When reservation does not stop mobilization after a summons: in which cases the system no longer applies

Under martial law, the state simultaneously ensures the country's defense capability and the uninterrupted functioning of critically important enterprises, government bodies, and institutions. That is why the legislation provides a mechanism for booking military reservists, but its application often raises the question of the moment when the right to deferment arises.

In practice, employers may decide to submit booking documents only after the employee has received a summons or even passed the military-medical commission.

Does this stop mobilization, can booking be a basis for deferment, and how courts approach such disputes — let's consider in more detail.

Legislative regulation

The legal foundations of booking are defined by the Law of Ukraine "On Mobilization Preparation and Mobilization," the Law of Ukraine "On Military Duty and Military Service," the Law of Ukraine "On the Organization of Labor Relations under Martial Law," as well as the Procedure for Booking Military Reservists, approved by the Cabinet of Ministers of Ukraine Resolution No. 76 dated January 27, 2023 (as amended).

In addition, the legal regulation of booking and mobilization covers a number of interconnected norms. For example, Article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization" defines the circle of persons entitled to deferment from conscription during mobilization, including reservists booked by government bodies, enterprises, institutions, and organizations.

At the same time, employment at a critically important enterprise by itself does not automatically mean the emergence of deferment. The law links it precisely to the fact of properly formalized booking.

Articles 24–25 of this Law define the purpose of booking — ensuring the functioning of state bodies and critically important enterprises during a special period, and also establish categories of reservists who may be booked.

Meanwhile, paragraph 4 of part one of Article 24 of the Law of Ukraine "On Military Duty and Military Service" provides that the start of military service for persons called up during mobilization is the day of their dispatch to the military unit.

In contrast, paragraph 2 of part four of Article 26 of this Law defines the grounds for release from military service during martial law, among which booking after conscription is not provided.

Does receiving a summons affect the possibility of booking

The current legislation does not explicitly contain a provision prohibiting booking after receiving a summons.

At the same time, it is necessary to distinguish several legal situations.

The first — the reservist received a summons for updating registration data or passing the military-medical commission. The mere fact of receiving such a summons does not yet mean that the person has lost the possibility to be booked.

The second — after completing the necessary procedures, the Territorial Conscription and Mobilization Commission (TCMC) has already made a decision on conscription during mobilization and issued the relevant documents for dispatch to the military unit.

It is at this stage that the most disputes may arise, since the legislation does not define the legal consequences of booking after the conscription decision and does not provide that such booking automatically cancels mobilization measures.

Judicial practice

The Supreme Court in case No. 260/1851/22 concluded that booking formalized after conscription for military service is not a basis for releasing a serviceman from service.

The court emphasized that after dispatch to the military unit, a person acquires the status of a serviceman, while booking concerns only reservists and grants the right to deferment from conscription, not release from already commenced military service. Therefore, the Ministry of Economy's order on booking issued after mobilization does not create legal grounds for terminating military service.

The Supreme Court noted that deferment from conscription during mobilization and release from military service are different legal institutions regulated by different legislative norms. Deferment applies to reservists before conscription, while release concerns persons who have already acquired the status of servicemen.

The court explained that booking according to Articles 23–25 of the Law of Ukraine "On Mobilization Preparation and Mobilization" concerns exclusively reservists in the reserve and is a basis for granting deferment from conscription. After conscription, a person acquires the status of a serviceman, and therefore the booking mechanism no longer applies to them.

Also indicative is the appellate court ruling in case No. 143/317/25, where a man received booking after receiving a summons. The court overturned the first instance decision, which had exempted the accused under Article 336 of the Criminal Code of Ukraine from criminal liability due to subsequent employment at a critically important enterprise and receiving booking.

The appellate court emphasized that temporary booking from mobilization does not change the essence of the act and does not indicate that the accused ceased to be socially dangerous. The court also stressed that evading mobilization during military aggression poses a serious threat to state security, as mobilization is critically important for organizing defense and protecting the country.

Problematic issues of law enforcement

The biggest practical problem remains the lack of clear legislative regulation regarding the exact moment until which booking can be formalized without negative consequences for the reservist.

Also, the following questions remain debatable:

— whether deferment arises from the moment of the booking decision or only after the relevant information is entered into the registers;

— whether the TRSSC should verify the current status of the reservist immediately before their dispatch to the military unit;

— whether the employer can demand cancellation of the employee's mobilization if booking was formalized after receiving the summons.

Practical conclusions

Booking after receiving a summons is not prohibited by law itself. However, it does not guarantee automatic termination of mobilization measures.

The key importance lies in specific dates: when the booking was formalized, when the TRSSC made the conscription decision, when the actual dispatch of the reservist to the military unit took place, and what legal status the person had at each of these stages.

Although the Supreme Court has not yet formed a separate legal conclusion regarding the consequences of booking after receiving a summons, existing judicial practice already demonstrates a rather categorical approach: courts mostly do not recognize such booking as a basis for canceling mobilization or exemption from liability.

At the same time, the issue of legal consequences of booking formalized after receiving a summons but before actual conscription remains debatable, and practice continues to develop.

Also read in the material of "Judicial and Legal Newspaper": Ukrainians can return from vacation to blocked accounts if they missed a summons from the Territorial Recruitment Centre.

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