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LAW OF UKRAINE

of April 11, 2024 No. 3633-IX

About modification of some legal acts of Ukraine of rather single questions of passing of military service, mobilization and military accounting

The Verkhovna Rada of Ukraine DECIDES:

I. Make changes to the following legal acts of Ukraine:

1. In Article 119 of the Labor code of Ukraine (The sheet of the Supreme Council of USSR, 1971, appendix to No. 50, the Art. 375):

in the first offer of part of the third word "for the workers who are called up for compulsory military service" shall be replaced with words "for the workers directed for passing of basic military service, called on";

in word part five "the relevant division of Service of foreign intelligence of Ukraine" shall be replaced with words "the relevant divisions of prospecting bodies of Ukraine".

2. In the Code of administrative legal proceedings of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2017, No. 48, the Art. 436):

Item 7 parts one of Article 4 to state 1) in the following edition:

"7) the subject of imperious powers - public authority (including without the status of the legal entity), local government body, body of military management, their official or the official, other subject when implementing of public and imperious managerial functions by them based on the legislation, including on accomplishment of the delegated powers, or provision of administrative services";

Part one of Article 20 to add 2) with Item 6 of the following content:

"6) administrative cases according to actions for declaration of the territorial center of completing and social support concerning temporary restriction of citizens of Ukraine in the right of vehicle control during mobilization";

To replace 3) in part one of article 268 of figure "280-283-1" with figures "280-283-2";

To replace 4) in part one of article 269 of figure "280-283-1" with figures "280-283-2";

Paragraph one of part one of article 270 after figures "280-283" to add 5) with figures "283-2";

6) in Article 272:

in part one of the word and figure "Article 283-1, Articles 286-288" to replace with the word and figures "Articles 283-1, 283-2, 286-288";

in part three of figure "282-286" to replace with figures "282-283-1, 284-286";

the fourth after figures "281" to add part with figures "283-2";

To add 7) with Article 283 2 of the following content:

"Article 283-2. Features of production on cases on actions for declaration of the territorial center of completing and social support concerning temporary restriction of citizens of Ukraine in the right of vehicle control during mobilization

1. In case of failure to carry out by the citizen of Ukraine in the terms established by the Law of Ukraine "About mobilization preparation and mobilization" of the requirement of the territorial center of completing and social support about discharge of duty (obligations) by the person liable for call-up, reservist the territorial center of completing and social support takes a legal action with the action for declaration about application of temporary restriction of such person by court in the right of vehicle control during mobilization.

2. Claim is submitted to Trial Court within 30 days from the date of emergence of the bases giving to the territorial center of completing and social support the right to presentation of claims according to the Law of Ukraine "About mobilization preparation and mobilization" by the general rules of cognizance established by this Code, in writing and shall contain:

1) the name of Trial Court to which claim is submitted;

2) full name of the claimant, its location, postal index, numbers of means of communication, e-mail address, data on availability or lack of electronic office;

3) name (surname, name and middle name) of the defendant, its residence or stay, the postal index, registration number of accounting card of the taxpayer in case of its availability or number and series of the passport (if such data are known to the claimant), the known numbers of means of communication, e-mail addresses, data on availability or lack of electronic office;

4) contents of requirements and statement of circumstances by which the claimant proves the requirements; specifying of the proofs confirming the specified circumstances;

5) the list of the documents and other proofs attached to the claim;

6) own written confirmation of the claimant that it does not submit other claim (claims) to this defendant with the same subject and of the same bases;

7) the authorized signature of the claimant and the proof in confirmation of its powers;

8) proofs of transfer to the copy of the claim and copies of the added documents to the defendant taking into account Article provisions 44 of this Code.

3. In case of non-compliance with requirements of part two of this Article the court leaves the claim without movement and provides to the claimant term, but no more than 10 days, for remedial action.

Failure to meet requirements of court attracts at the scheduled time return of the action for declaration and the documents attached to it.

Return of the action for declaration is not obstacle for the repeated treatment of him in court after remedial action.

4. The court determination refuses opening of production in the claim if the requirement which is not provided by part one of this Article is declared.

5. The resolution on refusal in opening of production can be appealed in appeal procedure within 10 days from the date of its resolution.

