Article 65 of the Constitution of Ukraine provides that the defence of the Motherland, independence and territorial integrity of Ukraine, and respect for its state symbols are the duty of Ukrainian citizens. Citizens shall perform military service in accordance with law.
Every citizen has a duty to his or her country. Thus, in accordance with the Constitution of Ukraine and the Law of Ukraine “Про військовий обов’язок і військову службу”, every citizen has a duty to defend his or her Motherland, its independence and territorial integrity. Military duty includes:
- preparation of citizens for military service;
- registration to conscription stations;
- voluntary acceptance (under contract) and conscription for military service;
- military service;
- fulfillment of military duty in reserve;
- military reserve;
- military registration.
Military registration is kept in order to determine the available human mobilisation resources and their accumulation to ensure full and high-quality manning of the Armed Forces of Ukraine, other military formations established in accordance with the laws of Ukraine and special purpose law enforcement agencies with personnel in peacetime and in a special period.
Military registration is subject to:
- conscripts aged from 16 (in the year of reaching the age of 17) to 27 years;
- persons liable for military service and reservists who have not reached the maximum age of being in the reserve;
- women who have a medical or pharmaceutical specialty;
- women who have a specialty and/or profession related to the relevant military accounting specialty, the list of which is approved by the Ministry of Defense of Ukraine.
Conscripts, persons liable for military service and reservists must comply with the Rules of Military Registration of Conscripts and Persons Liable for Military Service, in particular, be registered with the military:
– at the declared (registered) place of residence;
– at the place of work (study);
– in case of leaving Ukraine for a period of more than three months – at the place of consular registration in foreign diplomatic missions of Ukraine.
The procedure for temporary consular record is set out in the Resolution of the Cabinet of Ministers of 29 January 2020 No. 85. The relevant application is contained in Annex 4 to the said resolution. It can be submitted:
- in person;
- by post;
- by email.
The application must be accompanied by a package of documents, the list of which is contained in paragraph 12 of the above resolution.
Temporary consular registration can be kept in only one state and for a period of 1 year. This period can be extended for the period of validity of the foreign state’s residence permit, but not more than 5 years.
Persons who are already in the consular registration do not need to take any additional actions.
Foreign diplomatic missions of Ukraine inform citizens who are on temporary consular registrations and have reached the age of conscription and who do not have a deferment or are not exempt from conscription for regular military service about the start of the next call-up of Ukrainian citizens for regular military service.
Also diplomatic missions:
- facilitate the return of persons liable for military service and reservists to Ukraine in the event of mobilisation and in wartime (during a special period);
- inform the relevant district (city) territorial recruitment and social support centres, the SSU, and the units of the Foreign Intelligence Agency at the place of their military registration within seven days from the date of registration or removal from the consular register of conscripts, persons liable for military service and reservists;
- keep military records of conscripts, persons liable for military service and reservists who are on temporary consular registration, according to the list. The list is kept at a foreign diplomatic mission of Ukraine for five years).
Conscripts, persons liable for military service and reservists are obliged to personally notify the relevant authorities where they are registered for military service of such changes within seven days in case of changes in their place of residence or other personal data.
Liability for offences related to military registration
The current legislation of Ukraine establishes administrative and criminal liability for offences related to military registration.
Administrative liability
Violation of the rules of military registration during a special period by conscripts, persons liable for military service, and reservists is punishable by a fine of fifty to one hundred tax-free minimum incomes (Article 210 of the Code of Ukraine on Administrative Offences).
Criminal liability
Evasion of a conscript, reservist from military registration after a warning made by the respective head of the territorial centre of recruitment and social support, heads of respective bodies of the Security Service of Ukraine, respective units of the Foreign Intelligence Service of Ukraine shall be punishable by a fine of three hundred to five hundred tax-free minimum incomes or correctional labour for a term of up to one year.
