New mobilisation rules: who do they affect?

New mobilisation rules: who do they affect?

On 30 January 2024 the Cabinet of Ministers of Ukraine submitted an updated version of the mobilisation bill to the Verkhovna Rada. According to its initiators, the bill “will expand the possibilities” for general mobilisation in Ukraine. The document had previously sparked a great deal of debate. It is now awaiting consideration and approval, after which the new rules will come into force.

It is reported that the new bill extends mobilisation to Ukrainians abroad, especially men of conscription age who managed to leave the country. This will apply both to those who left Ukraine after the start of the full-scale invasion and to those who arrived after that period.

Refugees – according to official data from the Civil Protection Department, as of 19 January 2024 about 18% of those who applied for temporary protection in Italy (that is, those who left Ukraine after the full-scale invasion) are men.

It is important to note that some of them are legally entitled to leave the country – people with disabilities, parents of large families, those accompanying children with special needs, and men who are required by law to support a wife, or their own or their wife’s parents with disabilities, as the only family members able to work.

However, a significant share are draft evaders who crossed the border illegally.

Emigrants – the new mobilisation bill makes no exceptions for Ukrainians who emigrated before the full-scale war began. The text uses the term “Ukrainian citizens liable for military service”. Consequently, only emigrants who have officially renounced Ukrainian citizenship are exempt from mobilisation.

WHAT THE NEW MOBILISATION LAW PROVIDES FOR

Ukrainian citizens liable for military service who are in other countries will not be provided with consular services if they do not have military registration documents. The ban applies to men aged 18 to 60 who are conscripts, liable for military service or reservists.

There are exceptions in the following cases:

– issuing a certificate of return to Ukraine (the “white passport”);

– consular services concerning children whose father or mother is a foreign national or a stateless person;

– notarial acts relating to inheritance;

– action on applications from citizens who are under arrest, detained or imprisoned abroad.

In addition, restrictions will apply to those who fail to report to the Territorial Centre of Recruitment and Social Support within 10 days of receiving a call-up notice. This also applies to those in another country: they must contact the Ukrainian consulate.

Such persons may have their right to leave Ukraine and to drive vehicles restricted, and their funds and other valuables may be seized.

Once the mobilisation law comes into force, Ukrainians abroad will face a serious problem when their international passport expires: their main identity document will no longer be valid. The Italian identity card (carta d’identità) can partly replace it, but this will not always be enough. In particular, it may become impossible to:

– renew a residence permit (permesso di soggiorno) and other Italian documents;

– sign an official employment contract;

– renew a driving licence;

– and more.

Some men may end up stateless (apolidi), that is, without any citizenship.