lubinets-the-draft-law-on-mobilization-contains-provisions-that-contradict-the-constitution

Lubinets: "The draft law on mobilization contains provisions that contradict the Constitution"

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The draft law on mobilization proposed by the government on mobilization contains provisions that contradict the Constitution of Ukraine. This was stated on the air of the telethon "United News UAtogether"  by the authorized Dmytro Lubinets, the Verkhovna Rada Commissioner for Human Rights, reports UNN.

Details

In my opinion, this draft law contains provisions that contradict the Constitution. I will directly write about this when this This, as I understand it, will not happen at the stage of preparation at the level of the Cabinet of Ministers, will not take place at the stage of preparation at the Cabinet level. That is why I am waiting for the for this draft law to be officially sent to me. We will carefully study it carefully, and I will make my objections

the Ombudsman said.

At the same time, he clarified that this refers to a number of of restrictions provided for in the draft law on persons evading mobilization. mobilization. In particular, this includes a ban on real estate transactions, driving personal transportation, and the use of funds.

This is a direct provision of the Constitution: a person cannot be restricted in their rights. If a person officially owns, for example, a house, we cannot legally prohibit them from selling it or or buy another one. This would directly contradict the Constitution. Yes, there is a provision that directly allows us to restrict rights under martial law, but these rights cannot be be limited indefinitely

Lubinets explained.

He added that Ukraine, while fighting against Russia, could turn into something similar to the Russian Federation if "the Constitution turns into a piece of paper."

For reference

On December 25, the Cabinet of Ministers of Ukraine sent to the Verkhovna Rada draft law No. 10378 regulating mobilization, recruitment and military service. This legislative initiative provides for a number of of restrictions and sanctions against citizens liable for military service who evade from mobilization.

According to information, those who evade will be entered into a specially created open Unified Register of Debtors. Because of this, they will be restricted in their right to use their own transportation, and will not be able to obtain a driver's license, travel abroad, conduct transactions with movable and immovable property, and will be restricted in their right to use cash and other valuables, will not be able to obtain credit and enjoy benefits.

Зеленський: про своє ставлення до правил мобілізації в Україні26.12.23, 21:41

In addition, according to the draft law, tax evaders and those who refuse to undergo a medical examination will face imprisonment for up to imprisonment for a term of three to five years.

At the same time, the government proposes to increase the penalty tenfold increase the fine for violating the rules of military registration. The fine may also increase for violating the rules of mobilization and military service.

In addition, it will be possible to detain offenders for three days to identify them and clarify the circumstances. At present administrative detention does not exceed three hours.

Lilia Podolyak

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