Whisper the phrase “military registration of women” and you will receive dozens of articles, webinars, interviews of diverse experts on the registration of Ukrainian women for military registration. Many of these materials raise the same questions, but the answers often contradict each other. The reason is the imperfection and inconsistency of Ukrainian legislation.
On October 10, 2022, the Chairman of the Verkhovna Rada of Ukraine signed the Draft Law on Amendments to Article 1 of the Law of Ukraine “On Military Duty and Military Service” No. 6482, which provides for a new version of Part 11 of Article 1 of this law, which regulates the military registration of women.
What you need to know about military registration: briefly
The first. Military registration (including women) is carried out in accordance with the Procedure for organizing and maintaining military registration of conscripts and persons liable for military service, approved by the Resolution of the Cabinet of Ministers of Ukraine dated December 7, 2016 No. 921. This is the only legal act, according to With what military registration should be carried out state bodies, military registration and enlistment offices and enterprises, institutions, organizations, etc.
Second. There is a military record component of the content of mobilization training (complex organizational, political, economic, financial, social, legal and other measures carried out in peacetime in order to prepare … for the timely and organized mobilization and satisfaction of the needs of the defense of the state and the protection of its territory from possible aggression, ensuring the livelihoods of the population in a special period) .
Third. The military account consists of purposeful activity of state bodies, enterprises, institutions and organizations for fixation, accumulation and analysis military credentials of conscripts and persons liable for military service with their reflection in military records, as well as monitoring compliance conscripts and persons liable for military service, officials of state bodies, enterprises, institutions and organizations established military accounting rules .
Fourth. Military registration does not equal mobilization. This is a completely different process, which is taking place with the aim of ensuring the full and high-quality staffing of the Armed Forces and other military formations created in accordance with the laws, with personnel in peacetime and a special period.
Fifth. Military accounting tasks (in accordance with the law):
- creation of a military reserve of human resources to ensure the implementation of measures to transfer the Armed Forces and other military formations, formed in accordance with the laws, to the organization and states of wartime, as well as to supplement their personnel in peacetime and in a special period;
- conducting an analysis of the quantitative composition and qualitative state of conscripts and those liable for military service for their effective use in the interests of defense and national security of the state;
In other words: this is an analysis of the number of persons in the state who, due to their physical condition, can carry out military service.
- documentary registration of military registration documents of conscripts and persons liable for military service;
- reservation of persons liable for military service for the period of mobilization and wartime;
- exercising control over the execution by conscripts and persons liable for military service, officials of state bodies, enterprises, institutions and organizations of the established rules of military registration.
Features of the military registration of women
Question: Are all Ukrainian women with relevant specialties required to be registered with the military?
In accordance with the Law of Ukraine “On Military Duty and Military Service”, women with a specialty and / or profession related to the corresponding military specialty, defined in the list approved by the Ministry of Defense of Ukraine, are subject to military registration of those liable for military service by health and age.
I would like to point out that none of the norms not fixed women to be registered in the military. The words “subject to” and “taken” for military registration are used, however, the obligation of a Ukrainian woman with an appropriate specialty to become registered with the military is not in the law today. It also does not provide for liability for the fact that a citizen of Ukraine with an appropriate specialty does not enter the military register.
What does the bill say №6482
The bill made its own adjustments to the regulation of this issue. The draft law now states that:
- Women who are fit for military service for health reasons and age and have graduated from institutions of vocational (vocational), vocational higher or higher education and received a medical or pharmaceutical specialty subject to military registration for those liable for military service.
- Women who have a specialty and / or profession related to the corresponding military specialty, defined in the list approved by the Ministry of Defense of Ukraine, and fit for military service for health reasons and age, except for those specified in the first paragraph of this part, are taken to the military registration of persons liable for military service at their request “
Again, the word “subject” is used in the first part. The subjective assessment of this concept was outlined above. So let’s move on.
It has now been established that women who received a medical or pharmaceutical specialty subject to military registration for those liable for military service.
I think that in order to avoid misunderstandings in the future, a list should be fixed and made, which will clearly indicate the medical and pharmaceutical specialties, upon receipt of which a woman will be subject to military registration.
And, therefore, it should be assumed whether the basis for taking a woman on a military record would be the passage of her usual courses in medical and / or pharmaceutical specialties? Is it necessary for a woman to be only with a state-recognised education document? If it is enough for a woman to take courses, then who accredits such courses, who will have the right to issue certificates and will they be a proper basis for confirming that they have acquired an appropriate level of knowledge in a medical/pharmaceutical specialty?
The next thing is that the List of specialties and / or professions related to the corresponding military specialty, approved by the Ministry of Defense of Ukraine, is purely informative. If a woman, whose specialty and/or profession is included in this list, wants to be registered with the military, she can do it of her own free will. About the nuances of taking on military registration according to the specified list below.
Women of what specialties should (soon at will) be registered in the military?
Law of Ukraine “On military duty and military service” (part 11 of article 1) and Draft Law No. 6482 define and redirect us to a normative document – list approved Ministry of Defense of Ukraine , which should be guided by the military registration and enlistment offices when accepting women for military registration.
In other words, the Law and Draft Law No. 6482 are sent to the order of the Ministry of Defense of Ukraine No. 313 dated 10/11/2021, which approved the entire two lists :
- The list of specialties and / or professions related to the corresponding military specialties, after receiving which women are taken to the military registration of those liable for military service ( let’s call it List #1);
- A list of specialties and / or professions related to the corresponding military specialties (let’s call it List No. 2).
