The lawyer analyzed the new bill on mobilization.
People's deputies submitted to the Verkhovna Rada a bill on mobilization and military registration (No. 10378). He immediately caused a lot of outrage on social networks. According to the results of our survey, more than 80% of Ukrainians do not support the draft law.
The draft law proposes to introduce a number of changes, which provide for stricter punishments for evaders, the possibility of serving electronic summonses, cancellation of the postponement for some categories, and others.
Bill No. 10378: a brief summary of the main points
The new bill contains 72 pages. All changes concern issues of mobilization, military registration and military service. We note that the below list of innovations that will come into effect in the event of the adoption of the draft law in this version is not exhaustive.
Mandatory registration in the electronic cabinet
The draft law envisages mandatory registration in the electronic cabinet of conscripts, conscripts, and reservists.
Electronic subpoenas
It will be possible to send subpoenas through an electronic cabinet or e-mail. The lawyer explained: if you do not have an e-mail and do not have a registered electronic account, summonses will be sent and served in the usual way.
Clarification of credentials
According to the draft law, a conscript will have to clarify his credentials through the Center for the Provision of Administrative Services (CSC) or personally come to the Territorial Center for Recruitment and Social Support (TCC SP) within 60 days from the date of mobilization.
Violation of the obligation to register an electronic account or renew account data will result in negative consequences in the form of restrictions on some rights.
New procedure for serving summonses
With the draft law, they want to clarify the procedure for serving summonses (except for sending via electronic cabinet or mail) by representatives of the TCC of the SP and police officers, in the premises of the TCC of the SP, at the place of residence, work or in public places.
Maryna Bekalo emphasized that the powers of police officers are provided exclusively by the Law of Ukraine "On the National Police". Therefore, the authority to serve subpoenas should also be provided for by a specific law.
"So, in this part of the draft law, it still needs to be finalized, since the actions of the police will be considered as an excess of authority. According to the proposed changes, only a joint notification with the TCC of the SP of military conscripts is envisaged, upon the appropriate request of the TCC of the SP. But the project does not provide for a separate authority to serve summonses," the lawyer said.
The police will be able to issue summonses
In the case of granting such separate powers by the police special law regarding the delivery of subpoenas, they will have legal grounds for the delivery of subpoenas in public places, at the place of residence or work of a conscript.
Restrictions for dodgers
The draft law provides for the following restrictions for failure to appear on summonses to the TCC of the JV:
- ban on traveling abroad;
- ban on transactions with movable and immovable property;
- restrictions on the right to drive one's own vehicle and obtain a driver's license;
- restriction of the right to use and dispose of funds and other valuables. That is, spending transactions on bank accounts will be blocked);
- refusal to enter into a credit agreement, loan agreement;
- suspension of benefits and services from the state.
Such measures are of a temporary nature, until the requirements of the legislation on mobilization are fulfilled, and are terminated directly by the head of the TCC of the JV by sending a notice to the Unified Register of Debtors.
"But the order of introducing such restrictions, as well as the removal of such restrictions, is not foreseen by the project, which clearly needs to be revised," Marina Bekalo said.
Military training for all
The draft law proposes to introduce basic military training for up to three months for all citizens of Ukraine aged 18 to 25 at all educational institutions. As well as optional basic military service up to the age of 25 for those who have not completed basic military training.
People's deputies will have the right to adjournment
According to the draft law, the right to adjournment is granted to current people's deputies of Ukraine and deputies of the Verkhovna Rada of the Autonomous Republic of Crimea.
The deferment will be "taken away" from persons with disabilities of the III group
According to the draft law, persons with disabilities of the I or II groups, or persons who are temporarily unfit, have the right to postpone the draft for military service during mobilization.
The conscription age will be lowered
The draft law proposes to change the conscription age in Ukraine from 27 to 25 years.
Always carry military registration documents with you
The draft law stipulates the obligation to carry a military registration document with the relevant notes on acceptance/removal or exclusion from military registration. Which TCCs of the JV have the right to claim and photograph.
"The absence of a military accounting document will be considered a violation of the rules of military accounting, for which administrative responsibility is assumed under the current Article 210 of the Code of Ukraine on administrative offenses," said the lawyer.
What should alarm Ukrainians
All these proposals can still be changed, as the draft law must be considered in the parliament. The first meeting will be held on January 10, 2024. Marina Bekalo says that the document will probably be further revised.
"But, in my opinion, what should clearly alarm Ukrainian society is the endowment of TCC JV leaders with tools to limit citizens' rights. Such measures are not just a violation of the property rights of citizens, but also violate the constitutional principle of the presumption of innocence," the lawyer said.
First, the guilt of the conscript must be proven in a court of law, after which the state executor, not the head of the TCC JV, must enter appropriate restrictions on the guilty person in the Unified Register of Debtors.
"Granting such powers to the heads of the TCC of the JV is a violation of the principles of democracy. Giving the heads of TCC JV powers over the property interests of citizens also provides ample opportunities for abuse and new corruption schemes," says Maryna Bekalo.
Zaluzhnyi commented on the new draft law
On December 26, the Commander-in-Chief of the Armed Forces of Ukraine, Valery Zaluzhnyi, answered questions about the new draft law on mobilization on the air of a telethon. He stated that the issue of postponement of mobilization should be dealt with by the executive authorities, which will determine who should or should not be called up.
"Whom the state will call is not my competence. I need people, ammunition and weapons to continue fighting," said the Commander-in-Chief of the Armed Forces.