6. The court resolves issue of opening of production on administrative case within five days from the date of receipt in administrative court of the action for declaration.

7. The court considers the claim in written production within 30 days from the date of opening of proceeedings, and at the initiative of court or to the petition of the party - with carrying out judicial session. The non-arrival in judicial session of persons who were properly notified on date, time and the place of consideration of the case does not interfere with its consideration.

8. The court refuses satisfaction of the requirements declared by the claimant if the claimant will not prove existence of the circumstances and taking measures provided by the Law "About Mobilization Preparation and Mobilization", somehow:

1) failure to carry out by person during mobilization of the obligations provided by part three of article 22 of the Law of Ukraine "About mobilization preparation and mobilization" and making of administrative offense by it, stipulated in Article 210 1 codes of Ukraine about administrative offenses;

2) impossibility to perform administrative detention and to bring such person to the territorial center of completing and social support by the bodies and divisions which are a part of the system of police;

3) delivery to such person of the requirement of the territorial center of completing and social support about discharge of duty (obligations) by the person liable for call-up, reservist respectively;

4) non-execution by such person of the debt (obligations) specified in the requirement.

9. The court also refuses satisfaction of the requirement about temporary restriction of person in the right of vehicle control during mobilization if:

1) establishment of such restriction deprives the identity of the main legal source of means of livelihood;

2) person uses the vehicle in connection with disability or stay in its dependence of person with disability of I, II groups established in accordance with the established procedure or the child with disability.

10. The court closes proceeedings in case of accomplishment of the requirement of the territorial center of completing and social support about discharge of duty (obligations) by the person liable for call-up, reservist or in case of its response according to the Law of Ukraine "About mobilization preparation and mobilization".

11. The temporary restriction provided by part one of this Article is established for a period of up to accomplishment or withdrawal of the requirement of the territorial center of completing and social support according to the Law of Ukraine "About mobilization preparation and mobilization".

12. The judgments on the cases determined by this Article are subject to immediate execution according to the procedure, established by the law.

13. Petitions for appeal on judgments on the cases determined by this Article can be submitted within 15 days from the date of their declaration.

The participant of case, person who did not take part in case if the court resolved issue of its rights, freedoms, interests and/or obligations to which the judgment was not handed in day of its declaration, has the right to renewal of the passed term to appeal appeal if the petition for appeal is made within 15 days from the date of delivery of the judgment by it.

14. Submission of the petition for appeal on the judgment on the cases determined by this Article does not interfere with its execution.

15. The Appeal Court considers case in 15-day time from the date of opening of appeal production.

16. The judgment of appellate instance by results of appeal trial can be appealed according to the procedure".

3. In the Law of Ukraine "About social and legal protection of the military personnel and members of their families" (Sheets of the Verkhovna Rada of Ukraine, 1992, No. 15, Art. 190 with the following changes):

Article 9 to add 1) with Item 9 of the following content:

"9. For the military personnel removed in the order of the commander (chief) of military unit in connection with the need for long-term treatment payments in the amount of official pay rate for the last duty station, salary on military rank, length-of-service allowances, other monthly additional types of cash cover of permanent nature and other types of cash cover taking into account change of length of service and regulations of cash cover during all term of continuous stay on treatment in healthcare institutions, in particular foreign states, and on leave for treatment in connection with disease or leave for treatment after the wound (contusion, injury or mutilation) established by paragraph one of Item 11 of article 10 1 of this Law remain";

Article 9-1 to add 2) with Item 5 of the following content:

"5. The military personnel sent to business trip within Ukraine or abroad has the right to compensation of documentary confirmed actual traveling expenses, and also to receipt of funds for food and financing of other own needs of the physical person (daily issues) in connection with business trip.

