Today, February 7, the Verkhovna Rada of Ukraine adopted in the first reading the draft law on strengthening mobilization. The vote provoked lively discussions among political colleagues and the public.
243 out of 226 necessary votes voted for the government bill.
The initial version of the project, prepared by the Ministry of Defense, caused considerable criticism and comments. It was registered in the parliament as early as Christmas, but after a heated debate, the authorities decided not to put it to the vote even in the first reading, but returned it to the Cabinet of Ministers.
The Ministry of Defense promised to revise the document and introduce it again in the near future, and these promises were fulfilled.
According to the Ukrainian authorities, increased mobilization is a necessary step to ensure the maximum mobilization of resources and replenishment of military units that have suffered serious losses during the almost two-year war with Russia.
Earlier, President Volodymyr Zelenskyy stated that the military command expects to mobilize approximately 450-500 thousand recruits in 2024.
Forecasts indicate that the draft law on strengthening mobilization may be fully adopted as early as March this year.
The draft law proposes several key changes, first of all, lowering the age of mobilization from 27 to 25 years. President Volodymyr Zelenskyi has already declared his readiness to support this norm if convincing arguments are given. It should be noted that he previously signed another law, which also provides for lowering the threshold for mobilization to 25 years.
In addition, a new concept of "electronic account of conscripts" is being introduced, which will become mandatory for all conscripts. They will also be required to update their credentials within 60 days at the Center for Provision of Administrative Services to the Population (TsNAP), military commissariats or in the conscript's electronic cabinet.
After receiving the summons, conscripts must immediately arrive at the specified time and place. The procedure for serving the summons is now much simplified: it can be served both personally and through the conscript's electronic account.
If a person arrives on a summons to the military commissariat, he will have an additional two months to pass the military medical commission and resolve his issues before joining the army.
The draft law also provides for sanctions for those who sabotage the performance of military duties, but the scandalous norm, according to which employees of military commissariats could independently enter evaders into the Unified Register of Debtors, was removed in the new edition. Instead, the introduction of the most severe sanctions will require a court decision, to which a representative of the Military Commissariat may apply.
If a citizen does not appear at the military commissariat within the prescribed period, he can be delivered by the police. If this is not possible, the Territorial Center for Staffing and Social Support (TCC) sends a request to fulfill the duty (including to the electronic office).
After 10 calendar days of inactivity of the citizen, the authorities turn to the court, which can:
- Limit the right to travel abroad.
- Limit the right to drive a car.
- Seize funds and other valuables in accounts in banks or other financial institutions, including deposits, electronic money, etc.
The bill stipulates that all men between the ages of 18 and 60 must carry military registration documents, even if they are eligible for deferment or exempt from mobilization. These documents must be shown to the employees of the Territorial Center for Procurement and Social Support (TCC), the police or representatives of the State Border Service.
Ukrainians who are abroad and wish to receive consular services must also have military registration documents.
The draft law proposes to abolish the concept of "limited serviceability". All those with such status must undergo a military medical examination within nine months to determine their fitness for duty.
It is also proposed for the first time to allow the voluntary mobilization of previously convicted persons who have already served their sentences, with the exception of those who have committed serious crimes or crimes against the foundations of national security.
It is planned to cancel the postponement of the service for post-graduate students who are studying on a contract and for those citizens who obtain the next education, which is not higher than the previous one.
The draft law proposes to replace the concept of "term service" with "basic military service". It is suggested that active conscripts be released into the reserve no later than six months after the law comes into force. Their mobilization without their will will be prohibited for the next six months.
The draft law also provides for the possibility of demobilization for those who have been in the army for the past 36 months. However, the release of these troops will be carried out at the decision of the supreme commander.
Before the adoption of the government draft law on mobilization, human rights commissioner Dmytro Lubinets expressed his remarks regarding the unconstitutional aspects of some provisions of this draft law.
"As the Ombudsman of Ukraine, I generally support the need to improve the regulatory framework in the field of mobilization and preparation for it. However, it is important that these changes comply with the Constitution of Ukraine and international legal standards in the field of human rights," he emphasized.
One of the problematic positions for the ombudsman is the procedure for removing men aged 18 to 60 from military registration or their exclusion from it, which is indicated in the military ticket. This raises questions about the legal accuracy of these procedures and needs to be resolved.
The possibility of establishing temporary restrictions on the right to travel abroad for citizens of Ukraine with military registration is also being discussed. However, according to Article 17 of the Constitution of Ukraine, no military formations have the right to limit the rights and freedoms of citizens.
In addition, Dmytro Lubinets pointed out the unconstitutionality of the obligation to register citizens in the electronic cabinet of conscripts, which does not comply with the norms of the Constitution of Ukraine, the law "On the Protection of Personal Data" and the positions of the Constitutional Court of Ukraine regarding the right to personal and family life.
Despite these remarks, Lubinets urged the Council to adopt the draft law in the first reading and noted that the problems could be resolved during further debates on the law.
"After our meeting with the Minister of Defense Rustem Umyerov, we came to the conclusion that the draft law should be adopted in the first reading. That is why I am appealing to people's deputies to support him. The remarks of the Ombudsman's Office can be taken into account during the second reading," he emphasized.
The head of the anti-corruption committee of the parliament, Anastasia Radina, declared the presence of corruption risks in the draft law on mobilization.
"Together with our colleagues from the anti-corruption committee, we discovered norms in the new version of the draft law that could cause selectiveness or corruption. These aspects must be corrected before the second reading of the draft law — and it is absolutely possible to do so," she said.
Radina pointed out the following points:
- Demobilization. According to the chairman of the committee, it is important to establish a clear term and conditions under which servicemen will actually be demobilized. The proposed norms of the draft law may lead to a "selective approach".
- Postponement of the draft due to the care of a person with a disability. It is necessary to clearly define the principle "one person with a disability of the I or II group — deferment for one caregiver."
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Liability for non-registration of the military conscript's electronic account, non-appearance at the TCC following a summons, etc. It is necessary to establish a fair mechanism for identifying violators in order to avoid the selective application of sanctions to some persons, or to "ignore" others, Radina emphasized.
