Military Personnel with New Contracts Will not Be Able to Change Service Conditions and Deferments: A Bill Was Submitted to the Parliament

After the "Judicial-Legal Newspaper" highlighted the legal uncertainty surrounding the duration of the experimental project and guarantees for service personnel, a bill was registered in the Verkhovna Rada to address this gap.

Bill No. 15385 proposes amendments to certain legislative acts of Ukraine concerning the implementation of experimental projects during martial law. These amendments aim to introduce additional motivational factors for specific categories of service personnel and to establish the characteristics of contract military service.

The implementation of experimental projects in military service during martial law necessitates a clear legislative framework.

The bill's author notes that while some government decisions already regulate pertinent issues, the legislation does not explicitly provide for the possibility of implementing such experimental projects. Therefore, the document seeks to align the relevant legal regulation with the Constitution of Ukraine and existing laws.

Proposed Legal Amendments

The bill proposes amendments to two Ukrainian laws: "On Military Duty and Military Service" and "On Mobilisation Preparation and Mobilisation."

Primarily, it aims to legally enshrine the possibility of implementing experimental projects concerning contract military service during martial law. Concurrently, it establishes guarantees for the immutability of basic contract conditions, features for determining service terms, the possibility of concluding subsequent contracts, and the procedure for their termination after the cessation or cancellation of martial law.

Additionally, it proposes to define the powers of the Cabinet of Ministers of Ukraine regarding the implementation of such experimental projects and to provide special rules on deferment from repeated conscription for certain categories of service personnel after discharge.

Guarantee of Contract Condition Immutability

The draft law stipulates that the basic conditions of a concluded contract cannot be unilaterally altered or worsened due to the adoption of new regulatory legal acts during its validity.

The "Judicial-Legal Newspaper" has repeatedly stressed that parliament should amend the Laws of Ukraine "On Mobilisation Preparation and Mobilisation" and "On Military Duty and Military Service," legally codifying the grounds for deferment from conscription and discharge from military service as provided by Cabinet of Ministers of Ukraine Resolution No. 768, which introduced the experimental project.

Who Can Serve in Experimental Projects

The bill provides that during martial law, the following may be accepted for contract military service in the Armed Forces of Ukraine and other military formations, within the framework of implementing experimental projects:

– citizens of Ukraine;

– servicemen of the Armed Forces of Ukraine and other military formations serving under contract;

– servicemen serving by conscription of officer personnel;

– servicemen serving by conscription during mobilization for a special period;

– servicemen serving by conscription from among reservists during a special period;

– foreigners and stateless persons (except for service in the State Special Transport Service, State Border Guard Service, Security Service of Ukraine, Foreign Intelligence Service, and State Special Communications Service).

Powers of the Cabinet of Ministers

The draft law stipulates that the Cabinet of Ministers of Ukraine will determine the procedure for military service, including the specifics of attracting individuals, contract conclusion, service terms, financial support, and the creation of appropriate conditions within the framework of experimental projects.

Furthermore, the bill proposes that during martial law, the Cabinet of Ministers of Ukraine, acting on proposals from ministries and agencies, may implement experimental projects. These could include introducing additional motivational factors for specific categories of servicemen in the Armed Forces of Ukraine and other military formations, as well as establishing particular conditions for contract military service for citizens of Ukraine, foreigners, and stateless persons.

Determination of Contract Service Terms

The bill proposes that during martial law, for individuals accepted for contract military service under part six with mark 1 of article 20 of the Law, the term of military service will be established according to the procedure and conditions defined by the Cabinet of Ministers of Ukraine.

It is also provided that upon the expiration of the military service term defined by a contract concluded within an experimental project, servicemen may enter into a subsequent contract either in accordance with the Law or according to the procedure defined by the Cabinet of Ministers of Ukraine.

It is separately stipulated that in the event of the termination or cancellation of martial law, the validity of such contracts will cease prematurely, and servicemen will be discharged from military service in accordance with part five of article 26 of the Law of Ukraine "On Military Duty and Military Service."

Deferment from Repeated Conscription After Discharge

The draft law proposes to supplement the Law of Ukraine "On Mobilisation Preparation and Mobilisation" with a new provision. This states that persons liable for military service and reservists who, during martial law, were accepted for military service under contract within the framework of experimental projects defined by the Cabinet of Ministers of Ukraine and discharged on grounds defined by subparagraph "a" of paragraph 2, subparagraph "zh" of paragraph 3 of part five of article 26 of the Law of Ukraine "On Military Duty and Military Service," are not subject to conscription during mobilisation from the day of discharge for the period established by the procedure defined by the Cabinet of Ministers of Ukraine.

During this period, such individuals may be conscripted for military service with their consent.

Thus, bill No. 15385 aims to legislatively regulate the implementation of experimental projects in the field of military service during martial law and define the legal principles of their application.

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