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Наталя ХандусенкоWar
1 April 2026, 12:04
2026-04-01
The Rada proposes to allow those who were entitled to deferment at the time of mobilization to be discharged from service
On April 1, 2026, a draft law was submitted to the Rada on amendments to Article 26 of the Law of Ukraine "On Military Duty and Military Service" to ensure the right to exemption from military service for persons who have grounds for exemption from conscription during mobilization.
On April 1, 2026, a draft law was submitted to the Rada on amendments to Article 26 of the Law of Ukraine "On Military Duty and Military Service" to ensure the right to exemption from military service for persons who have grounds for exemption from conscription during mobilization.
According to the explanatory note, the purpose of draft law No. 15119 is to eliminate the existing legal conflict and imbalance between the norms of the law regulating mobilization and the norms regulating military service and discharge from it.
This is a gap in the Law of Ukraine “On Mobilization Training and mobilization" there is a gap. Ukrainians have the legal right to a deferment from mobilization due to health, family or social circumstances. But they cannot be discharged from service if they have already been mobilized. This is because the list of grounds for deferment in Article 23 does not coincide with the list of grounds for discharge in Article 26, which violates the rights of citizens.
This discrepancy leads to the following situations: when the grounds for deferment (large number of children, disability of relatives) appeared already during service; a person was drafted in violation of the procedure or despite the existence of a deferment, but there is no mechanism for returning him home; even if the court has declared mobilization illegal, there is no direct provision in the law that would allow such a person to be dismissed from service, etc.
Therefore, the draft law proposes to amend part four of Article 26 of the Law of Ukraine "On Military Duty and Military Service."
In particular, the list of grounds for exemption from military service during the action special period and martial law is supplemented by new items that provide for the possibility of dismissal:
in case of confirmation in accordance with the established procedure of the presence of the moment of invoking the circumstances provided for by Article 23 of the Law of Ukraine “On mobilization training and mobilization", taking into account the established by law restrictions on certain categories of grounds;
in the event of a court decision that has been recognized as legally binding It is unlawful to call up a person for military service during mobilization.
Today, the bill was referred to the Committee on National Security, Defense, and Intelligence for consideration.