Expense recovery of the military personnel sent to business trip within Ukraine or abroad and payment of daily issues for such military personnel are performed in terms and according to the procedure, determined by the Ministry of Defence of Ukraine in coordination with the Ministry of Finance of Ukraine";

Article 9-2 to state 3) in the following edition:

"Article 9-2. Remunerations by the serviceman during action of warlike situation (the special period)

1. For action of warlike situation (the special period):

a) extra fee on conditions, in the sizes and procedure established by the Cabinet of Ministers of Ukraine is monthly paid to the military personnel;

b) the serviceman pays remuneration for the destroyed (taken) arms and military, fighting (special, specialized) to the opponent's technician in sizes from four to three hundred sizes of the subsistence minimum for able-bodied persons established by the law for January 1 of calendar year, according to the procedure and the sizes established by the Cabinet of Ministers of Ukraine";

4) in Article 10-1:

in the first offer of Item 1 of the word "except the military personnel of conscription military service presented" shall be replaced with words "except the military personnel passing basic military service are provided";

in Item 8:

in the first offer of paragraph one of the word "except the military personnel of conscription military service, additional" shall be replaced with words "except the military personnel passing basic military service, additional";

add with the paragraph third the following content:

"The military personnel who is on child care leave before achievement of three-year age by it and also on leave if the child needs home care by duration determined in the medical certificate, but no more than before achievement of six-year age by it, remains on military service at the disposal of the corresponding military forming (the official having the right to appointment to positions) according to the procedure, and after their termination - positions are appointed the determined regulations on passing by citizens of Ukraine of military service on previous or to others, not below previous. The serviceman of military service under the contract during stay in such leaves prolongs the term of the contract on passing of military service before the end of the specified leaves (in case of lack of their petitions for dismissal from military service in connection with the contract expiration), and also for the term necessary for determination of suitability to passing of military service for health reasons and decision makings about the conclusion of the new contract. The serviceman sets off time of stay in the specified leaves to the term of period of service in military rank";

the paragraph one of Item 11 to add with two offers of the following content: "If according to medical documents of healthcare institution of foreign state to which the serviceman is sent according to the procedure established by the Cabinet of Ministers of Ukraine, the disease or wound (contusion, injury or mutilation) of the serviceman interferes with it to arrive to the military-medical commission for carrying out survey for the purpose of determination of need for long-term treatment, such inspection is performed remotely according to the procedure, established by the Ministry of Defence of Ukraine. The conclusion of the military-medical commission about need for long-term treatment is the basis for prolongation of time of stay of the serviceman in healthcare institutions and on leave for treatment in connection with disease or on leave for treatment after wound (contusion, injury or mutilation) with preserving cash and material security for the term determined in such conclusion";

in Item 18:

in the first offer of paragraph one of the word "the military personnel is provided" shall be replaced with words "the serviceman, except the military personnel passing basic military service it is provided";

state paragraph two in the following edition:

"The annual main leave specified in paragraph one of this Item is provided by parts within calendar year provided that its main continuous part will constitute at least 15 calendar days and simultaneous absence no more than 30 percent of total number of the military personnel of the relevant division";

after paragraph two to add with the new paragraph of the following content:

"The military personnel is granted additional vacation for the destroyed equipment lasting and according to the procedure, determined by the Cabinet of Ministers of Ukraine, but no more than 15 calendar days in year".

With respect thereto third - the sixth to consider paragraphs respectively paragraphs the fourth - the seventh;

add with Item 23 following of content:

"23. The military personnel after their release from captivity is at will granted additional vacation with preserving cash cover lasting 90 calendar days without separation into parts (except the military personnel who expressed desire to leave from military service after release captivity).

The response on additional vacation after release of the serviceman from captivity is allowed only from its consent";

Article 12 to add 5) with Item 7-1 of the following content:

"7-1. The military personnel in case of the conclusion of the first contract has entitlement to compensation of 50 percent of the first fee on the credit provided with mortgage subject in accordance with the terms of ensuring available mortgage lending of citizens of Ukraine with private joint-stock company "Ukrainian Finance Housing Company", and in addition 100 thousand hryvnias after the first year of military service and 100 thousand more hryvnias after the second.

Compensation is provided to the serviceman only once during the whole time of passing of military service by it.

