THE LEGAL MECHANISM FOR BOOKING CONSCRIPTS IN UKRAINE: MEETING THE CHALLENGES IN RETROSPECTIVE ANALYSIS

Abstract

The article analyzes the effectiveness of the legal mechanism for booking conscripts in Ukraine during mobilization under the legal regime of martial law, in particular, the problems of the existing booking algorithm for the relevant periods (which the authors aim to isolate), the powers of the relevant state bodies regarding its step-by-step implementation. The possibility of achieving a fair balance between the interests of the state and its defense capabilities in the booking process is analyzed, including ways to eliminate discrimination, positive practical improvements and still existing shortcomings that require refinement or elimination are identified. It is established that at present the issue of mobilization is a key issue of the military security of the state, and not only the opportunity to resist the aggressive policy of the Russian Federation on the battlefield, but also the issue of the survival of the Ukrainian nation and the existence of our country as an independent, sovereign and united country. Since in the conditions of Russia’s war against Ukraine, the need to staff the Defense Forces with high-quality, militarily trained and motivated human resources (especially considering the many times superior mobilization potential of the aggressor state) is a guarantee of gaining tactical, operational and strategic advantage over the enemy. Therefore, special attention is required to the legislative regulation of conscription for military service by mobilizing individuals with a high level of education and experience in high-tech areas (IT technologies, cybersecurity, combat use of unmanned systems, artificial intelligence, etc.). It has been revealed that today the legal regulation of mobilization in general and reservation, in particular, are discriminatory in nature towards different categories of citizens liable for military service and does not provide an equal approach depending on the needs of staffing the Defense Forces, taking into account age, education, practical experience, family status, health status, etc. The need to amend the current regulatory legal acts on mobilization, including reservation, is substantiated in order to increase motivation for military service, ensure social protection of mobilized citizens, improve the work of territorial recruitment and social support centers, protect the rights, freedoms and interests of citizens during mobilization and reservation under martial law.