The Cabinet of Ministers of Ukraine has submitted to the Verkhovna Rada of Ukraine for consideration Bill No. 13440 dated June 30, 2025 (hereinafter referred to as the “Bill”), which would grant a deferment from conscription during mobilization to individuals aged 18–25 (hereinafter referred to as “Servicemen Aged 18–25”). Regulatory acts governing mobilization and discharge from service are often subject to subjective interpretation by government authorities and contain conflicting provisions and discriminatory provisions. The draft law proposes to amend Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization” (hereinafter referred to as the “Mobilization Law”) by adding a new Part 7 with the following text:

“7. Persons liable for military service and reservists who, who, during the period of martial law, were enlisted in military service under a one-year contract from among citizens aged 18 to 25 and were discharged from military service on the grounds specified in subparagraph “a” of paragraph 2, subparagraph “g” of paragraph 3 of Part Five of Article 26 of the Law of Ukraine “On Military Duty and Military Service” (hereinafter referred to as the “Law on Military Duty”). Such individuals may be called up for military service during the specified period with their consent.”

Issues related to demobilization are being politicized by certain political forces. Manipulating such sensitive topics exacerbates social tensions and may have unpredictable consequences for society. The explanatory note to the draft law does not contain analytical or statistical data, economic forecasts, or an assessment of the impact on the State Budget of Ukraine, which is a significant shortcoming.

Social Factors

Deferring the conscription of military personnel aged 18–25 who already have military experience could be an important step toward establishing a flexible system of conscription and discharge. This will facilitate communication between the State and its citizens and may encourage the signing of short-term contracts; however, strict compliance with existing legal requirements is far more important than any such initiatives. The bill should ensure transparency, fairness, and citizens’ trust in the state, which is critically important for the country’s defense capability.

A study by the Ukrainian Veterans Fund titled “Current Needs and Vision for Career and Professional Growth Opportunities for Veterans,” conducted in January 2024, shows that approximately 62.89% of the military personnel surveyed would like to start a business after demobilization, while 11.03% already own their own businesses. At the same time, 16.62% of respondents prefer to be salaried employees, and 9.46% definitely would not want to run their own business (https://veteranfund.com.ua/analitics/aktualni-potreby-ta-bachennia-mozhlyvostey-dlia-kar-iernoho-i-profesiynoho-zrostannia-veteraniv/).

In other words, conscripts aged 18–25 should feel that they are needed by the state not only in the Armed Forces of Ukraine but also in civilian life. Moreover, sociological studies indicate a fairly active and diverse range of views regarding their future.

The Military Factor

The bill could temporarily remove a certain category of experienced military personnel from the mobilization reserve and negatively impact the combat readiness of military units. On the other hand, the emphasis on the voluntary nature of re-enlistment (with their consent) preserves hope for the motivation of those planning to sign contracts.

Of course, one must take into account the fact that there are frequent cases of military personnel returning to service after discharge due to a lack of opportunities to fulfill their potential in civilian life. Given this, we should not expect 100% of citizens aged 18–25 to be discharged after completing one year of service in the Armed Forces of Ukraine. The statistics above indicate that approximately 25% of respondents might potentially consider continuing their service in the Armed Forces of Ukraine (16.62% wish to be salaried employees, and 9.46% definitely do not want to run their own business, respectively).

Financial and Economic Factors

Contrary to initial positive impressions, the draft law will significantly increase the burden on the State Budget of Ukraine (hereinafter “the Budget”). Upon the discharge of military personnel aged 18–25 serving under one-year contracts, military units will be required to make numerous payments: health and material assistance, compensation for unused leave (annual and combat duty leave), a one-time severance payment (4% of monthly pay for the period of service), and compensation for military issue property.

The explanatory note to the bill contains no information on the number of such service members, nor any data regarding the future financial burden on the budget. The existing shortage of funds for timely payments indicates significant risks to the budget in the event of the demobilization of individuals aged 18–25. For example, a court ruling in Case No. 120/7430/24 dated July 3, 2024 (according to official data from the Unified State Register of Court Decisions: https://reyestr.court.gov.ua/Review/128602561), it is stated that the military unit’s debt regarding payments to veterans discharged from service amounts to over 21,753,409 UAH across 224 administrative cases currently in the enforcement phase. This pertains to general payments to military personnel who have been discharged from service for various reasons, regardless of age. On a nationwide scale, the figures are naturally much higher, so in this regard, the draft law does not stand up to any criticism.

Legal Aspect

In accordance with Article 24 of the Constitution of Ukraine, it is prohibited to allow any form of discrimination, namely: there shall be no privileges or restrictions based on race, skin color, political, religious, or other beliefs, gender, ethnic or social origin, property status, place of residence, language, or other characteristics, including age restrictions. The legislature failed to take into account that the second paragraph of Article 64 of the Constitution of Ukraine states: under a state of war or a state of emergency, the rights and freedoms provided for, in particular, by Article 24 of the Constitution of Ukraine may not be restricted.

This draft law contains clear signs of age discrimination (ageism), which places military personnel aged 25 and older at a deliberately disadvantageous position compared to those aged 18–25.

Conclusion

The legislature must urgently review the legal status of all age groups of military personnel by developing fair and flexible principles for demobilization based on a thorough financial and economic justification. This is the only way to prevent a critical escalation of public sentiment, which threatens to spark outrage among those who have stood up to defend the state since the very first days of the full-scale invasion.

 




Author: Dmytro Korniychuk, Barrister

Source: https://protocol.ua/ua/sproba_rozshirennya_mobilizatsiynogo_resursu_18_25_rokiv_imitatsiya_dotrimannya_prav_chi_realna_vidstrochka/

Write us

You need a consultation — contact us

I accept privacy policy