What changes are planned, how the new mechanism might work, whether reservations through “Diia” will be stopped, and who will be eligible for reservation.
Mobilization in Ukraine / © TSN
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Ukraine may drastically change the rules for reserving employees in the near future. The government is already considering new amendments to the mobilization rules, Forbes Ukraine reports. It is known that since mid-July, the Ministry of Economy has been discussing a new mechanism with business representatives.
What changes are planned, how the new mechanism might work, whether reservations through “Diia” will be stopped, and who will be eligible for reservation, TSN.ua explains.
What changes are planned
According to the publication, the status of critically important enterprises and, consequently, the reservation of their employees may be reviewed in the near future. This will be the second review of the reservation process since May.
It is planned to establish a Coordination Center for Reservation Issues. Representatives of the Ministry of Economy, the General Staff of the Armed Forces of Ukraine, the SBU, and relevant ministries may be included in its composition.
The creation of such a body has already been agreed upon at the Stavka, but its concept must be approved by the Cabinet of Ministers. The consideration of the issue, according to Forbes Ukraine, was postponed due to a change in government.
What checks the new center will conduct
The main task of the Coordination Center will be to verify enterprises that claim the status of critically important. Specifically, this includes:
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connections with the Russian Federation
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criminal proceedings
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“schematic” reservation
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other security risks
Representatives of business associations told journalists that the center’s idea is to conduct an additional check of all companies applying for or confirming the status of critically important.
How the new mechanism might work
According to preliminary information, the procedure will look like this:
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The enterprise submits documents to the OVA or the relevant ministry
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The body checks compliance with the criteria and forwards the materials to the Coordination Center
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The Center conducts an additional check and provides recommendations
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The OVA or the relevant ministry makes the final decision
Importantly, not only new applicants but also enterprises that have already obtained the status of critically important must undergo verification through the new center.
Will reservations through “Diia” be stopped
One of the most discussed changes is the possible temporary suspension of new employee reservations through “Diia”. According to Diia.City Union, this is necessary for the technical and qualitative processing of enterprise documents according to updated criteria.
Valeriy Kushnerchuk, Executive Director of Diia.City Union, noted that reservations may be suspended in the near future and resumed in the usual format at the end of July.
Strict deadline for businesses
The Ministry of Economy is also discussing setting a clear deadline for confirming the status of a critically important enterprise.
If a company fails to confirm compliance with the requirements by September 1, particularly regarding the average salary level, its status may be revoked.
The new rules have caused concern in the business community. Entrepreneurs, in particular, point out the following risks:
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it is technically impossible to check all enterprises by September 1
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during the pause in “Diia”’s operation, employees’ deferment periods may expire
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such employees may be mobilized or declared wanted by the TCC
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in case of being declared wanted, they will lose the right to re-reservation
Diia.City Union advises enterprises not to delay and to submit documents for confirmation of critically important enterprise status as soon as possible to avoid delays in employee reservations.
At the same time, negotiations between the Ministry of Economy and businesses are still ongoing, according to Forbes Ukraine, and the government has not officially approved the new rules.
For now, enterprises are guided by the current resolution of the Cabinet of Ministers No. 76.
How reservation differs from deferment
The Ministry of Defense of Ukraine reminds that legislation provides for two different mechanisms for temporary exemption from mobilization – deferment and reservation. In practice, both mean that a person is temporarily not subject to conscription, but their legal nature, procedure for оформлення, and validity period differ significantly.
What is deferment
Deferment is an individual right of a citizen, which is granted due to their personal life circumstances. For example, marital status, health condition, education, or other grounds provided by law.
The main thing is that deferment is arranged by the conscript themselves, submitting the necessary documents to the relevant authorities. Its validity depends on the specific grounds for which it was granted.
What is reservation
Reservation is a specific type of deferment, which is granted not due to personal circumstances of a person, but due to their professional significance for the state.
It is regulated by Article 25 of Law No. 3543-XII and Resolution of the Cabinet of Ministers of Ukraine No. 76.
Employees of enterprises, institutions, and organizations that are recognized as critically important for ensuring the needs of the Armed Forces of Ukraine, other military formations, or the functioning of the economy are subject to reservation.
Unlike deferment, a citizen cannot arrange reservation themselves. The initiator is exclusively the employer – the head or authorized representative of a critically important enterprise, institution, or organization.
How to arrange reservation
The reservation procedure is currently carried out through the “Diia” portal. To do this, the head or authorized representative of a critically important enterprise submits the relevant request through the portal.
The employee themselves does not submit an application for their own reservation – the employer does it on behalf of the enterprise.
What is the validity period of reservation
For employees of critically important enterprises, reservation is granted for a period of up to 12 months. After this period expires, the procedure must be repeated.
The main difference between reservation and deferment lies in the grounds for obtaining it, the initiator of оформлення, and the validity period.
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