Reservation won't help: why the TCC can mobilize employees from critical enterprises.

Why Could a Reserved Employee Be Mobilized?

Member of Parliament and member of the National Security, Defense and Intelligence Committee Alexander Fedienko stated that he received a response regarding the mobilization of a reserved employee. According to the reply from the head of the Mykolaiv Territorial Center for Recruitment and Social Support, it is now possible to revoke the deferment for an employee of a critically important enterprise, even if they were previously reserved.

"The problem with this situation is that it is now impossible to demobilize such a person. The enterprise loses a critically important worker. The entire reservation system relies on the trust of enterprises that reserve critically important employees under existing legislation," — said Alexander Fedienko.

He also noted that a conscripted individual may have a legally formalized reservation, but the staff of the Territorial Center for Recruitment did not enter this into the "Oberih" system.

"As I understand it, the orders from the Ministry of Economy are not considered orders for them. Thus, the communication operator specialist was mobilized," — he explained.

"Now, given that everything is done through "Diia", I hope this information will reach "Oberih", and it will be visible in "Reserve," — said the MP.

Cancellation of Reservation: When Is It Possible?

• when the employee is no longer employed at a critically important enterprise;
• if the enterprise that issued the reservation has not passed the verification, which will last until February 28.

It was noted that reservations are issued through "Diia.City" or the Ministry of Social Policy, resulting in the confirmation of the reservation fact being entered into the "Oberih" database by the Territorial Center for Recruitment, if it was not done previously. However, if an individual has left the enterprise and the corresponding report is submitted by the employer, then the Territorial Center for Recruitment will make changes to the "Oberih" registry based on the report reconciliation indicating that the reservation is no longer valid.

"A similar situation occurs when the enterprise has not confirmed its critical status, then the Territorial Center for Recruitment removes the information about the employee's reservation," — explained the lawyer.

According to Yekaterina Anishchenko, there are frequent cases where the Territorial Center for Recruitment mobilizes a person with a reservation. In particular, there is relevant court practice regarding this issue. She pointed out that the conscription of a person with a reservation is unlawful. However, if such a case occurred with a conscripted man who is in the process of formalizing documents for a reservation, then the actions of the Territorial Center for Recruitment are considered legal, as the process of reservation is not a reservation in the classical sense.

However, for a person with a reservation who was mobilized into the army by representatives of the Territorial Center for Recruitment, Anishchenko advises seeking legal recourse.

"The grounds for cancellation are clearly outlined in the 560th resolution of the Cabinet of Ministers. For example, if the person has ceased to work, or the enterprise has lost its status as critically important," — said Rostislav Kravets.

He advises individuals who have lost their reservation to contact authorized personnel at their enterprise who handle reservations and clarify the circumstances that led to this. Afterward, it is important to address the issue based on what will serve as the basis. One can also reapply for a reservation through "Diia" or go to court if the Territorial Center for Recruitment has exceeded its authority.

According to the lawyer, if a person with a reservation has been mobilized, such actions can be challenged.

Recall that on December 26, the Deputy Prime Minister for Innovations, Education, Science, and Technology, head of the Ministry of Digital Transformation Mykhailo Fedorov announced the resumption of reservations from mobilization through "Diia" following the attack by the Russian Federation on the state registries of the Ministry of Justice. He noted that the "Diia" portal will automatically pull data on conscripted individuals eligible for reservation and verify their compliance with the requirements.

It was previously reported that the Ministry of Youth and Sports changed the criteria for reservations from mobilization. Additionally, the requirements for enterprises and institutions that are of vital importance to the national economy have been updated.