The scandalous bill on mobilization: reasons for rejection and expected changes

After consultations with the military leadership, the parliament decided not to include the government bill on new mobilization rules for voting. Instead, the document will be sent to the author for revision. The government should make changes, especially in those provisions that caused outrage, taking into account the comments.

Negotiations on the draft law continued for several days, and until the last moment it was not determined whether it would be supported at least in 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 made by the Council's committees and working groups. Arahamiya emphasized that although all political forces in the parliament understand and support the need for mobilization, some norms of the draft law require correction due to violations of human rights and suboptimal wording. According to the announced decision, the parliament will be able to consider the bill again no earlier than February, when it resumes its work.

The government draft law, which related to the new rules of mobilization and introductions in the field of defense, was submitted to the parliament on a holiday - December 25. Immediately after its registration, active discussions began. The draft law caused considerable criticism both from the opposition and from representatives of the authorities. In response to this, four alternative projects 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 conditions of the long war with Russia and the growing need for resources for Ukraine. President Volodymyr Zelenskyy announced the need to recruit 450,000-500,000 new recruits for the Armed Forces next year.

The main proposals in the government draft law on new mobilization rules include the following:

  • Lowering the age of mobilization from 27 to 25 years
  • Permit for the mobilization of disabled persons of the 3rd group and abolition of the concept of "limited fitness for service"
  • Introduction of the concept of "electronic account of the conscript" with a deadline of 30 days for clarifying personal data online or at the military office
  • Simplification of the procedure for serving a summons through personal delivery, electronic cabinet or e-mail
  • Obligation of citizens aged 18 to 60 to carry a military registration document and an identity document, with the possibility of presenting them at the request of a military commissar employee or a police officer
  • Prohibition of obtaining certain consular services (for example, issuing new foreign passports) for Ukrainians abroad without military registration documents
  • Restrictions on the right to postponement of mobilization for students, civil servants, guardians of incapacitated persons and people with disabilities
  • The introduction of stricter sanctions for evaders, including their inclusion in the Unified register of debtors, a ban on traveling abroad, restrictions on the right to drive a vehicle, etc.

In particular, the draft law 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 prisoners of war and soldiers with disabilities, as well as the right to demobilization for those who has served for the past 36 months in the military during martial law.

Controversies and the most controversial provisions of the government bill became the object of criticism immediately after its publication.

The main accusations are aimed at the "unconstitutionality" of the document, which, according to critics, violates basic human rights guaranteed by the constitution. This point of view is expressed by both the opposition and representatives of the authorities.

The most indignant were the provisions related to sanctions against evaders, in particular, restrictions on the right to dispose of one's own property and drive a car. Dmytro Lubinets, the Verkhovna Rada Commissioner for Human Rights, 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 draft law not only violate human rights, but also open the possibility for abuses by the Territorial Center for Recruitment and Social Support (TCC). She emphasizes that the restrictions proposed in the draft law may complicate the lives of Ukrainians, subjecting them to extrajudicial deprivation of the right to dispose of their own property.

The anti-corruption committee of the Council agrees that the specified provisions contain "corruption risks". In addition, the committee recommends abandoning the norm, which stipulates that local self-government bodies must "ensure the arrival" of conscripts to the TCC, 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, regarding the prevention of corruption in the military-medical and medical-social commissions, as well as clarifying the procedures for confirming the grounds for postponement.

Many complaints arose about the draft law in the specialized committee on national security.

The discussion in the committee continued for several days, and representatives of the Ministry of Defense and the military leadership participated in it.

Committee member and representative of "Servant of the People" Fedir Venislavskyi admitted that the military and deputies could not reach an agreement on some issues.

Venislavskyi pointed out that the main disputes arose over provisions that limit the constitutional rights of persons who evade mobilization.

He emphasized that the provision that allows the Territorial Center for Recruitment and Social Support (TCC) to enter defaulters in the register of debtors and limit their rights will not receive the support of the committee.

The deputy also expressed his belief that the provision on allowing the mobilization of people with disabilities "definitely will not pass."

"This is an absolutely unacceptable way," he noted.

According to him, the committee opposes the inclusion in the draft law of provisions on the delivery of electronic summonses.

Yehor Chernev, deputy head of the committee on national security, added that the discussion touched on issues of demobilization and lowering the age of mobilization to 25 years.

He noted that the current provision for demobilization after 36 months of service during martial law is questionable by the Ministry of Defense and the General Staff. According to him, they cannot foresee the replacement of experienced fighters on the front line.

"But this does not mean that we will not consider alternative approaches. Perhaps there will be different approaches for those who are currently fighting in the rear and those who are fighting on the front line," the deputy noted.

The president's office believes that the stormy discussions surrounding the initiative are adequate.

"It is very good that a discussion is taking place 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 specialized committees of the Council, at the level of the expert environment. This is correct," Mykhailo Podolyak, adviser to the head of the president's office, said earlier.

He expressed his belief that, despite the "hate, hype, toxicity and scandals traditional for Ukraine", the society will eventually see the final version of the draft law, which will contain "appropriate and correct normative positions".

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