Rada adopted the law on the military ombudsman: what is foreseen
Kyiv • UNN
The parliament approved in the second reading law No. 13266 on the military ombudsman, for which 283 deputies voted. The document defines the legal status and tasks of the military ombudsman regarding the protection of the rights of servicemen and other categories.
The Verkhovna Rada adopted in its entirety draft law No. 13266 on the military ombudsman, the parliamentary corps reported on Wednesday, writes UNN.
Parliament approved in the second reading the law (No. 13266) on the military ombudsman. "For" in general - 283
The document defines the powers and procedures for the military ombudsman's work, and also provides for responsibility for non-compliance with his requirements.
As MP Pavlo Frolov reported, draft law No. 13266 defines the legal status, main tasks, and organizational principles of the military ombudsman's activities in fulfilling the tasks assigned to him, namely: regarding the protection of the rights of servicemen of the security and defense forces; conscripts and reservists; members of volunteer formations of territorial communities; police officers of the special purpose police of the National Police.
The activity of the military ombudsman will not cancel, but only supplement the existing means of protecting the constitutional rights and freedoms of man and citizen, Frolov noted.
The military ombudsman will be appointed by the President for a term of 5 years.
Filing complaints with the military ombudsman
It is planned that complaints can be submitted both directly by military personnel, reservists, conscripts, and their representatives.
Complaints can be individual or collective, and can be submitted orally, in writing, or by mail, fax, phone, or email.
Oral complaints are submitted during a personal reception by the ombudsman or employees of the Office's apparatus, or using technical means of electronic communications through designated contact centers, telephone "hotlines." Written complaints are submitted in any form.
Consideration of complaints by the military ombudsman
The period for considering a complaint cannot exceed 10 working days from the date of its receipt. However, a complaint may be considered within 3 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 discovered, the relevant law enforcement agencies are immediately notified, and if facts of corruption or corruption-related offenses are discovered, 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 consideration, one of the following decisions is made:
- appointment of an inspection;
- referral of complaint materials for consideration by the appropriate authority;
- return of 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 3 working days. The decision can be appealed.
Conducting inspections
Inspections are conducted by decision of the military ombudsman or one of his deputies. 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 an appeal/request from a people's deputy, published in the media, etc.
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.
Based on the results of the inspection, a conclusion is drawn up. In particular, based on the results of the inspection, the issue of bringing the commander to disciplinary responsibility may be considered.
Responsibility for non-compliance with the requirements of the military ombudsman
President of Ukraine Volodymyr Zelenskyy also submitted draft law 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 provides for a fine ranging from 8,500 hryvnias 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 it.