INTRODUCTION OF ECONOMIC RESERVATION OF PERSONS LIABLE FOR MILITARY SERVICE IN UKRAINE: PROBLEMATIC ASPECTS OF LEGAL REGULATION

Abstract

Purpose is to determine certain aspects of legal regulation of the introduction of economicreservation of persons liable for military service in Ukraine in the context of ensuring a balancebetween the needs of mobilisation and the functioning of the state economy.Methods: analysis and synthesis, comparative legal, logical and legal.Results. The article is devoted to the problematic issues of legal regulation of the introductionof economic reservation in Ukraine in the context of ensuring a balance between the needsof mobilisation and the functioning of the State’s economy. The author analyses the currentmechanism of reservation of persons liable for military service for the period of mobilisation andwartime. The author describes the draft laws submitted to the Verkhovna Rada of Ukraine aimedat introducing economic reservation in Ukraine. The author summarises that four models ofeconomic reservation have been formed at the level of draft laws: based on the criterion of wages;based on the criterion of paying a single social contribution of more than the equivalent of fiveminimum wages; and a mixed model: 1) payment of a steady military fee for business entities in the amount of 1.200 non-taxable minimum incomes and at least three times the amount of the militaryfee for individual entrepreneurs; 2) based on the criterion of a salary of at least UAH 36.336 permonth for an enterprise, institution, organisation and a military fee of at least three times theamount of the military fee for individual entrepreneurs. It is emphasised that certain provisionsin the draft laws on the introduction of economic booking may be called discriminatory on thefollowing grounds: 1) property inequality in the context of analysing the economic reservationmodel based on the salary criterion; 2) allocation of certain categories of business entities whoseemployees may be reserved (applies to draft laws which do not establish reservation requirementsfor individual entrepreneurs). The author examines the legislative provisions, court practice andprovisions of international treaties prohibiting discrimination on any grounds.Conclusions. The article determines that improvement of the mechanism of reservation of personsliable for military service is impossible without legislative regulation of the demobilisationprocedure, for example, by introducing a fixed-term discharge from service. Ensuring the equalityof rights, freedoms and obligations of all citizens will help to overcome the social dilemma in theState caused, on the one hand, by the need to provide human resources at the front, and, on theother hand, by the need to ensure the normal functioning of the country’s economic system.