“The provisions of the Law “On Military Duty and Military Service” provide that women who are fit for military service due to their health and age and who have graduated from professional, professional pre-higher or higher education institutions and have obtained a medical or pharmaceutical specialty, are subject to being entered into the military register of conscripts. Women who are on military registration can be called up for military service”, — write on: ua.news
The provisions of the Law “On Military Duty and Military Service” provide that women who are fit for military service due to their health and age and who have graduated from professional, professional pre-higher or higher education institutions and have obtained a medical or pharmaceutical specialty, are subject to being entered into the military register of conscripts.
Women who are on the military register may be called up for military service or involved in work to ensure the defense of the state in wartime on a voluntary basis.
Regarding automatic military registration
Institutions of professional (vocational and technical), professional preliminary or higher education, which train women in the medical or pharmaceutical specialty, within seven days after obtaining the relevant education, submit a list of such women in the form in accordance with Appendix 14 of the Procedure for maintaining military records to the district (city) territorial centers of recruitment and social support (hereinafter – TCC and SP) at the declared/registered place residence of such women.
This information is the basis for entering the TCC and SP into the Unified State Register of conscripts, conscripts and reservists information about such women as conscripts with the determination of the number of the military registration specialty (without determining the degree of their suitability for military service).
Regarding the necessary arrival to the centers of procurement and social support
Women who have obtained an education in the medical or pharmaceutical specialty are required to come to the TCC and SP at their declared/registered place of residence within 60 days after obtaining the relevant education to determine their suitability for military service.
Regarding the military registration of female doctors in private clinics
Heads of state bodies, local self-government bodies, enterprises, institutions and organizations notify the relevant TCC and JV about women who work in the specified bodies, enterprises, institutions and organizations and who have received an education in a medical or pharmaceutical specialty and are not on the military register at the TCC and JV.
Thus, the employer informs about such an employee, but does not perform the registration procedure.
Regarding the return to Ukraine and military registration of women doctors who are abroad under the mechanism of temporary protection
According to the current legislation of Ukraine, restrictions on travel abroad during martial law apply exclusively to male citizens of Ukraine aged 18 to 60 who are subject to military registration and mobilization.
Women who have a medical or pharmaceutical education and are conscripted are not restricted in their right to travel abroad, even during the period of general mobilization.
Accordingly, women who are abroad under the temporary protection program or on other grounds cannot be forcibly returned to Ukraine for military registration, mobilization or military service.
Regarding responsibility
The main type of liability is administrative, which provides for fines for evasion of registration or for failure to submit/lately update account data.
Criminal liability can arise only in the case of actual evasion of mobilization after receiving a summons.
However, at present, the practice of bringing women who, according to the law, are subject to military registration, to administrative or criminal responsibility is rare.
Conclusions
Military registration of women with medical or pharmaceutical education is exclusively a registration measure and is not equated with mobilization, i.e. it does not in itself mean mandatory conscription or military service without a corresponding decision of the state.
Halyna Chernyakina, lawyer of JSC « Barristers »
