5. Citizens of Ukraine shall be released from military service on the grounds specified in this Law. 6. Conscription does not apply to foreigners and stateless persons residing in Ukraine. In cases provided by law, foreigners and stateless persons who are legally on the territory of Ukraine may voluntarily (under contract) serve in the Armed Forces of Ukraine.” French Office for the Protection of Refugees and Stateless persons (OFPRA), Fact-finding Mission Report - Ukraine, May 2017 “This report is the product of a joint fact-finding mission conducted by the Country of Origin Information Department (Staatendokumentation) of the Austrian Federal Office for Immigration and Asylum (BFA) and the Information, Documentation and Research Division (DIDR) of the French Office for the Protection of Refugees and Stateless Persons (OFPRA), to Ukraine, from 12 June to 19 June 2016. […] The need for a mission to Ukraine arose due to the rising number of asylum seekers of Ukrainian origin in France as well as in Austria. Both countries consequently saw a need for updated information on a number of issues that have been recurring in cases regarding Ukrainian asylum seekers. This report focuses on the various issues that in recent years have been substantial in the caseload concerning Ukrainian asylum seekers, namely Internally Displaced Persons (IDP), military conscription and mobilization and questions related to police and justice reforms. Additionally, the report provides information on the situation in Government Controlled Areas (GCA) and Non-Government Controlled Areas (NGCA) of the Donbass region. In the scope of compiling this report, during the mission the delegation consulted around 30 sources, including representatives from international organizations, Ukrainian authorities, NGOs, Ukrainian political parties, as well as a journalist and other sources. A complete list of sources consulted can be found at the end of this report. Interviews were conducted in Kyiv as well as in and around Kramatorsk (Eastern Ukraine). […] In June 2016, the Military advisor of the European Union Delegation in Ukraine asserted that conscripts mainly serve in supporting roles in backward positions and that sending conscripts to combat zones is against the law. Many conscripts are actually drafted into the Navy and the Air Force, but only few into the Army and the National Guard (the latter is mostly guarding public buildings). Representatives of the Ministry of Defense of Ukraine specified that, in anti-terrorist operation (ATO) zones, conscripts could however still work in arsenals. Indeed, the law provides that in the ATO zone, conscripts would not be involved in military tasks.[…] 1. Military service According to article 1.3 of the Law of Ukraine on Military Duty and Military Service96, military duty includes97: - The preparation of citizens for military service; - The registration of citizens at enlistment offices; - The enlistment on a voluntary (contract) basis and conscription to the military service; - The performance of military service; - The performance of the military duty in the reserves; - Observation of the rules of military registration. According to article 1, “Military duty does not apply to foreigners or stateless persons who reside in Ukraine”. It is carried out by citizens of Ukraine and subdivided into the following categories”98: - Pre-conscripts – persons subject to registration with enlistment offices; - Conscripts – persons registered with enlistment offices; - Servicemen – persons carrying out military service; - Persons liable for military service – persons in the reserve manning the armed forces and other military formations during a special period as well as in order to perform 67

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