Men on the wanted list to be allowed to book: what’s wrong with the new bill and why it is considered discriminatory
6 June 2025 14:49
The Verkhovna Rada has registered draft law No. 13335, which provides for the possibility of temporary reservation of men who do not have military registration documents or are not registered for military service to work at critical enterprises. The document was sent to the relevant parliamentary committee for consideration.
The draft law was initiated by a group of MPs led by the head of the Servant of the People faction, David Arakhamia. The authors also include Oleksandr Zavitnevych, chairman of the parliamentary committee on national security, Fedir Venislavsky, a member of the same committee, and other MPs.
Who can get a reservation
According to the Judicial and Legal Newspaper, the amendments concern Article 25 of the Law “On Mobilization Preparation and Mobilization.” It is proposed to add a new provision to it that will allow employees of enterprises that have the status of critical importance according to the decision of the Cabinet of Ministers to be booked. These are companies that are important for the economy in times of war or that belong to the defense industry.
The reservation will apply to employees liable for military service who:
- do not have or have an incorrectly issued military registration document,
- are not registered for military service,
- have not updated their personal data as provided for in the transitional provisions of Law No. 3633-IX,
- are wanted (except for cases falling under Articles 336 and 337 of the Criminal Code, i.e., evasion of mobilization).
Reservation – for a maximum of 45 days
This form of reservation will be temporary: it will be allowed only for a period of up to 45 calendar days from the date of signing the employment contract. In this case, you can use the opportunity no more than once a year.
If during this time the employee fails to regulate his or her military registration status, the employer will have the legal right to dismiss him or her.
In an exclusive commentary for "Komersant Ukrainian", lawyer Igor Feshchenko says that the document provides for the possibility of short-term reservations (up to 45 days) only for employees of critical enterprises, even if they
- do not have or have an improperly executed military registration document;
- are not registered for military service;
- have not updated their personal data as required by Law No. 3633-IX;
- are wanted by the TCC (except for cases related to criminal articles on tax evasion – 336 and 337 of the Criminal Code of Ukraine).
“If the law is passed, people with this status will be able to get a reservation within 45 calendar days from the date of the employment contract. But no more than once a year,” said Feshchenko.
According to the lawyer, this 45-day period is actually equivalent to a probationary period during employment.
“During this time, the employee must bring his military registration documents in line with the current legislation. If he fails to do so, the employer will have the right to initiate his dismissal,” the lawyer explained.
The key condition is the status of the company
The preferential reservation regime will apply exclusively to employees of enterprises, institutions and organizations that the Cabinet of Ministers recognizes as critical to the economy or the military-industrial complex under martial law.
Meanwhile, in a conversation with KU journalists, Yaroslav Kuts, a lawyer and chairman of A2KT, criticized the draft law that aims to allow booking of persons liable for military service who are wanted. He called this provision discriminatory and contrary to current legislation.
Yaroslav Kuts says that the booking procedure is clearly regulated by the Cabinet of Ministers’ Resolution No. 76 of 2023. This document defines who can be booked and who cannot.
“This resolution explicitly states that being on the wanted list under the summons of the Criminal Investigation Department is grounds for refusing to book. If you are wanted, you have no right to make a reservation,” the lawyer emphasized.
“Reservations are only for those who fulfill their military duty in good faith”
According to Kuts, the state should reserve only those who fulfill the requirements of military registration.
“Those who have submitted documents on time, passed the military registration and military examination, are registered and work at an enterprise recognized as critical have the right to be booked. This is a basic principle, and it is logical,” he notes.
Kuts also considers the initiative discriminatory, as it puts people who abide by the law and those who are wanted for various reasons in an unequal position.
“If the law is adopted, it will create a situation where some people could not book on time because they were wanted, and this was considered a violation. And others in a similar status will suddenly have an advantage. This directly contradicts the Constitution, which states that all citizens have equal rights,” he said.
According to Kuts, if such a law is adopted, there will be a risk of abuse.
“Will only ‘godfathers, brothers and matchmakers’ be booked? How will they determine who can be booked as a wanted person? This is not specified. And this is dangerous,” the lawyer warns.
Thus, lawyers say that if the law comes into force, Ukraine may face a wave of social tension among conscripts who have complied with the law. Preferences for wanted persons look like an attempt to legalize “workarounds” to armor, and that is why experts consider the document potentially discriminatory.
