Conscription under 25: Examining rules and potential changes with new bill

The journalists consulted with lawyers and found out how and why men under 25 can be conscripted.

A person liable for military service, a conscript or a reservist – what military registration documents are required

The Armed Forces of Ukraine can call up people of three categories: conscripts, persons liable for military service and reservists. Lawyer Natalia Hnatyk says that each category has the appropriate military registration documents:

• conscripts - certificates of registration with a military station;
• persons liable for military service – a military ID or a temporary certificate of a person liable for military service;
• reservists - a military ID card.
  

In other words, the status of a person regarding military duty is actually determined by a military registration document, the lawyer says.

Currently, persons liable for military service aged 25 to 60 and reservists are conscripted to the army, provided they have served in the regular army. Conscripts can join the Ukrainian Armed Forces voluntarily.

Is conscription under 25 possible now?

Ukraine has abolished the status of limited fitness since April 2 and introduced a division into different categories of fitness and unfitness as conclusions of the military medical commission.

According to Natalia Hnatyk, people who have the status of "unfit in peacetime but limitedly fit in wartime" fall into the category of persons liable for military service. That is, even if a man is under 25 years old, but was partially fit before the law abolishing this status was passed, he is formally liable for military service. Under current legislation, such persons have not returned to the category of conscripts.

"This is the bulk of people under 25 who are mobilized," the lawyer stated.

Thus, men who have not yet reached the age of 25 can become liable for military service and be conscripted during martial law. Relatively speaking, if the military commissariat asks such a person for a document and he provides a military ID instead of a military registration card, the military commissariat understands that it is dealing with a person liable for military service who is subject to conscription in wartime.

In particular, since May 4, the rules for passing the military medical commission and the list of diseases that determine fitness have been changed. Many serious diseases were removed from this list. For example, a man could have suffered from cancer several years ago and be classified as "unfit in peacetime and partially fit in wartime". However, now such a person can be drafted even before the age of 25.

Lawyers comment on the conscription age

Article 23 of the Law of Ukraine On Mobilization Preparation and Mobilization states that persons liable for military service under the age of 25 who have completed basic military training in accordance with Article 10-1 of the Law of Ukraine On Military Duty and Military Service or basic military service are not subject to call-up.

However, if a man is under 25, is not a student, i.e. does not have such a basis for deferral, and does not have completed basic military training, he may be conscripted, according to lawyer Natalia Hnatyk.

Ilyashev & Partners also emphasizes that only persons liable for military service under the age of 25 who have previously been declared unfit for military service in peacetime but are limitedly fit for military service can be conscripted.

"Theoretically, if a person is already liable for military service (even under 25), but has not completed basic military training (BMT) or basic military service, this is a legal basis for calling such a person up during the mobilization period, since Part 5 of Article 23 of the Law on Mobilization Training and Mobilization does not apply to such a person," said attorney Oleksandr Kamsha.

It is currently unclear how the BMT will be conducted. This is a new phenomenon that will be introduced on Sept. 1, 2025, in higher education institutions. And lawyers do not fully understand what it means.

In this regard, the issue of mobilization for conscripts released this year is controversial. On the one hand, says lawyer Anzhela Vasilevska, they are entitled to a one-year deferment and are issued mobilization summons in the military commissariats for "one year from now." On the other hand, they are under 25 years old, and as persons who have actually served in the basic service, they are not subject to conscription. How this provision will be implemented in practice will be clear only in one year.

Conscription under the age of 25 - will the new law resolve the issue?

The Verkhovna Rada registered a bill on June 24 on amendments to the Law of Ukraine On Mobilization Training and Mobilization to expand the circle of persons liable for military service up to the age of 25 to be deferred from military service during mobilization. The document should regulate the above issue with the mobilization of citizens under 25 years of age and state that this can only take place with the voluntary consent of the person.

The bill amends paragraph 5 of Article 23. According to the text, persons liable for military service under conscription before the age of 25 are not subject to call-up for military service under Article 10-1 of the Law of Ukraine On Military Duty and Military Service or basic military service and persons liable for military service who were declared unfit for military service in peacetime, or limitedly fit for military service in wartime before the Law of Ukraine On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service came into force. During this period, such persons may be called up for military service upon their consent.

The Ukrainian parliament has not yet voted on the bill, so the current rules with the above-mentioned legislative gaps are still in force, which may lead to conscription up to the age of 25.