Government prepares conscription exemption reform: scrapping automatic quotas and introducing new rules for business

The Cabinet of Ministers of Ukraine has completed the development of updates to the current procedure for exempting workers from mobilisation. The main changes will affect the definition of critically important enterprises, the establishment of permissible quotas for staff protection, and the strengthening of sanctions for evading military duty. In parallel, the government is working on a separate instrument that will allow companies to register conscription exemptions for their entire staff if they fulfil their mobilisation obligations.

Head of government's position on the reform

The initiative was supported by Prime Minister Serhiy Koretskyi. He noted that the number of people receiving conscription exemption status increases by tens of thousands every month. At the same time, the head of the government emphasised that military personnel who have been defending the state for the fifth year need a clear prospect of returning home. Reviewing the existing rules is intended to make them more understandable and close loopholes for abuse.

Four key areas of change

Updating criticality criteria

The status of a critically important enterprise is planned to be separated from its economic indicators. Priority will remain on protecting organisations whose inactivity would threaten defence capability or the functioning of the economy. These sectors include the defence industrial complex, energy, communications, logistics, and housing and communal services.

According to Koretskyi, the basic approach to recognising criticality for these industries will not change. However, industry and regional criteria are subject to review and verification for possible abuses.

Abandoning the automatic full quota

The government intends to abolish the practice of automatically establishing 100% conscription exemptions, which currently applies, among others, to energy and defence enterprises. This decision is explained by the need to counter abuses, where certain companies were created solely to register conscription exemptions.

At the same time, weapons manufacturers and critical infrastructure operators retain the ability to apply for an increased limit. To do so, the employer will have to submit a reasoned application to the Coordination Centre, demonstrating the need for a larger number of exempted workers to ensure continuous production.

Strengthening liability

A separate block of changes is dedicated to liability for evading military service. The relevant measures will be strengthened by the Ministry of Defence of Ukraine. The Prime Minister emphasised the principle of equality: requirements must apply equally to all citizens.

Full exemption mechanism through voluntary rotation

In addition, a new procedure is being prepared under which enterprises will be able to exempt 100% of their staff. The condition is the regular provision of voluntary enlistment of a portion of workers into military service.

According to the draft, a worker will know the place and duration of service in advance, and their job and salary will be preserved. The details of this mechanism are being coordinated by the Ministry of Defence, the Ministry of Economy, and the business community.

Deadlines and expected results

The government plans to complete the development of the full exemption mechanism by 1 December. The new approach is intended to create the preconditions for the rotation of military personnel who have been at the front line for a long time. Citizens who voluntarily agree to serve should receive an understanding of the duration and conditions of service.

The ultimate goal of the reform, as Koretskyi emphasised, is to form a system where everyone understands their rights and obligations, and the process of enlistment becomes understandable.

Does this mean an intensification of mobilisation?

The Prime Minister warned that the announced decisions do not provide for an immediate intensification of mobilisation measures. The focus is primarily on streamlining the conscription exemption system and preventing its misuse.

At the same time, the head of the government reminded that Ukraine must take into account various scenarios, including the likely intensification of mobilisation in Russia.

It is worth noting that in Ukraine, lawyers and attorneys do not have an automatic right to a deferment from mobilisation due to their professional activity. Despite the special status of the legal profession, general conscription rules during martial law apply to its representatives. At the same time, under certain circumstances, lawyers may receive a deferment or conscription exemption in accordance with the law.