The beginning of any changes must have a justification for their necessity. Although no one seems to have any direct questions or contradictions regarding the need for clear terms of service for those mobilized from the first days of the full-scale invasion, we suggest that you familiarize yourself with the explanatory note to the law.
Thus, the new law “on clear terms of service” in 2026 proposes to amend some laws of Ukraine to improve the conditions for concluding a contract for military service and providing a deferral from conscription during mobilization.
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Goal
The purpose of developing the draft Law of Ukraine “On Amendments to Certain
Laws of Ukraine Regarding Improving the Conditions for Concluding a Contract for
Military Service and Providing a Deferral from Military Service During
Mobilization” (hereinafter referred to as the draft act) is to create conditions for the transition of the defense forces to
staffing with military service personnel under a contract.
Justification of the need to adopt the act
The need to adopt the draft act is due to the need to create
appropriate legal conditions for the popularization of military service under contract,
increasing its prestige and attractiveness among citizens . This is especially
important in the conditions of martial law, when the issue of staffing the defense forces
with motivated servicemen becomes paramount.
The adoption of the act will contribute to the implementation of state policy in the field of defense,
aimed at strengthening the combat capability and increasing the efficiency of the defense forces .
The development of the institution of military service under contract is a key factor in
ensuring the stability of a professional army that meets modern challenges and
needs of the state.
A separate task is to introduce more flexible and understandable mechanisms
for concluding and extending contracts, including the possibility of concluding a new
contract by servicemen who are already serving under a contract ,
in particular those with whom the contract was concluded before the end of a special period or before
the announcement of demobilization, or whose contract term was extended beyond
the established terms. It is believed that such an approach will ensure
continuity of service and increase the motivation of personnel.
An important aspect is also the formation of the personnel potential of a professional
army for the future. Creating conditions for long-term planning and development
of military service under a contract will contribute to the training of highly qualified
personnel capable of effectively performing tasks to protect the state.
In addition, the act provides for the establishment of a new basis for deferring
conscription during mobilization for military servicemen and
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reservists from the date of their discharge from military service under a contract concluded during
a special period. This will provide an opportunity for rest, recovery
and, if necessary, medical and social rehabilitation, which is an important
element of social protection of military personnel.
In the complex, the above measures are aimed at increasing the effectiveness
of personnel policy in the field of defense, ensuring the proper functioning
of the system of military service under a contract and strengthening the defense capability of the state.
Main provisions of the draft act
The draft act provides for amendments to Articles 19, 20 and 23 of the Law of
Ukraine “On Military Duty and Military Service” , which propose:
- provide the opportunity to conclude or renegotiate contracts with increased
motivational factors for military personnel who are performing military
service by conscription during mobilization, for a special period, by conscription from among
reservists, as well as for those who are already in military service under a contract;
- to provide for the possibility of accepting military service under a contract with
increased motivational factors for servicemen from other types
of service and those liable for military service; - to set the terms of contracts during the special period within the range of one
to five years, with the possibility of renegotiating the next contract for a period of 1 to 10
years; - provide the opportunity to renegotiate contracts with increased motivational
factors with graduates of institutions of professional pre-higher and higher military
education.
In addition, the draft act provides for amendments to Article 23 of the Law
of Ukraine “On Mobilization Training and Mobilization”, which establishes
the right of citizens of Ukraine who served in military service under a contract with
increased motivational factors and were discharged after the expiration of
its term, to a deferment from conscription for twelve months from the date of discharge from
military service under the contract.
Financial and economic justification
The implementation of the act requires additional funding from the state budget.
In accordance with the requirements of § 34 of the Regulations of the Cabinet of Ministers of Ukraine,
approved by the Resolution of the Cabinet of Ministers of Ukraine dated July 18, 2007 No. 950
(as amended by the Resolution of the Ministers of Ukraine dated November 9, 2011 No. 1156),
the financial and economic calculations sent by the Ministry of Defense of Ukraine to
the Ministry of Finance of Ukraine and the Ministry of Economy, Environment and Agriculture
of Ukraine on 20.10.2025 under No. 220/17973 are attached.
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Position of interested parties
The draft act does not require public consultations.
The draft act does not require public consultations in accordance with
the Procedure for Public Consultations on the Formation and
Implementation of State Policy, approved by the Resolution of the Cabinet of Ministers
of Ukraine dated November 3, 2010 No. 996 “On Ensuring Public Participation in
the Formation and Implementation of State Policy”.
The draft act does not concern the sphere of scientific and scientific and technical activities and was not submitted
for consideration by the Scientific Committee of the National Council for the Development of Science and
Technology.
Conformity assessment
The draft act does not contain provisions that:
relate to Ukraine’s obligations in the field of European integration;
relate to the rights and freedoms guaranteed by the Convention for the Protection of
Human Rights and Fundamental Freedoms;
affect the provision of equal rights and opportunities for women and men;
contain risks of committing corruption offenses and offenses
related to corruption;
create grounds for discrimination.
The draft act does not require a public anti-corruption and
public anti-discrimination examination.
Forecast of results
The implementation of the provisions of the draft act will contribute to the creation of a stable and
effective system of staffing military units with
contract servicemen, which will reduce dependence on mobilization measures and
ensure more predictable personnel planning in the defense sector.
The introduction of additional social guarantees, in particular the right to defer
conscription for military service during mobilization for twelve months
after discharge from contract military service, will increase the level of social
protection of military personnel and facilitate their adaptation after service.
The implementation of the act will not have an impact on the market environment, ensuring
the protection of the rights and interests of business entities, citizens and the state; regional development, increasing or decreasing the capacity of territorial communities;
labor market; employment level of the population; public health, improvement or
deterioration of the health of the population or its individual groups; ecology and
the environment, the volume of natural resources, the level of pollution
of atmospheric air, water, land, in particular pollution by generated waste,
other common relations.
