After consultations with the military leadership, the parliament decided not to put the government's draft law on new mobilization rules to the vote. Instead, the document will be sent to the author for revision. The government should make changes, especially to those provisions that caused outrage, taking into account the comments.
Negotiations on the bill have been ongoing for the past few days, and until the last moment it was not determined whether it would be supported at least on the first reading or rejected completely. However, the head of the Servant of the People faction, David Arakhamia, announced that after a meeting of the conciliation council and a meeting with the military leadership, it was decided to send the document for revision.
The government will also receive proposals submitted by the Council committees and working groups. Arakhamia emphasized that although all political forces in parliament understand and support the need for mobilization, some provisions of the draft law need correction due to human rights violations and suboptimal wording. According to the announced decision, parliament will be able to consider the draft law again no earlier than February, when it resumes its work.
The government bill, which concerned new rules for mobilization and implementation in the defense sector, was submitted to parliament on a holiday – December 25. Active discussions began immediately after its registration. The bill attracted significant criticism from both the opposition and representatives of the government. In response, four alternative bills were submitted.
The main goal of the government initiative was to simplify and increase the efficiency of mobilization for the needs of the army in the context of a protracted war with Russia and a growing need for resources for Ukraine. President Volodymyr Zelenskyy announced the need to recruit 450-500 thousand new recruits for the Armed Forces next year.
The main proposals in the government's draft law on new mobilization rules include the following:
- Lowering the mobilization age from 27 to 25 years
- Permission for mobilization of disabled people of the 3rd group and abolition of the concept of “limitedly fit for service”
- Introduction of the concept of an “electronic conscript’s account” with a period of 30 days for clarifying personal data online or at the military registration and enlistment office
- Simplifying the procedure for serving a summons via personal delivery, electronic account or email
- The obligation of citizens aged 18 to 60 to carry a military registration document and an identity document with them, with the possibility of presenting them upon request by a military enlistment office employee or police officer
- Prohibition of receiving certain consular services (for example, issuing new passports) for Ukrainians abroad without military registration documents
- Restrictions on the right to deferment of mobilization for students, civil servants, guardians of incapacitated persons and people with disabilities
- Introducing stricter sanctions for tax evaders, including their inclusion in the Unified Register of Debtors, a ban on traveling abroad, restrictions on driving rights, etc.
In particular, the bill also proposes changes in approaches to service, including the abolition of conscription and the introduction of “basic military service” for persons aged 18 to 25, the right to demobilization for those released from captivity and disabled soldiers, as well as the right to demobilization for those who served in the military during martial law for the past 36 months.
The controversies and most controversial provisions of the government bill became the subject of criticism immediately after its publication.
The main accusations are that the document is “unconstitutional,” which critics say violates basic human rights guaranteed by the constitution. This view is expressed by both the opposition and the government.
The most indignant provisions were related to sanctions against tax evaders, in particular, restrictions on the right to dispose of one's own property and drive a car. The Verkhovna Rada Commissioner for Human Rights, Dmytro Lubinets, emphasizes that this may directly contradict the principles of the constitution.
Iryna Gerashchenko, co-chair of the opposition faction “European Solidarity”, believes that the provisions of the bill not only violate human rights, but also open up opportunities for abuse by the Territorial Center for Recruitment and Social Support (TCS). She emphasizes that the restrictions proposed in the bill may complicate the lives of Ukrainians, subjecting them to extrajudicial deprivation of the right to dispose of their own property.
The Rada's Anti-Corruption Committee agrees that the above provisions contain “corruption risks.” In addition, the committee recommends abandoning the provision that requires local governments to “ensure the arrival” of conscripts to the CCC, believing that this may contribute to arbitrariness.
The head of the anti-corruption committee, Anastasia Radina, points to the need to finalize the draft law, in particular, to prevent corruption in military medical and medical and social commissions, as well as to clarify the procedures for confirming the grounds for postponement.
Many complaints have also arisen regarding the draft law in the relevant committee on national security.
The discussion in the committee lasted for several days and was attended by representatives of the Ministry of Defense and the military leadership.
Committee member and Servant of the People representative Fedir Venislavsky admitted that the military and deputies were unable to reach an agreement on some issues.
Venislavsky indicated that the main disputes arose over provisions that limit the constitutional rights of individuals who evade mobilization.
He emphasized that the provision allowing the Territorial Center for Recruitment and Social Support (TCS) to enter evaders into the register of debtors and restrict their rights will not receive the support of the committee.
The deputy also expressed his belief that the provision on permitting the mobilization of people with disabilities "will definitely not pass.".
“This is a completely unacceptable path,” he noted.
According to him, the committee opposes the inclusion of provisions on the service of electronic summonses in the draft law.
Deputy Chairman of the National Security Committee Yegor Chernev added that the discussions touched on issues of demobilization and lowering the mobilization age to 25 years.
He noted that the current provision on demobilization after 36 months of service during martial law raises doubts within the Ministry of Defense and the General Staff. According to him, they cannot foresee the replacement of experienced fighters on the front lines.
“But that doesn’t mean we won’t consider alternative approaches. There may be different approaches for those who are currently fighting in the rear and those who are fighting on the front lines,” the MP noted.
The president's office believes that the heated discussions surrounding the initiative are adequate.
"It is very good that there is a discussion at the level of the General Staff, the Ministry of Defense, the Ministry of Finance or the cabinet as a whole, at the level of the relevant committees of the Rada, at the level of the expert community. This is right," Mykhailo Podolyak, advisor to the head of the presidential office, previously stated.
He expressed his belief that, despite the “hate, hype, toxicity, and scandals traditional for Ukraine,” society will eventually see the final version of the draft law, which will contain “the appropriate and correct regulatory positions.”.
