The topic of mobilization of military conscripts under the age of 25 has been one of the hottest topics in the information space of Ukraine for several weeks. The Verkhovna Rada has adopted a bill that regulates military service during mobilization by young people under the age of 25. This is intended to resolve a number of problems that have arisen as a result of legal conflict and uncertainty. However, will the adopted changes really be able to resolve all issues? Let's analyze it in more detail.

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The problem of mobilization of persons under the age of 25: how did it arise?

Today, in Ukraine, the draft age is set at 25 years, and many believe that men cannot be drafted for military service before this age. But in reality, this statement is not entirely true. There are several categories of persons under 25 who can be mobilized, even if they have not yet reached the draft age. These include:

Those who have completed military service. If a person has already completed military service, he is considered ready for mobilization if necessary.

Graduates of military educational institutions or military departments. Persons who have received military training and have a military specialty are also subject to mobilization.
Persons recognized as unfit for service in peacetime, but limitedly fit in wartime. This category raises the most questions and disputes, since their mobilization has become a source of serious legal conflict.

The last category of persons is particularly problematic. Many young men who were considered to be of limited fitness due to health problems tried to avoid mobilization, hoping that their condition would allow them not to participate in military operations. However, such persons, according to the law, can be mobilized during martial law, since age restrictions do not apply to them.

Conflict in legislation and its consequences

The situation with the mobilization of persons under the age of 25 created a number of problems, since many such young people who had the status of limited fitness were drafted. This was due to the fact that employees of the territorial recruitment and social support centers (TCK and SP) actively drafted persons under the age of 25, conducting a military medical commission (VLK) for them, which recognized them as fit for service. Thus, thousands of such persons were drafted.

This caused a lot of controversy, since young men who had not previously been drafted due to health problems ended up in the armed forces. At the same time, those who did not have such problems and did not undergo military training remained outside the mobilization. This conflict existed for more than two years until legislators paid attention to it.

First steps towards solving the problem

To solve this situation, a directive of the Land Forces of Ukraine, which includes the CCC and the SP, was adopted. This directive prohibited the conscription of persons under 25 years of age who were recognized as limitedly fit. The adoption of this directive was reported by people's deputies, in particular Oleksiy Honcharenko. However, the text of the directive was not made public, and until the legislation is changed, such a decision did not have full legal force.

The directive, although a step forward, could not completely solve the problem. This meant that it was necessary to amend the laws to avoid situations where employees of the CCC and SP continued to conscript persons under 25 years of age, ignoring the new rules.

Bill 11379-D: what does it change?

To finally resolve the issue, a bill No. 11379-D was submitted to the Verkhovna Rada, which amends the Law of Ukraine “On Mobilization Training and Mobilization”. The main purpose of this bill is to protect persons under the age of 25 who have been recognized as limitedly fit from being drafted during mobilization.

The text of the bill provides that during the martial law period, persons liable for military service who have been recognized as limitedly fit by March 21, 2024, are not subject to being drafted until they reach the age of 25. However, such persons may be mobilized only with their consent.

This bill has already been voted on in the Verkhovna Rada and is awaiting signature by the President of Ukraine. If it is signed, it will be an important step towards correcting the legal conflict that has existed for more than two years.

The problem of demobilization and the prospects for change

In addition to the issue of mobilization of persons under 25 years of age, the issue of demobilization of those who were already called up during the operation of this legal conflict remains open. The first versions of the law provided for the demobilization of such persons, but this item was removed from the final version of the document.

The deputies promised to prepare a separate bill that would provide for specific mechanisms and terms for the demobilization of persons who were called up during the legal conflict

y. However, no specific changes have been made in this direction to date.

Deputy Chairman of the Committee on National Security, Defense and Intelligence Yegor Chernev emphasized that the demobilization of these individuals is currently impossible, since there is no one to replace them. The Ministry of Defense and the General Staff have recognized that the pace of mobilization does not allow for the release of these servicemen, so the problem of demobilization remains unresolved.

Further prospects

The adoption of draft law 11379-D was an important step in resolving the issue of mobilization of limitedly fit individuals under the age of 25. However, the situation remains difficult, since the issue of demobilization of individuals called up earlier remains open.

In addition, there is a risk that lowering the mobilization age, which our European partners insist on introducing, may cancel all the positive changes achieved by this draft law.

Olson Law Firm recommends seeking mobilization consultations if you have questions or doubts about your legal status. We will help you understand all the intricacies of military law and provide legal support at all stages of interaction with government agencies.