Mobilization Law Changed: Who with Criminal Records Can Now Be Drafted

Changes in Mobilization Rules in Ukraine

According to ХВИЛЯ: As of May 2024, Law No. 3633-IX came into effect in Ukraine, which changed the mobilization rules for individuals with a criminal past. Now, the automatic exclusion from military registration for most citizens with unexpunged criminal records has been abolished. This means that individuals who were previously ineligible for mobilization due to convictions for serious or particularly serious crimes are now subject to mobilization on general grounds, provided their crime is not on the so-called 'prohibited list.'

Prohibited Categories of Crimes

According to the new rules, there are categories of crimes that permanently close the way to the army. These include:

• crimes against the foundations of national security of Ukraine;
• intentional murder of two or more persons;
• murder with particular cruelty;
• sexual violence;
• terrorism;
• driving a vehicle while intoxicated, resulting in fatalities.

Additionally, for citizens serving sentences in correctional facilities, there is a mechanism for 'conditional early release' for military service under contract. This provides such individuals a chance to participate in military operations.

Experts point out that the mobilization of individuals with criminal records now depends on the decision of territorial recruitment centers (TRC). As Yuriy Aivazyan noted:

“They can be drafted. However, this is at the discretion of the TRC.”

Andriy Karpenko clarified that:

“It all depends on when such a citizen was convicted for the first time.”

Thus, the new law opens up new opportunities but also retains certain restrictions, depending on the circumstances of each individual case.

The changes made to the legislation can significantly affect the mobilization situation in Ukraine, as they allow a greater number of citizens who were previously deprived of such an opportunity due to their criminal records to be recruited for military service. This can influence the overall strength of the armed forces, but decisions on mobilization remain at the discretion of the TRC, indicating the need to consider the individual circumstances of each case. Thus, the new law may become an important tool in the context of the country's military policy.