Can relatives of a reservist be conscripted if they already serve in the Armed Forces of Ukraine?
Ukraine is currently undergoing general mobilization and has declared martial law, which entails the conscription of reservists, primarily men who receive military summons.
However, a pressing question arises: is it possible to draft a brother or father if a close family member is already serving in the Ukrainian Armed Forces? Military legal expert Danilo Goncharenko from the law firm ‘Prykhoiko and Partners’ explains the legal nuances of this situation.
According to Ukrainian law, specifically the laws on ‘Mobilization’ and ‘Military Service,’ having close relatives already serving in the military does not constitute a valid grounds for exemption or deferment from conscription.
Standard mobilization rules remain applicable.
The expert also points out that family members of soldiers who have perished or gone missing during their service may be exempted from conscription upon official documentation and registration with the Territorial Recruitment and Social Support Centers (TССК).
Regarding cases where a family member was killed in the context of military operations, Ukrainian law provides for deferments for relatives of those who died during combat zones such as ATO, OOS, or due to Russia’s military aggression.
This includes spouses, parents, children, and siblings of service members or law enforcement officers killed while performing their duties.
However, if the deceased relative is a second cousin or more distant, such deferments are not granted.
It is essential to emphasize that these deferments are not automatic; they require official processing and submission of documentation to relevant authorities.
The legal provisions specify that the right to deferment applies to those who have lost close relatives during active military operations, whether serving in combat zones, working for enterprises supporting military activities, or within volunteer formations integrated into the Ukrainian military or law enforcement agencies, especially since the large-scale Russian invasion started in 2022.