Business calls for revision of draft law on mobilisation
8 February 10:44
The Ukrainian Business Council, which includes a number of specialised associations, has issued an appeal to the President, Prime Minister and MPs calling for the revision of the new draft law on mobilisation, according to the
In the appeal, the URB emphasises numerous shortcomings of the document and proposes to correct them.
Electronic cabinet of persons liable for military service
The URB considers the provision on receiving calls for service in the electronic office of a person liable for military service “counterproductive and harmful”:
“Sending any information to the electronic office of a person liable for military service cannot be considered as a fact of receipt of such information by a person.”
Reservations
The ULRB calls for the possibility of booking an employee during the day and electronically. Entrepreneurs also propose to book employees not for a certain period of time (currently, usually six months or until the expiration of the current martial law decree), but for the entire period during which the company is recognised as critical.
We consider it necessary to provide for the possibility of 100% reservation of employees for companies that supply goods/products/services to the Armed Forces of Ukraine.
It is also proposed to reserve employees of non-governmental organisations implementing humanitarian projects funded by international partners that are identified as critical.
In addition, a deferral from mobilisation is proposed for sappers and deminers for the period of their training.
Seizure of vehicles
The new draft law tightens the rules on the possibility of seizing vehicles from businesses. In particular, businesses are virtually deprived of the right to fully dispose of the equipment that will be registered with the transfer pricing company. It cannot be leased or sold, taken out of the region, or “take other actions that make it impossible to transfer such vehicles to military formations.”
A balanced approach is required to prevent the shutdown of an enterprise due to the following reasons: lack of vehicles for carrying out activities or in cases of using vehicles with complex technological equipment for specialised purposes, which ensures the main activity of the enterprise and its main specialisation.
Restrictions for Ukrainians abroad
The draft law introduces restrictions for Ukrainians abroad in obtaining consular services in the absence of military registration documents.
This provision violates the principle of equality of rights and freedoms of all Ukrainian citizens, including in terms of receiving guaranteed state services, which cannot be restricted for any citizen, regardless of their place of residence, and even for those held to any administrative or criminal liability.
Blocking of accounts, deprivation of driving licences
The rules on blocking bank accounts are unconstitutional and counterproductive, and such restrictions will have a negative impact on the country’s economy, as it will significantly reduce the turnover of non-cash transactions, lead to an outflow of deposits, reduce the liquidity and stability of the banking system and lead to the cashing out of the economy. In addition, such restrictions are unconstitutional, incompatible and incomparable with offences in the field of military duty.
No deferment for contractual postgraduate students
This provision, according to businessmen, violates the principle of the integrity of higher education in Ukraine, as well as the constitutional guarantee of equality of all forms of ownership.
Carrying military registration documents
Such norms violate the rights of individuals and do not have any controlling element, but create additional corruption risks when the forms are “held on to” to create artificially high demand. We propose to eliminate discrimination and, through the introduction of an electronic register of persons liable for military service, to continue to determine whether a person is sufficiently identified by documents.
Business proposals
- Along with the “mobilisation” law, it is imperative to adopt draft law No. 9585, which creates conditions for attracting foreigners to the Armed Forces.
- Provide for the possibility of mobilisation for all citizens who want to do so but cannot due to legal restrictions.
- Provide for mobilisation for citizens who retired at the age of 40-45, provided they are physically able.
- Introduce e-booking for a few days. Link urgent specialist bookings to the period for which the enterprise is recognised as critical. Provide for the booking of managers at non-critical enterprises, as they, in turn, are critical to these enterprises.
- Provide in the legislation the possibility of a deferral from mobilisation for sappers and deminers for the period of training and work on humanitarian demining.
- Expand the staff of the Military Law Enforcement Service; create a public council consisting of lawyers and public figures.
- To create a mobilisation resource at the expense of people who do not have or have lost their passports.
- Enshrine the immutability of the military registration speciality, which will allow those liable for military service to have confidence in their service.
- To regulate other issues, including clear deadlines for deferrals for each of the items, the military’s electronic cabinet, the disabled, etc.
New draft law
Yesterday, 7 February, the Verkhovna Rada of Ukraine adopted a new draft law on mobilisation as a basis. It proposes, among other things, to introduce summonses through the conscript’s electronic cabinet. Other innovations include lowering the conscription age to 25 years, setting a demobilisation period of 36 months, introducing voluntary mobilisation for convicts, restrictions on evaders, banning civil service without military training, etc. Read more about the new document in our article: Government submits new draft law on mobilisation: main provisions.