The remarks took up nine pages: Lubinets criticizes new draft law on mobilization
Kyiv • UNN
The Ukrainian Parliament Commissioner for Human Rights has criticized the government's draft law on mobilization, saying it contains contradictory provisions and does not comply with the Constitution.
Ukrainian Parliament Commissioner for Human Rights Dmytro Lubinets has criticized the government's draft law No. 10449 on mobilization rules. This was reported by UNN with reference to the Ombudsman's Telegram channel.
Details
He emphasized that Ukraine really needs to improve the issues related to mobilization training and mobilization itself. However, according to the ombudsman, draft law No. 10449 cannot resolve this issue, as it has a number of contradictory provisions.
Lubinets said that part of the comments to the draft law at the Verkhovna Rada Committee on Social Policy and Protection of Veterans' Rights had already been voiced by his representative on social and economic rights, Olena Kolobrodova.
A corresponding letter has also been sent to the relevant Committee on National Security, Defense and Intelligence. In total, the comments to the new draft law on mobilization took up 9 pages
Addendum
In particular, the Ombudsman pointed to a regulatory incident regarding the procedure for traveling abroad by men aged 18 to 60 who are registered for military service or excluded from it in accordance with the established procedure.
The issue here is in the marks: the wording "remove" and "exclude" from military registration (which is indicated in the military ticket) in practice becomes a problem that needs to be resolved
In addition, the Ombudsman drew attention to the fact that, according to the draft law, military commanders may impose temporary restrictions on the right of a Ukrainian citizen to leave the country
However, according to the requirements of Article 17 of the Constitution of Ukraine, the Armed Forces and other military formations cannot be used by anyone to restrict the rights and freedoms of citizens. Therefore, these proposed amendments contradict the Constitution of Ukraine
He also criticized the rule regarding the obligation to register a recruit's electronic account, for which failure to do so is subject to legal liability.
The Ombudsman emphasizes that this does not comply with the provisions of the Constitution of Ukraine, the Law of Ukraine "On Personal Data Protection", and the legal positions of the Constitutional Court of Ukraine on the official interpretation of the right to private and family life.
However, Lubinets reminded that according to the Constitution, representatives of the TCC and JV cannot check military registration documents of citizens. According to him, this is allowed only to employees of the National Police and the State Border Guard Service of Ukraine.
According to Art. 17 of the Constitution of Ukraine, the Armed Forces of Ukraine and other military formations cannot be used by anyone to restrict the rights and freedoms of citizens
The Ombudsman noted that the deprivation of the right to exemption from conscription for postgraduate students studying on a contact basis also contradicts the Constitution of Ukraine.
Separately, Lubinets pointed to the provision stipulating that conscription for military service during mobilization is carried out regardless of their place of military registration.
In other words, a person may be called up for military service while on a business trip, while visiting his or her parents on weekends, or while staying in a sanatorium or medical facility outside the place of residence.
As the analysis of appeals to our Office shows, this approach to mobilization often violates the right of citizens to exemption from conscription, since citizens do not carry medical documents, as well as documents entitling a person liable for military service to exemption from conscription (birth certificates of children, certificates of disability of parents, etc.), as they are required by law to be submitted to the CMC and JIC at the place of military registration. Therefore, it is inappropriate to enshrine this provision in the Law
Lubinets also criticized the current version of the Law of Ukraine "On Alternative (Non-Military) Service", which does not provide for the possibility and procedure for sending citizens who are subject to military service during mobilization for a special period to alternative service.
According to him, there are numerous cases of sending citizens to military service whose religious beliefs do not allow them to perform military duty, which contradicts the right to freedom of conscience guaranteed to them by Article 35 of the Constitution of Ukraine.
The day before, I met with the Minister of Defense of Ukraine Rustem Umerov and I would like to note positively that he is ready to respond to the comments
Recall
The Anti-Corruption Committee has recognized the new draft law on mobilization as containing corruption risksas key provisions are unclear and leave too much power to officials.
