Cabinet of Ministers prepares changes to conscription exemption rules: limit may be lowered to 85%

Government working on optimising the employee protection mechanism

The Cabinet of Ministers of Ukraine continues to develop amendments to the current system of conscription exemption for liable persons. A key aspect of the discussions is the need to review the practice of full (100%) staff exemption, as the existing model creates preconditions for abuses.

Prime Minister Serhiy Korytskyi, answering questions from MPs in the Verkhovna Rada, clarified that no final decision has yet been made. He emphasised that the relevant government decree is at the stage of further refinement, and the specific parameters of the new rules will only become known after its final adoption and publication.

85% limit for critical sectors

The intensity of the debate increased after media reports emerged about the possible establishment of an exemption cap at 85% for enterprises in the defence industry complex (DIC) and the energy sector. Under the previous procedure, companies deemed critically important for the needs of the Defence Forces had the right to exempt a significantly larger proportion of their employees from conscription in many cases.

At the same time, the head of the government assured that no radical changes are planned for enterprises that are strategic for the defence industry and energy sectors, which could threaten their operations.

Position of the defence sector and the Ministry of Defence

Representatives of the defence industry have expressed concern about such initiatives. They believe that lowering the percentage of exempted employees could lead to a labour shortage and complicate the fulfilment of state defence contracts.

The Ministry of Defence had previously emphasised that staff of DIC enterprises fulfilling state orders and increasing production need to be provided with the maximum level of exemption. At the same time, the ministry stressed that the system must be differentiated and take into account the actual contribution of each specific company to meeting the needs of the military.

Status of the regulatory document

On 13 October, the Cabinet of Ministers already considered a draft decree regulating the organisation of conscription exemption for liable persons. The document was returned for further refinement, in particular for additional coordination of provisions concerning specific exemption percentages.

Thus, it is premature to claim that 100% exemption has already been abolished. The government is in the process of forming the final model, attempting to achieve a balance between three priorities: mobilisation needs, combating abuses, and retaining qualified personnel at critically important enterprises.

Current legislation allows for the exemption of employees of enterprises that are critically important for meeting the needs of the Armed Forces, other military formations, or the functioning of the economy during a special period. The final rules and percentage indicators will be published after the completion of work on the decree.