Service from Abroad: Ukrainians and Foreigners Offered New Military Contract

A draft law proposes creating a new mechanism for voluntary enlistment in military service for people who are outside Ukraine. If draft law No. 15510 is adopted, the contract could be concluded at Ukrainian diplomatic missions, and its term would be from one to five years.

A draft law No. 15510 “On Amendments to Certain Legislative Acts of Ukraine Regarding the Introduction of Military Service under an International Voluntary Contract” has been registered in the Verkhovna Rada. The author of the initiative is Member of Parliament Serhii Hryvko.

The document proposes amending the laws of Ukraine “On Military Duty and Military Service” and “On Mobilization Training and Mobilization.”

According to the authors, the new mechanism should allow recruiting into the Defense Forces people who are located abroad at the time of enlistment.

Who will be able to sign the contract

The international voluntary contract is proposed to be made a separate type of contractual military service.

It could be concluded by:

Ukrainian citizens who are abroad;

foreign nationals;

stateless persons.

Service under such a contract would include the possibility of joining the Armed Forces of Ukraine, the State Border Guard Service, the National Guard, the State Special Transport Service, and other military formations.

The contract can be arranged through an embassy

One of the key proposals of the draft law is to allow concluding the contract outside Ukraine at a foreign diplomatic mission.

Authorized officials of the diplomatic service would establish the candidate’s identity, verify documents, and check for grounds that would prevent acceptance into military service.

Before signing the contract, the candidate must also undergo a determination of fitness for military service in terms of health, a professional-psychological selection, and other procedures provided by law.

The Cabinet of Ministers is to determine the specific procedure for conducting these measures abroad.

Service will last from one to five years

The international voluntary contract is proposed to be concluded for a term of one to five years.

At the same time, for such servicemembers they do not plan to apply the provision on automatic extension of the contract beyond the established term during a special period.

In other words, the extension of martial law by itself should not automatically increase the agreed term of service.

After the end of one contract, a servicemember may sign a new one if they wish.

Transfers — only with the servicemember’s consent

The draft law also provides a special guarantee regarding the place of service.

A servicemember who has signed an international voluntary contract is proposed to be transferred to another position, to another military unit or subdivision only with their consent.

When concluding the contract, the candidate’s preferences regarding the military formation and unit where they would like to serve should also be taken into account.

After service it will be possible to leave Ukraine

A separate provision envisages the right to cross the state border after the expiration of the international voluntary contract.

A servicemember will be able to leave Ukraine even during the period of martial law or a special period.

This is intended to be one of the guarantees for people who live abroad and are ready to come to Ukraine to serve for a clearly defined term.

Ukrainians will not be mobilized for three months after the contract

For Ukrainian citizens, the draft law provides an additional guarantee after the completion of service.

Those liable for military service and reservists who served under the international voluntary contract will not be subject to mobilization for three months after its completion.

At the same time, they may be called up during this period by their own consent.

Thus, the proposed provision will apply specifically to those Ukrainians who served under the new type of contract.

Foreigners will be able to serve under a new name

Certain provisions concern foreigners and stateless persons.

They are proposed to be allowed, at their own request, to serve under a new name. A document proving identity and other necessary documents could be issued in that name.

The authors of the initiative explain this by the need to provide additional security for foreign volunteers.

The Cabinet of Ministers is to determine the mechanism for implementing this possibility.

What rights volunteers will have

Servicemembers serving under the international voluntary contract will have the rights and social guarantees provided by law for servicemembers and their family members.

At the same time, the new mechanism should establish separate rules regarding the term of service, transfers, termination of the contract, and travel abroad.

The draft law is not in force yet

Importantly, No. 15510 is currently only a draft law. The proposed rules are not in force and do not yet allow concluding an international voluntary contract through an embassy.

For the document to come into force, it must be considered by the Verkhovna Rada, adopted, signed, and officially published.

If the law is adopted, the Cabinet of Ministers must ensure development and alignment of the necessary regulatory legal acts within three months.

Thus, draft law No. 15510 proposes creating a separate mechanism for voluntary enlistment in military service for people abroad — with the possibility of concluding the contract through diplomatic missions, a fixed term of one to five years, and special guarantees after the completion of service.

Earlier, StopCor wrote that employees subject to military service at critically important enterprises need properly executed reservation and transfer to a special military record to travel abroad for work. At the same time, if an employee already has another valid deferment, the system may refuse reservation, so lawyers advise not to hastily voluntarily cancel a previous deferment.