Ukrainian Parliament to Debate Bill for Releasing Illegally Mobilized Soldiers

Understanding Draft Law No. 13345

According to ХВИЛЯ: The Ukrainian Parliament, the Verkhovna Rada, has placed Draft Law No. 13345 on its agenda. This legislation aims to close a legal loophole that currently prevents the release of individuals who were illegally mobilized into the armed forces, even when a court has ruled their conscription unlawful. The bill proposes amending Article 26 of the Law 'On Military Duty and Military Service' to add a new legal ground for discharge, specifically for cases where a court has invalidated a person's mobilization.

This move follows a significant ruling by Ukraine's Supreme Court in early 2025, which declared certain mobilizations illegal while simultaneously noting that the mobilization process itself was irreversible. Currently, Article 26 lacks a provision allowing for discharge based solely on a court ruling that finds the conscription illegal. The proposed new clause would authorize release 'in connection with a court decision that has entered into legal force, which recognizes the call to military service during mobilization as unlawful.'

Authors and Support for the Bill

The bill's authors are Members of Parliament Zavitnevych, Maslov, Zadorozhnyi, Pidlasa, Radina, and Klympush-Tsintsadze. The initiative has received backing from the Ministry of Defense, though the Parliament's Main Scientific and Expert Department has raised concerns about the clarity of the bill's wording.

Oleksiy Mendrukh, an expert with the Council, stated: 'A person has a [court] decision, but it cannot be executed because such an article does not exist in the law.'

Draft Law No. 13345 was registered on June 3, 2025, and was added to the parliamentary session agenda on February 10, 2026. If passed, this law could significantly alter the situation for those illegally mobilized, providing them a legal pathway to leave the army based on judicial rulings. This legislative effort highlights the ongoing challenges of balancing military needs with legal protections during wartime.

The adoption of Draft Law No. 13345 could mark a crucial step in safeguarding the rights of individuals conscripted in violation of the law. Recognizing illegal mobilization and enabling discharge via court order could positively impact the human rights situation in Ukraine. It would also send a strong signal to the state about the necessity of strict legal adherence in all mobilization processes.