Demobilization for Contract Soldiers, Remote Military Medical Commissions, and Financial Support for the Wounded Until Discharge: Proposed Changes in the Verkhovna Rada
Since the beginning of the full-scale aggression, the issue of continuous service over a long period has become one of the most sensitive for military personnel and their families. The lack of clear mechanisms for returning to civilian life is the main factor reducing motivation to serve.
Current legislation does not contain a comprehensive mechanism that would guarantee the real return of veterans to civilian life and protect them from immediate re-conscription. The draft law No. 15404 submitted to the Verkhovna Rada aims to create legal grounds for demobilization and strengthen social protection for those requiring long-term treatment.
New rules for servicemen's treatment: remote military medical commissions, continuous payments, and changes to leave
The draft law proposes updating the procedure for treatment and rehabilitation of servicemen, as well as guarantees for preserving their financial support.
In particular, servicemen undergoing treatment abroad who, due to their health condition, cannot personally attend the military medical commission will be able to undergo the commission remotely. The procedure for conducting such an examination will be determined by the Ministry of Defense.
Additionally, the document proposes to establish a guarantee of continuous payment of financial support. If treatment or rehabilitation lasts more than 12 months, the serviceman will continue to receive financial support until the day of discharge from service. Currently, after the 12-month period expires, there is a risk of termination of such payments.
The draft law also clarifies the procedure for calculating leave for treatment. The time required to travel through Ukraine to or from the place of treatment will not be included in the duration of the leave. At the same time, up to two days for travel one way may be taken into account.
Protection from re-mobilization: changes to Article 23 of the Mobilization Law
The draft law introduces new categories of persons exempt from conscription during mobilization.
Thus, persons discharged from contract service (on certain grounds) are exempt from conscription until they reach 25 years of age. They can be conscripted only with their consent.
Military reservists who have served under contract and were discharged are exempt from conscription for the entire period of martial law. This creates a significant advantage for attracting citizens to contract service, guaranteeing them the right to civilian life after fulfilling the contract.
The proposed changes are intended to strengthen social guarantees for servicemen and increase the attractiveness of contract service.
At the same time, the implementation of certain provisions may require additional organizational decisions. In particular, the introduction of remote military medical commissions for servicemen undergoing treatment abroad will require approval of the relevant procedure by the Ministry of Defense. Also, if the proposed changes are adopted, there may be a need to revise approaches to troop staffing if new categories of reservists are exempted from re-mobilization.
The law will have priority over subordinate acts
The draft law also provides for the need to bring regulatory legal acts into compliance with the new provisions if it is adopted.
At the same time, judicial practice has repeatedly held that subordinate regulatory acts cannot narrow the rights established by law. Therefore, the procedure for conducting remote military medical commissions and other procedures subsequently determined by the Cabinet of Ministers of Ukraine or the Ministry of Defense must comply with the provisions of the law and not create additional restrictions on the exercise of servicemen's rights.
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