Authors: Oleksandra Deineko, Visiting Researcher, Norwegian Institute for Urban and Regional Studies (NIBR), Oslo Metropolitan University, and Vilde Hernes, Research Fellow, Oslo Metropolitan University
The opinions expressed in this article are those of the author and do not in any way represent the editorial position of Euronews.
The need to strengthen the Ukrainian military in preparation for a fight against Russia is posing a new dilemma for European governments: how to deal with a growing population of ethnic Ukrainians who may no longer be able to renew their documents, write Oleksandra Deineko and Vilde Hernes.
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Will Europe become home to a flood of new illegal refugees?
On May 18, a new Ukrainian Mobilization Law came into force, changing regulations regarding Ukraine’s mobilization process, military service, and military registration in order to strengthen the Ukrainian Armed Forces and ensure Ukraine’s continued defense against ongoing Russian aggression.
The new mobilization law has sparked intense political debate in Ukraine, but it is not just a domestic issue: its ripple effects will create tough dilemmas for both millions of Ukrainians living abroad and European governments.
So what does this new law mean for the millions of Ukrainians who have fled the country, and for the European governments that host them?
The main implications of the new mobilization law for Ukrainians, which affects those living inside Ukraine and abroad alike, concern amendments regarding who is and is not subject to registration, mobilization and military training, as well as the consequences of not complying.
First, the new law will lower the age limit for conscription from 27 to 25. It will also introduce mandatory basic military service for those between the ages of 18 and 25.
A more technical, but potentially very impactful, change is the removal of the category of “limited fitness for military service”, which previously meant that some were exempt from deployment to the front line.
The change means most people who were previously considered to be of “limited eligibility” will have to be retested within nine months.
Health check-up, a dilemma
Secondly, one of the main new obligations in the new law is that Ukrainian men between the ages of 18 and 60 (and women with a medical or pharmaceutical education) must update their data in the military registration within 60 days.
Updating military roster data does not mean automatic conscription into military service, but it can be an important prerequisite for subsequent mobilization.
At first glance, this data update requirement may seem purely technical, but it has a number of implications for Ukrainians living abroad.
First, although the law allows for this data to be updated electronically from overseas, the new regulations will also require medical re-examination to meet the requirements.
As medical examinations cannot be conducted electronically, Ukrainians living abroad will then be required to take new medical examinations in person and may have to return to Ukraine to fulfil the obligation.
Second, although the new Mobilization Act does not explicitly address this issue, the updated information may allow subpoenas to be sent electronically in the future.
This raises the question: what will be the consequences if Ukrainian men abroad, and the European countries that host them, do not update their military registration data?
There is no obligation, but the question remains
All Ukrainian citizens who fail to comply with the new requirements will be subject to fines, which may increase significantly. If you do not pay the fines, your property and assets may be seized. You may also be banned from driving a car.
An additional impact for Ukrainians living abroad is that failure to update their military register data will mean they will no longer be able to receive consular services from Ukrainian institutions abroad. One of the key implications of this restriction is the inability to issue or renew passports.
This latter point can cause problems with identification and mobility, for example if they need to cross European borders or if they want to visit their home country across the Ukrainian border. This can lead to legal and social isolation from their home country.
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Thus, Ukrainian men abroad are faced with a major dilemma: should they comply with the new requirements set out in the new law or ignore them?
Updating information on military lists, while avoiding new requirements, would create uncertainty about potential mobilization and could lead to loss of passports and severing ties with Ukrainian authorities and society.
Current legislation does not include the possibility of digital summons, but there are indications that the Ukrainian government will significantly step up military recruitment in the near future.
However, Ukrainian government representatives have stated that Ukraine will not forcibly repatriate conscripted men from abroad, and Ukrainian lawyers have also concluded that there is currently no coercive mechanism for the repatriation of conscripted soldiers to Ukraine.
Ukraine’s general need to strengthen its military in preparation for a fight with Russia presents a new dilemma for European governments.
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How do we deal with a possible future increase in the population of Ukrainians who may not be able to renew their documents (e.g. passports)?
Most importantly, how do we weigh the dilemma of supporting Ukraine’s self-defense by facilitating the return (voluntary or forced) of citizens belonging to groups subject to forced mobilization, versus ensuring human rights by providing protection to people fleeing the war?
Are European governments responding significantly differently?
European countries have adopted a more unified response to accepting Ukrainian refugees compared to previous influxes of asylum seekers, but there remain significant differences in the overall reception and rights of Ukrainians in host countries.
European governments are also sending differing signals about how they will respond to the impact of the new mobilisation laws.
For example, Polish authorities have indicated that they may stop issuing residence permits to conscripted Ukrainian men if requested by the Ukrainian government, but the German government has already assured Ukrainian citizens the possibility of obtaining a German travel document in lieu of a passport.
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It remains to be seen whether European governments will tackle these issues at a national or EU level, but early signals from European governments suggest that national responses may vary significantly.
Either way, European governments will likely have to deal with a growing number of Ukrainian refugees without valid identity documents.
The fear of being deported to Ukraine and serving on the front line also increases the risk that the number of unregistered Ukrainians in European countries will grow, potentially creating a new large group of illegal immigrants in the European community. Is Europe prepared for that?
Oleksandra Deineko is a visiting researcher at the Norwegian Institute for Urban and Regional Research (NIBR) and Oslo Metropolitan University (OsloMet) and an associate professor at the Department of Sociology, VN Karazin State University, Kharkiv. Vilde Hernes is a researcher at Oslo Metropolitan University.
At Euronews we believe that every opinion matters: to send us your comments and suggestions and join the conversation, please contact us at view@euronews.com
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