Is mandatory participation in court proceedings a valid ground for postponement of mobilization?
Received: 26.06.2025
Attachments: 2The request was submitted to the Ministry of Defence of Ukraine to obtain an official clarification on the following issue:
whether a person who has scheduled court hearings and is an official participant in a court proceeding — in particular, as a defendant, victim, witness, claimant, or respondent — can be subject to mobilization.
The purpose of the request is to clarify whether the current legislation of Ukraine provides for a deferral from mobilization or other legal guarantees for individuals whose participation in court proceedings is mandatory, and to determine which legal acts regulate this matter ... Read more ⇢
Absence of Legal Status for “Recruits” under Geneva Conventions and NATO Standards
Received: 30.06.2025
Attachments: 2The request was submitted in order to obtain legal clarification on the term “recruit” in the context of Ukrainian legislation, international humanitarian law, and the current practice of the armed forces.
The questions concerned both the internal status of this term (its usage in Ukrainian legal acts and Armed Forces statutes) and its correlation with international standards (UN documents, the Geneva Conventions, NATO practices).
Specific issues included the duration of service, correspondence with military ranks and positions, and the legal distinction between a “recruit” and a full-fledged servicemember.
The analysis of the response provided allows for the following conclusions:
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The term “recruit” does indeed appear in Ukrainian normative documents, particularly in the Regulation on the Military Service of Citizens of Ukraine in the Armed Forces, as well as in the List of Staff Positions approved by Ministry of Defense Order No. 317 of 07.09.2020. However, its legal status remains undefined, as: ... Read more ⇢
The Ministry of Defense of Ukraine stated that it does not have an official legal definition for the term “Motherland”
Received: 08.09.2024
Attachments: 2In its official response, the Ministry of Defense of Ukraine stated that it does not possess a normative definition of the term “Motherland” and is not the custodian of information on this matter. At the same time, the ministry claims that this term is used in the Constitution of Ukraine and several laws as a “commonly understood” concept that allegedly does not require further interpretation.
However, such a position is not only legally vulnerable but also exposes a deep contradiction within Ukraine’s legal system. The term “Motherland” does appear in Article 65 of the Constitution, which states: “Defense of the Motherland, independence, and territorial integrity of Ukraine is the duty of Ukrainian citizens.” Yet, Article 17 of the same Constitution declares that the defense of Ukraine’s sovereignty and independence is the responsibility of “the people of Ukraine.”
There is no clear legal connection in Ukrainian law between “citizen” and “people,” especially since the adoption of Law No. 1616-IX “On Indigenous Peoples of Ukraine” and Law No. 2827-IX “On National Minorities,&rdq ... Read more ⇢
The term “military aggression” is absent in the Central Legal Department of the General Staff of the Armed Forces of Ukraine
Received: 05.04.2024
Attachments: 3In the official response provided by the Central Legal Department of the General Staff of the Armed Forces of Ukraine (No. 316/1553 dated April 5, 2024), it is explicitly stated that this body has no regulatory or legal acts containing a definition of the term “військова агресія” (“military aggression”).
Thus, despite the repeated use of this expression in the decrees of the President of Ukraine — in particular, in the Decree on the Introduction of Martial Law (No. 64/2022) and the Decree on General Mobilization (No. 69/2022), where the war is described as “military aggression of the Russian Federation against Ukraine” — the term itself has no normative definition within the Ukrainian legal framework.
Moreover, the Central Legal Department directly refers to Article 1 of the Law of Ukraine “On the Defense of Ukraine,” which employs the term “armed aggression” rather than “military aggression.”
... Read more ⇢
Clarification from the Armed Forces of Ukraine: TRC & SS Cannot Legally Declare Civilians “Wanted,” but Coordinate with Police for Detentions and Forced Delivery
Received: 21.06.2025
Attachments: 2The official response provided by the Personnel Directorate of the Ukrainian Ground Forces Command on June 24, 2025, constitutes a direct acknowledgment of a violation of Ukrainian law. In this letter, the Ministry of Defense of Ukraine formally confirms that Territorial Recruitment Center and Social Support Centers (TRC & SS) — the Ukrainian abbreviation for “Terytorialni tsentry komplektuvannia ta sotsialnoi pidtrymky” (TCK ta SP - on ukrainian) — donot have any legal authority to place civilians on official “wanted” lists.
However, the same document admits that TRC & SS routinely contact the National Police with requests to detain and forcibly deliver civilians — allegedly for violations of military registration rules — to the nearest military enlistment office. In practice, this means that the Ministry is describing a system of enforced tracking and detention that operates not through judicial orders or legal proceedings, but via internal administrative instructions within the military structure.
This practice const ... Read more ⇢
Official Statement from the Ministry of Defense of Ukraine Confirming That the Term “Draft Dodger” Has No Legal Definition or Status in Ukrainian Law
Received: 19.06.2025
Attachments: 1This official response from the Legal Department of the Ministry of Defense of Ukraine was issued following a public inquiry requesting clarification on the use of the term “ukhyliant” (translated as “draft dodger” or “evader”) — a word widely used in Ukrainian media and public discourse to stigmatize citizens allegedly avoiding mobilization.
The purpose of the inquiry was to determine whether this term has any official or legal definition in Ukrainian legislation and whether its usage in public communication by state officials or media outlets has any lawful basis.
In its official reply, the Ministry of Defense explicitly confirmed that the term “ukhyliant” is absent from Ukrainian legislation and is not used by the Ministry in any official documents or normative acts.
The letter also clarifies that such terminology does not fall under the scope of “public information” as defined by law, since it has no legal foundation or codified meaning within the Ukrainian legal system. Therefore, its use in public rhetoric, including by go ... Read more ⇢
