The Rada may consider the bill on the military ombudsman next week: what has changed before the second reading
Kyiv • UNN
On September 16, the Verkhovna Rada may begin consideration of the bill on the military ombudsman, submitted by the President. The document defines the powers and procedures of the ombudsman, and also provides for responsibility for non-compliance with his requirements.
Already next Tuesday, September 16, the Verkhovna Rada may begin consideration of the bill on the military ombudsman, which was submitted to the parliament by the President of Ukraine Volodymyr Zelenskyy.
UNN investigated what the bill provides for, in particular, what are the main tasks, rights, duties, and responsibilities of the military ombudsman.
Details
According to the current agenda of the Rada's work, on September 16, the parliament will begin considering No. 13266 on the military ombudsman.
He noted that on Tuesday, September 16, it is planned to go through all amendments, and on Wednesday, September 17, the Rada plans to vote on the bill as a whole.
However, according to Zheleznyak, this is only a preliminary schedule, which has not yet been approved by the Conciliation Council.
It should be noted that in May, President of Ukraine Volodymyr Zelenskyy submitted a bill on the military ombudsman to the Verkhovna Rada, which is intended to become an instrument for protecting the rights of military personnel. The bill defines the procedure for submitting and reviewing complaints.
Before that, in December last year, Zelenskyy appointed Olha Reshetylova (Kobylynska) as the authorized representative of the President of Ukraine for the protection of the rights of military personnel and family members of soldiers.
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In June, 287 deputies voted for the basis of the bill on the Military Ombudsman. According to the draft law, the president will appoint the military ombudsman and his deputies, who will consider complaints from military personnel and exercise control in the field of security and defense.
At the end of August, the Verkhovna Rada Committee on National Security, Defense, and Intelligence recommended that the parliament adopt the said draft law in the second reading and as a whole.
Who is a military ombudsman?
According to the bill, the military ombudsman is an official through whom the President of Ukraine exercises democratic civilian control over the security and defense sector regarding ensuring compliance with the rights of military personnel by military command bodies, commanders in connection with their performance of military service duties, reservists and conscripts during their training, members of volunteer formations of territorial communities in connection with their participation in the preparation and performance of territorial defense tasks or direct participation in combat operations, persons who are voluntarily and confidentially involved in performing tasks of the resistance movement in the temporarily occupied territories of Ukraine, as well as personnel of law enforcement agencies involved in direct participation in combat operations.
Tasks of the military ombudsman
The main tasks are:
- exercising democratic civilian control over ensuring the observance of the rights of individuals;
- identifying violations of the rights of military personnel, reservists, conscripts, and police officers, the causes and conditions that lead to such violations;
- developing proposals for ways/methods to minimize and eliminate identified causes and conditions that lead to violations of rights, preventing their occurrence in the future;
- drawing up and sending conclusions and recommendations to military command bodies, commanders, as well as other state bodies, their officials to increase the effectiveness of ensuring the protection of rights.
The military ombudsman annually submits a report on his activities to the President of Ukraine and the Verkhovna Rada, which is submitted by March 30 and heard at a parliamentary meeting. If the report contains restricted information, the Rada may decide to hear it at a closed meeting.
The report should contain an assessment of the state of affairs in the field of protecting the rights of military personnel, reservists, conscripts, and police officers, the main problematic issues, and proposals for their resolution.
It also specifies the complaints reviewed and inspections conducted; explanations, methodological and advisory assistance provided; conclusions; cases of illegal influence and interference in the activities of the military ombudsman.
The report is subject to publication on the website of the Office of the Military Ombudsman.
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Rights of the military ombudsman
The military ombudsman, in accordance with the tasks assigned to him and within his competence, has the right to:
- consider complaints and conduct inspections regarding alleged violations;
- request and receive information from state bodies and military command bodies, including restricted information, necessary for the performance of his assigned tasks;
- interview and receive written explanations from persons who possess information necessary for the performance of his assigned tasks during inspections;
- unhindered access to and presence on the territory of military command bodies, formations, military units, higher military educational institutions, military educational units of higher education institutions, guardhouses, disciplinary battalions, including in areas of military operations;
- issue orders and directives in performance of his powers;
- provide explanations, methodological and advisory assistance.
Office of the Military Ombudsman
The President of Ukraine establishes the Office of the Military Ombudsman as an auxiliary body "to promote the exercise of democratic civilian control over ensuring the observance of the rights of military personnel, reservists, conscripts, and police officers."
The tasks, functions, and maximum number of staff of the Office are determined by the relevant regulation, which is approved by the President.
The Office staff consists of the head of the staff, civil servants, as well as other persons working under an employment contract.