The procedure and conditions of provision by the serviceman of such compensation are determined by the Cabinet of Ministers of Ukraine";

6) in Article 14:

state Item 15 in the following edition:

"15. To the military personnel who was called on military service during mobilization for the special period or on military service of persons from among reservists during the special period for all the time of their appeal, and also to their wives (husbands), and also other military personnel, during action of the special period which accepted or participate in protection of independence, sovereignty and territorial integrity of Ukraine and were directly involved in anti-terrorist operation, ensuring its carrying out, being directly in areas of anti-terrorist operation during its carrying out, in implementation of actions for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation in the Donetsk and Luhansk regions, ensuring their implementation, being directly in areas and during implementation of the specified actions, in the actions necessary for ensuring defense of Ukraine, protection of safety of the population and interests of the state in connection with the armed aggression of the Russian Federation against Ukraine, to their wives (husbands) - penalties, penalty fee for default on obligations before the companies, organizations and the organizations of all patterns of ownership, including banks, and physical persons, and also interests on credit are not charged, except credit agreements on property acquisition which is referred or will be carried to objects of dwelling stock (the apartment house, the apartment, future real estate object, object of incomplete housing construction, property rights on them), and/or the car";

add with Item 16 of the following content:

"16. The military personnel in case of the conclusion of the contract has the right within three months from the date of the conclusion of such contract to receive the certificate on purchase of the vehicle in the amount of 150 thousand hryvnias according to the procedure, established by the Cabinet of Ministers of Ukraine.

The certificate on purchase of the vehicle is issued to the serviceman in case of the conclusion of the contract only once";

7) in Article 15:

in Item 2:

in subitem 1:

third to add the paragraph with words "prospecting body of the Ministry of Defence of Ukraine, the Public special service of transport and National guard of Ukraine";

add with the paragraph the seventh the following content:

"in connection with release from captivity";

in subitem 2:

the tenth to state the paragraph in the following edition:

"on family circumstances or on other reasonable excuses which list is determined by part twelve of article 26 of the Law of Ukraine "About conscription and military service", during action of the special period and warlike situation";

add with paragraphs the twelfth and thirteenth the following content:

"in connection with election as the People's Deputy of Ukraine, the deputy of the Verkhovna Rada of the Autonomous Republic of Crimea;

in connection with appointment (election) to judgeship, judge of the Constitutional Court of Ukraine, high councilor of justice, member of the Highest qualification commission of judges of Ukraine, head of service of disciplinary inspectors of the Supreme council of justice, his deputy, disciplinary inspector of the Supreme council of justice";

in subitem 3:

the paragraph one to state in the following edition:

"3) 25 percent of monthly cash cover for each complete calendar year of service in the presence of period of service of 10 calendar years and more - who leave from military service at own will, on family circumstances or on other reasonable excuses which list is determined by part twelve of article 26 of the Law of Ukraine "About conscription and military service", in peace time";

the fifth to state the paragraph in the following edition:

"on family circumstances or on other reasonable excuses which list is determined by part twelve of article 26 of the Law of Ukraine "About conscription and military service";

after the paragraph of the sixth to add with four new paragraphs of the following content:

"in connection with release from captivity;

in connection with election as the People's Deputy of Ukraine, deputy of the Verkhovna Rada of the Autonomous Republic of Crimea;

in connection with appointment (election) to judgeship, judge of the Constitutional Court of Ukraine, high councilor of justice, member of the Highest qualification commission of judges of Ukraine, head of service of disciplinary inspectors of the Supreme council of justice, his deputy, disciplinary inspector of the Supreme council of justice;

in connection with the expiration of military service of faces of officers during action of warlike situation".

With respect thereto paragraphs of the seventh - to consider the twentieth respectively paragraphs the eleventh - the twenty fourth;

in the paragraph the thirteenth to exclude the words "or to be engaged in certain activities";

add with the paragraph the twenty fifth the following content:

"The one-time monetary assistance provided by this Item is not paid to the military personnel who as of March 16, 2014 served in the territory of the Autonomous Republic of Crimea and the city of Sevastopol and in accordance with the established procedure did not extend its passing outside temporarily occupied territory of Ukraine";

To state Item 3 of Article 16-2 in the following edition:

"3. The extent of the one-time monetary assistance in case of death (death) of the serviceman during action of warlike situation is determined by the Cabinet of Ministers of Ukraine taking into account the following:

the size of the one-time money allowance paid in case of death (death) of the serviceman in case of execution of obligations of military service by it cannot constitute less than 15 million hryvnias;

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