A bill No. 15119 has been registered in the Verkhovna Rada, which provides for the possibility of dismissal from military service for those mobilized if a court recognizes their conscription as unlawful. This is stated on the parliament's website, UNN reports.
Details
This document provides for amendments to Article 26 of the Law "On Military Duty and Military Service". The explanatory note states that Article 26 of the aforementioned law, which defines the grounds for dismissal from military service, does not contain an adequate mechanism for dismissal from military service in cases where circumstances that, in accordance with Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization", exclude the possibility of conscription, existed at the time of mobilization or were established after its conduct.
This leads to a violation of the principle of legal certainty and equality of citizens' rights. In practice, situations arise when a conscript, having the right to a deferment, voluntarily mobilized, but subsequently, despite the existence at the time of conscription of circumstances that, in accordance with the law, exclude the possibility of conscription, cannot continue service, but has no legal right to dismissal
In addition, there are situations when a court may recognize the conscription of a particular citizen as illegal, but the law does not provide grounds for dismissal.
According to the authors of the bill, such situations violate the principle of legal certainty and equality of citizens and create additional tension in society. To avoid this, the bill proposes to grant servicemen the right to dismissal from service in cases:
- if it is confirmed that at the time of mobilization there were grounds for deferment;
- if there is a court decision recognizing the conscription as illegal.
Recall
A bill on fines for officials for unlawful military registration has been registered in the Verkhovna Rada. Violations of the rules are subject to a fine of up to 170 thousand hryvnias.