Deferral of mobilization for civilians who were in captivity
The Olson Law Firm informs about important changes in the legislation of Ukraine regarding mobilization. From now on, civilians who were deprived of their liberty as a result of the armed aggression of the Russian Federation against Ukraine have the right to a deferral of mobilization.

Legislative changes
In accordance with Clause 6 of Part 3 of Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization", persons who, in accordance with the procedure established by law, have a confirmed fact of deprivation of personal liberty as a result of armed aggression are not subject to conscription for military service during mobilization during a special period. However, such persons may be conscripted at their own request.

On February 28, 2025, the Cabinet of Ministers of Ukraine adopted a resolution "On Amendments to Appendix 5 to the Procedure for Conscripting Citizens for Military Service During Mobilization, for a Special Period". This regulatory act normalized the provisions of the Law of Ukraine "On Mobilization Training and Mobilization" in accordance with the amendments of November 20, 2024.

How to obtain a deferral?
To obtain a deferral, a civilian who was captured must submit an extract from the Unified Register of Persons in respect of whom the fact of deprivation of personal liberty as a result of armed aggression against Ukraine has been established.

Why are these changes critically important?

Changes in the legislation are of significant importance, since previously civilians who were subjected to inhumane treatment in captivity did not have legal protection from mobilization. Currently, their right to a deferral is legally enshrined.

Case law
A striking example of the lack of proper protection in the past is a case considered in the Kirovohrad region. In August 2024, the man received a summons, but refused to be mobilized, arguing that:

he is an internally displaced person from the Kherson region;
he supports a civil wife and her child;
he was held captive during the occupation, was subjected to physical abuse, starvation and psychological pressure;
he suffered serious psychological trauma.
Due to the lack of legislative regulation at that time, the court found the man guilty of committing a criminal offense under Article 336 of the Criminal Code of Ukraine and sentenced him to three years in prison. At the same time, he was released from serving his sentence under Article 75 of the Criminal Code of Ukraine.

The scale of the problem
According to unofficial data, the Russian Federation is holding about 28 thousand civilian citizens of Ukraine captive. In February 2024, the Verkhovna Rada Commissioner for Human Rights Dmytro Lubinets confirmed that 1,687 civilians were officially recognized as having been held in captivity. Among them, 857 people were confirmed by the International Committee of the Red Cross.

Conclusions

The right to deferment from mobilization for former prisoners is an important step towards protecting civil rights. At the same time, in order to exercise this right, it is necessary to have documentary confirmation of the relevant status. Olson Law Firm is ready to provide professional assistance in preparing and submitting the necessary documents.

If you need advice from a military lawyer regarding mobilization and obtaining a deferment, contact our specialists for professional support of your case.