Will relatives of missing persons be entitled to a postponement of conscription? The General Staff and the Cabinet of Ministers answered
9 December 2024 15:51
Contradictions in Ukrainian legislation regarding the right to deferment of conscription for close relatives of persons missing under special circumstances have raised concerns among human rights defenders and the public. Although the legislation grants these citizens the right to deferment, the Cabinet of Ministers of Ukraine Resolution No. 560 of May 16, 2024, imposes an additional requirement for a binding court decision, which complicates the exercise of this right. This discrepancy creates legal confusion that needs to be addressed immediately.
In response to the request
“The draft act provides for amendments to some resolutions of the Cabinet of Ministers on military registration and conscription during mobilization. The draft is currently under consideration,” said Serhiy Ivanyuk, head of the mobilization department of the General Staff.
The Cabinet of Ministers confirmed that the draft resolution is under consideration. The government plans to resolve the situation, but the exact timing of the document’s adoption has not yet been announced.
What is known now
At the same time, the Verkhovna Rada took an important step by supporting draft law No. 12104, which clarifies the grounds for granting a deferral from mobilization for men and women liable for military service whose close relatives were killed or went missing during hostilities. The innovations apply to husbands, wives, parents, children, as well as full or half brothers and sisters.
The purpose of the draft law is to eliminate legal uncertainty regarding the granting of a deferral for relatives of those killed or missing during Russia’s armed aggression against Ukraine. The document provides for amendments to Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization”.
The new version clearly states that women and men whose close relatives were killed or went missing under special circumstances (as a result of hostilities) are not subject to conscription.
The definition of the status of “missing persons” has been expanded. The draft law also details the procedures for recognizing a person as missing:
- The status of “missing under special circumstances” is granted after the person’s data is entered into the Unified Register of Missing Persons.
- A person is considered missing until the search is completed or the person is declared missing or dead by a court.
- According to the Civil Code of Ukraine, the court may declare a person missing if there is no information about his or her whereabouts for a year.
Documents for obtaining a deferment
In order to obtain a deferment, persons liable for military service must submit documents to the military commissariat confirming family ties and the circumstances of the death or disappearance of a loved one:
- Identification card of a family member of a deceased defender or defenderess, or a war veteran.
- A court decision declaring a person missing under special circumstances.
- Documents confirming the fact of death during hostilities.
This law is aimed at ensuring social justice and supporting families who have lost loved ones as a result of the war.
However, the problem of legal uncertainty regarding the granting of a deferral from mobilization for close relatives of persons who went missing under special circumstances remains relevant. The discrepancy between the requirements of the Law of Ukraine “On the Legal Status of Persons Missing in Special Circumstances” and the Cabinet of Ministers’ Resolution No. 560 creates additional obstacles for persons liable for military service who are trying to exercise their right to a deferment. Kommersant Ukrainsky’s inquiries to the General Staff of the Armed Forces and the Cabinet of Ministers of Ukraine showed that work on solving this problem is ongoing.