Based on this, it can be concluded that, after the entry into force of Draft Law No. 6482, women can become military having a specialty and / or profession related to the corresponding military specialty. That is, we are talking about List No. 2 (after all, the name of the list corresponds to the content of the norm of the Law and Draft Law No. 6482).
Having opened this list, it can be argued that almost all women will be able to register for the military, because almost all professions and specialties are listed there.
At the same time, on February 7, 2022, the Ministry of Defense of Ukraine adopted Order No. 35, which, in fact, was set out in the new version of List No. 1 (the list of specialties and / or professions related to the corresponding military specialties was reduced). This order assumes that from October 1, 2023 military registration should be taken by women whose professions and specialties are included in List No. 1 “List of specialties and / or professions related to the corresponding military registration specialties, after receiving which women are taken to the military registration of those liable for military service.
Thus, with such a formulation, the picture changes dramatically. After all, List No. 2 contains 35 related specialties and 76 related professions, and List No. 1 contains 14 related specialties and 7 related professions.
Consequently, the Law “On Military Duty and Military Service” and Draft Law No. 6482 enshrined one list according to which women can be registered for military registration, and another by order of the Ministry of Defense.
Order No. 35 provides, I repeat, to ensure that women are registered with the military. from October 1, 2023. What is that coming out? According to the law, a woman will have the right to be registered with the military at will, and by order she will need to be registered with the military?
I think that this gap needs to be reconciled. So that in a year it doesn’t turn out like this: women who have a specialty and / or profession related to the corresponding military specialty do not have to register at will, however, by order of the Ministry of Defense, they will be “open hunted”.
Moreover, now we will mention that the process of organizing and taking on military registration is provided for by the Procedure for organizing and maintaining military registration of conscripts and persons liable for military service. This Procedure (paragraph 11, paragraph 18) stipulates that the military registration of persons liable for military service by state bodies, enterprises, institutions and organizations is subject, in particular, women with a specialty related to the corresponding military specialties, the list of which is approved Cabinet, subject to their fitness for military service for health reasons, age and marital status.
Again, in paragraph 50 of the Procedure, a similar wording is found: “Institutions that provide training women in a specialty related to the corresponding military specialties, defined The Cabinet of Ministers of Ukraine , three months before graduation, submits the relevant list to the district (city) territorial centers for recruitment and social support (Appendix 10). The lists are attached to a separate file and stored in the district (city) territorial center for acquisition and social support for 30 years.
But ATTENTION! The only resolution of the Cabinet of Ministers of October 14, 1994 No. 711, which approved the list of specialties for which women with appropriate training can be taken on military records. has lost its power.
Yes, there is a procedure that defines the procedure for taking women into military service. Nonetheless, this Order refers to the list specialists for women , which was approved, firstly, by the Cabinet of Ministers back in 1994 and, secondly , is no longer valid today.
The procedure does not contain a reference to the fact that when registering women for military registration, state bodies, military registration and enlistment offices, enterprises, institutions, organizations should be guided by order of the Ministry of Defense of Ukraine No. 313 10/11/2021 , incl. taking into account the changes introduced by the order of the Ministry of Defense of Ukraine No. 35 dated February 7, 2022.
I believe that the legislator should agree on this issue and determine a single unified list of specialties and provide for this list in the regulation on military registration.
Question: If we consider the possibility that appropriate changes have been made to the legislation?
If a woman with a medical or pharmaceutical specialty , is pregnant / with a child (children) or without (their) / guarded by disabled parents, etc. She must be registered with the military. There are no exceptions .
I repeat military registration is not equal to automatic mobilization.
In the text of the norms of the Law of Ukraine “On military duty and military service” and the Draft Law No. 6482, which were quoted above, it is noted that a woman must be suitable prior to military service for health reasons. This suitability is determined by the results of a medical examination. military medical commission , or as they call it VLK for short.
Going to become a military registration, you must pass the VLK without fail, after all, as enshrined in the Regulations on military medical examination in the Armed Forces of Ukraine (clause 1.1): “ Military medical examination determines the fitness for military service of conscripts, military personnel and conscripts …”.
One of the main tasks of the VLC is selection of citizens of Ukraine fit for health reasons into military service to staff the Armed Forces of Ukraine (clause 1.3 of the Regulations on military medical examination in the Armed Forces of Ukraine).
That is, if a woman has some kind of disease / other health problems, it is better to take all the documents and certificates to the VLK to confirm her illnesses. It should be understood that the stage of passing the VLK is important, according to its results, it will be established whether you are fit for military service for health reasons.
Only after this full military registration procedure will it be decided whether a woman is subject to I will call for military service, or attract to perform work to ensure the defense of the state in wartime .
Can conscripted women cross the border?
Based on the regulations, which are in force today , then from the moment when a woman becomes military registered, she is liable for military service and is in the reserve of the Armed Forces, the National Guard or other military formations, and also performs military duty on an equal footing with men (with the exception of cases provided for by legislation on protection of motherhood and childhood, as well as the prohibition of discrimination on the basis of sex).
Therefore, all women who, if they wish, will be registered with the military, as well as women who are subject to military registration, should understand that they will be subject to border crossing restrictions introduced on the territory of Ukraine during a state of emergency or martial law .
However, some categories of women will be able to cross the state border, again, according to regulatory legal acts, in force today.
When resolving this issue, one should be guided by the Rules for crossing the state border by citizens of Ukraine, approved by the Resolution of the Cabinet of Ministers of January 27, 1995 No. 57, as well as Art. 23 of the Law of Ukraine “On mobilization training and mobilization”.
Please note that today the draft law No. 6482 has been submitted for signature to the President of Ukraine. Draft Law No. 6482 will enter into force on the day following the day of its publication.