During the active discussion of possible economic reservation, another important news in the area of military law has gone unnoticed. In June 2024, the Ministry of Reintegration of the Temporary Occupied Territories of Ukraine established a special reservation Procedure for employees of NGOs implementing humanitarian projects funded by international partners. This Procedure provides an opportunity for a Ukrainian NGO to be recognized as a critical organization and reserve 100% of its employees from mobilization. Read our article to find out more.
1. Which organizations can use this reservation procedure?
Not every non-profit organization can obtain critical status and subsequently reserve its employees under the new Procedure.
Key requirements include the following:
1) Non-profit status – your organization must be present in the Register of Non-profit Institutions and Organizations. Usually, this is not a problem for NGOs and charitable foundations.
2) Humanitarian nature of projects – the organization must implement at least one project of a humanitarian nature in Ukraine over a long period of time. Examples of such humanitarian projects include assisting internally displaced persons, supporting war victims, providing care for orphans or the elderly during martial law etc.
3) Involvement of an international partner – the project must be funded by an international partner that is well-known in Ukraine.
4) Experience of cooperating with the state – it is necessary to confirm that the humanitarian project is implemented jointly with Ukrainian state authorities or local self-government bodies.
5) Impeccable business reputation.
2. How does the reservation mechanism work?
At first, the non-profit organization submits a package of documents to the Ministry of Reintegration. After that, a special Commission within the Ministry reviews these documents and decides on whether the organization should be included in the List of non-governmental organizations that implement humanitarian projects funded by international partners. Inclusion in this List simultaneously means recognition of the organization's critical status.
After inclusion in the List, a non-profit organization may submit a list of its employees for reservation to the Ministry of Reintegration. These lists are reviewed by the Commission in the Ministry of Reintegration and are then sent to the Ministry of Defense for approval and further reservation in accordance with the general procedure.
3. What documents do you need to prepare?
To be included in the List, you need to go through a complex process of preparing a package of documents.
Legislation sets forth a list of 11 points according to which a non-profit organization must gather documents. While some points in the list pose no significant difficulty (e.g. copy of the Charter, extract from the Register of Non-profit Institutions and Organizations etc.), most of them require the accumulation of dozens of different supporting documents. For example, it is necessary to prepare copies of all agreements confirming relationships with the international partner, draft extensive explanatory letters regarding the previous experience and current importance of the organization's humanitarian projects etc. While gathering documents, the organization will also have to interact with Ukrainian state and local authorities: it is required to obtain confirmation letters from them on the joint implementation of humanitarian projects in Ukraine.
There are no officially approved forms of these documents. Therefore, one is forced to be creative when drafting them. At the same time, it is important to remember that providing false information may constitute grounds for refusal to be included in the List.
The Commission demands that applicants be extremely attentive when preparing documents and certifying copies. As stated on the Ministry’s official website: “If the documents are not drawn up properly, they shall not be considered”.
4. How many employees can be reserved?
Non-profit organizations that are included in the List have the right to reserve 100% of their employees liable for military service.
5. For how long is this reservation granted?
A non-profit organization is included in the List for a period of 1 year. If the duration of the implemented humanitarian project is less than 1 year, the organization is included in the List for the duration of such humanitarian project. Therefore, the reservation for the organization's employees is provided until the end of the period of being on the List, i.e. for no more than 1 year.
At the same time, legislation does not prohibit an organization to reapply for inclusion in the List after the expiration of the initial term and then submit its employees for reservation once again.
6. How many non-profit organizations are already on the List?
By the end of September 2024, there are 43 Ukrainian non-governmental organizations on the List. The full List is available on the website of the Ministry of Reintegration (https://minre.gov.ua/diyalnist/bronyuvannya-gromadskyh-organizaczij/perelik-ukrayinskyh-neuryadovyh-organizaczij-yaki-realizuyut-gumanitarni-proyekty-za-koshty-mizhnarodnyh-partneriv/).
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The main goal of any non-profit organization is to help society in a particular area. An important role in this is played by qualified employees: social workers, procurement and logistics specialists, accountants, inhouse lawyers, instructors etc. Setting up the work and training of these employees often requires significant investments of time and resources from the organization. The newly introduced reservation procedure will allow NGOs and charitable foundations to reserve those valuable specialists and continue working effectively towards our victory.
Authors: Anatoliy Pashynskyi, Marko Holovach, Maksym Vasyliev