna Rada’s Committee on Law Enforcement recommended that the parliament adopt fines for violations of military accounting rules and legislation on mobilization in the amount of UAH 3,400 to UAH 59,500. It is about draft law No. 10379.

  • for violating the rules of military accounting – a fine from UAH 3,400 to UAH 5,100;
  • for a repeated violation or in a special period – fines from UAH 17,000 to UAH 22,500.

For violation of the legislation on defense and mobilization in peacetime:

  • fines from UAH 5,100 to UAH 8,500 for citizens;
  • fines from UAH 17,000 to UAH 34,000 for officials and legal entities.

For violation of the legislation on defense and mobilization in wartime:

  • fines from UAH 17,000 to UAH 22,500 for citizens;
  • fines from UAH 34,000 to UAH 59,500 for officials and legal entities.

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