When a Reservation Doesn’t Stop Mobilization: What Those Subject to Military Service Need to Know

Under martial law, the deferment of conscripts remains one of the most important mechanisms for ensuring the operation of government agencies, critically important enterprises, institutions, and organizations. However, in practice, situations are increasingly arising in which an employer files a reservation request only after an employee has received a draft notice or undergone a military medical examination. Does this mean that mobilization measures are automatically suspended? The answer depends on the specific circumstances.

What the law provides for

The legal framework governing deferments is established by the Law of Ukraine “On Mobilization Preparation and Mobilization,” the Law of Ukraine “On Military Duty and Military Service,” and the Procedure for Deferring Persons Subject to Military Service, approved by Resolution No. 76 of the Cabinet of Ministers of Ukraine.

Pursuant to Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization,” persons subject to military service who have been duly reserved by government authorities, enterprises, institutions, or organizations are entitled to a deferment from conscription during mobilization.

At the same time, it is important to understand that the mere fact of being employed at a critically important enterprise does not automatically confer the right to a deferment. Such a right arises only after the reservation procedure has been completed in accordance with the requirements of the law.

Can I make a reservation after receiving a summons?

Current legislation does not explicitly prohibit making a reservation after receiving a summons. However, it is necessary to distinguish between the various stages of the mobilization procedure.

If a person has received a summons to update their military registration information or to undergo a military medical examination, this in itself does not deprive them of the right to make a reservation.

A different situation arises when the territorial recruitment center has already made a decision on conscription and the person has been assigned to a military unit.

According to paragraph 4 of part one of Article 24 of the Law of Ukraine “On Military Duty and Military Service,” military service begins on the day the person is dispatched to a military unit.

At the same time, part four of Article 26 of the same Law does not provide for deferment as grounds for discharge from service following mobilization.

How do the courts approach this issue?

Case law has already established a general approach to such disputes.

The Supreme Court emphasizes that deferment from mobilization and discharge from military service are distinct legal concepts governed by different provisions of law.

Reservation status serves as the basis for granting a deferment only to those subject to military service who are in the reserve. Once a person has been actually drafted and has acquired the status of a military servicemember, the deferment mechanism no longer applies.

At the same time, the issue of obtaining a deferment after receiving a draft notice but before actual conscription remains a matter of debate. The final legal assessment in each case depends on the specific circumstances and the sequence of actions taken by all parties involved in the procedure.

What to Look For

In such situations, the following are of key importance:

• the date the draft notice was served;
• the date the reservation was made;
• the date the decision on conscription was made;
• the date of actual deployment to the military unit;
• the moment the individual acquired the status of a military servicemember.

It is precisely these circumstances that can determine the legal consequences and prospects for defending the rights of a person subject to military service.

Making a reservation after receiving a draft notice is not prohibited by law; however, it does not guarantee the automatic suspension of mobilization measures. Each situation requires an individual analysis, as even minor differences in dates or procedural steps can significantly affect the legal assessment.

If you have questions regarding registration, deferment from mobilization, or need legal assistance in your dealings with the Territorial Recruitment Center (TRC) and the Military Registration and Enlistment Office (MREO), please contact the attorneys at the “Strategic Advocacy” Law Firm. Our specialists will analyze your situation, provide legal advice, and help you choose the best way to protect your rights.