Reservation of conscripts and military law

Regulatory foundations of reservation
The institution of reservation is primarily enshrined in the Law of Ukraine “On Mobilization Preparation and Mobilization” No. 3543‑XII, which defines the purpose and general principles for granting deferment from conscription to reservists. Article 24 of this Law directly establishes that reservation is carried out to ensure the uninterrupted functioning of state authorities, local self‑government bodies, enterprises, institutions and organizations during a special period.
Implementation of these provisions is detailed by government resolutions, in particular Resolution of the Cabinet of Ministers of Ukraine dated 27.01.2023 No. 76 and the new changes adopted by Resolution of the CMU dated 30.05.2026 No. 692, which updated the criteria and procedure for reservation. Thus, military law creates a multi‑level structure: a basic law, a special reservation procedure and departmental instructions of the General Staff, the Ministry of Defence and sectoral ministries.

Purpose of reservation: balance between army and economy
The conditions of general mobilization and martial law compel the legislator to seek a balance between the need for rapid reinforcement of the Armed Forces and the necessity to maintain the operation of the energy system, transport, defence industry, healthcare and other critical sectors. That is why the government does not cancel reservation for business but constantly adjusts the criteria so that deferment is granted to employees without whom processes in the state and economy would effectively stop.
Reservation is essentially a temporary deferment from mobilization tied to the status of the enterprise and defence needs, rather than to the subjective desire of an individual. This means that any decision on reservation always has a public‑law nature and is made in the interests of the state, even when it appears as “protection” of an employee from conscription.

Who can obtain reservation in 2026
The reservation system is built around enterprises, institutions and organizations recognized as critically important for the economy and the livelihood of the population or those that fulfil mobilization tasks or produce goods and services for the needs of the defence forces. Article 25 of the Mobilization Law links the right to reservation to the official status of a legal entity: critically important business, the existence of mobilization tasks or participation in defence production.
Employees of such entities can obtain reservation only through their employer and not by personal application, which makes it impossible to “arrange reservation” individually bypassing the status of the enterprise. The sectors where reservation is used most frequently include energy, transport, IT and cybersecurity, healthcare, defence industry, agriculture, media and utilities, as their suspension would have direct consequences for defence and the rear.

Salary criteria and quotas
The most debated block of the 2025–2026 updates has been the requirements for the level of wages of reserved employees and enterprises as a whole. From 1 January 2026, to confirm the critical status of a business and maintain reservation, a minimum salary level of about 21,617.5 UAH per month has been set both for an individual employee and as a threshold for the average wage at the enterprise.
Additionally, CMU Resolution No. 692 introduced a higher threshold of three minimum wages (about 25,941 UAH) for the general category of critically important enterprises and 2.5 minimum wages (about 21,618 UAH) for front‑line territories. In the classical model, a limit of 50% of reservist employees who may be reserved applies, although for certain categories – particularly the fuel‑and‑energy sector – this restriction is lifted and reservation of all necessary employees is allowed.

Terms and procedure of reservation
The reservation procedure has strictly regulated timelines, which is especially important given the constant changes in mobilization legislation. As a general rule, lists of reserved employees are processed within up to 72 hours, while in the period from late 2025 to 1 February 2026, shortened timelines of up to 24 hours applied for certain categories.
In 2026, control over the relevance of military registration data has also been strengthened: there is a critical period of 45 days for correcting discrepancies in registry and e‑cabinet data, and failure to meet these requirements may result in cancellation of reservation. Separate rules allow defence enterprises to reserve employees even in the presence of military registration violations, but only for a short period and provided such violations are remedied.

Digital tools and control
Digitalization of reservation processes and control over the status of reservists is becoming a key element of modern military law. Enterprises are obliged to submit information on the total number of reservist employees, including by generating data from state registers via the “Diia” portal.
Reserved employees themselves can check their status and the validity period of their reservation through the “Reserve+” application or by generating a “Reserve ID” on the “Diia” portal, which reduces the risk of abuses and errors. At the same time, interaction between enterprises and Territorial Recruitment Centers, the Labour Inspectorate and the Tax Service is intensified, regular reconciliations of lists are carried out, and errors or intentional violations may lead to fines, loss of critical status and cancellation of reservation.

Military law: deferment, cancellation of reservation and liability
Within the system of military law, reservation is not an absolute “immunity” but is regarded as a conditional and temporary deferment that may be changed or revoked by decision of competent authorities. Changes in the criteria of business criticality, detection of document irregularities, non‑compliance with wage requirements or quotas may constitute grounds for cancellation of employees’ reservation and revision of the enterprise’s status.
At the same time, military law provides for liability of both employers and reservists in cases of violation of registration rules, false data in lists or attempts to evade mobilization through fictitious reservation schemes. Given the complexity of regulation, proper management of military registration, correct document preparation and timely updating of information become crucial tasks for financial directors, HR departments and corporate lawyers.
If you face questions or problems related to applying reservation rules in your company, preparing documents for the Territorial Recruitment Center or assessing the risks of cancellation of reservation, you should obtain individual legal advice that takes into account the specifics of your sector and the status of your business.
Author: Ihor Yasko, Managing Partner of JSC “Legal Company ‘WINNER’”, PhD in Law.