The military ombudsman may have a first deputy and two deputies, who are appointed by the President upon the ombudsman's submission.
Submitting complaints to the military ombudsman
It is planned that complaints can be submitted by military personnel, reservists, conscripts, as well as their representatives.
Complaints can be individual or collective, and can be submitted orally, in writing, by mail, fax, phone, or email.
Oral complaints are submitted during a personal reception by the ombudsman or Office staff, or using electronic communication technical means through designated contact centers, telephone "hotlines."
Written complaints are submitted in any form.
The complaint must contain:
- surname, first name, patronymic;
- place of residence and/or email address and/or information about other technical means of electronic communication for contacting the complainant;
- the essence and content of the complaint;
- in case of submitting a complaint by a representative of the complainant - documents confirming the authority to represent the interests of the person;
- date of filing the complaint and signature.
The use of a qualified electronic signature when submitting a complaint is not required.
Two or more complaints submitted on the same issue are considered together.
Consideration of complaints by the military ombudsman
The period for considering a complaint cannot exceed ten working days from the date of its receipt. However, a complaint may be considered within three days if the content of the complaint gives grounds to suspect potential harm to the complainant's life and health.
If, during the consideration of a complaint, signs of a criminal offense are found, the relevant law enforcement agencies are immediately notified, and if facts of corruption or corruption-related offenses are found, the National Agency on Corruption Prevention is also notified.
Anonymous complaints are not considered, except in cases where an anonymous complaint concerns a specific violation and contains factual data that can be verified.
Result of complaint consideration
Based on the results of the complaint's consideration, one of the following decisions is made:
- appointment of an inspection;
- forwarding of complaint materials for consideration by the appropriate authority;
- or returns the complaint if it does not fall within the powers of the Ombudsman's Office.
The complainant is notified of the decision no later than three working days. The decision can be appealed.
Conducting inspections
Inspections are conducted by decision of the military ombudsman or one of his deputies, the procedure for which is approved by the ombudsman.
The grounds for appointing inspections are data indicating violations of the rights of military personnel, reservists, conscripts, and police officers, obtained from any sources, including in the appeal/request of a people's deputy, published in the media, etc.
The decision on the appointment of an inspection shall specify:
- subject and object of the inspection;
- grounds for appointing the inspection;
- start date of the inspection.
The period for conducting an inspection cannot exceed 30 working days, but it can be extended for the same period if there are reasonable grounds.
During the inspection, the persons involved in it have the right to:
- interview and obtain information from those against whom the inspection is being conducted;
- request and receive information and documents related to the subject of the inspection, make (obtain) necessary copies of such documents;
- conduct an inspection of the area, objects, premises, items, etc., related to the subject of the inspection.
Based on the results of the inspection, a conclusion is drawn up, which states:
- information about the absence or presence of violations of the rights of military personnel, reservists, conscripts, and police officers;
- the essence of the violation;
- the commander, military command body, state authority, its official, whose actions and/or decisions led to the violation of rights;
- causes and conditions that led to the violation of rights.
In particular, following the inspection, the issue of bringing the commander to disciplinary responsibility may be considered.
Who can become a military ombudsman?
The military ombudsman is appointed for a term of 5 years in accordance with the decree of the President of Ukraine. The same person cannot be appointed to the position for more than two consecutive terms.
A citizen of Ukraine who has reached the age of 30 on the day of appointment, has a higher education not lower than a specialist (master's) degree, speaks the state language in accordance with the level determined by the National Commission for State Language Standards, and has resided in Ukraine for the last five years before appointment may be appointed to the said position.
Who cannot be appointed?
A person who:
- is recognized as incapacitated by a court decision or whose civil capacity is limited;
- has a criminal record for committing a criminal offense, if it has not been expunged or pardoned;
- is a serviceman;
- has been held liable for corruption offenses within the last year;
- is a member of a political party;
- has citizenship or nationality of another state;
- has not submitted an income declaration;
- has alimony arrears for child support;
- holds a representative mandate, holds any position in state authorities, local self-government bodies, engages in independent professional, entrepreneurial activity.
Responsibility for non-compliance with the requirements of the military ombudsman
President of Ukraine Volodymyr Zelenskyy also submitted bill No. 13267, which provides for responsibility for non-compliance with the legitimate requirements of the military ombudsman or obstructing him from exercising his powers.
Such a violation entails a fine of 8,500 to 17,000 hryvnias.
For a repeated violation - a fine from 17,000 to 34,000 hryvnias with deprivation of the right to hold certain positions or engage in certain activities for a period of one year or without such deprivation.