The government bill on mobilization No. 10449 contains a number of norms that contradict the Constitution of Ukraine.
Verkhovna Rada Commissioner for Human Rights Dmitry Lubinets wrote about this on his social networks.
Ombudsman's Remarks
The Ombudsman writes that “in general” he agrees that Ukraine should normatively improve issues relating to mobilization preparation and mobilization itself.
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— However, this must comply with the norms of the Constitution of Ukraine and international agreements in the field of human rights. Unfortunately, government bill No. 10449 on the rules of mobilization again has a number of contradictory provisions, — he wrote.
He recalled that earlier a number of comments on the bill were voiced by his representative on social and economic rights, Elena Kolobrodova, during a meeting of the Verkhovna Rada Committee on Social Policy and Protection of Veterans' Rights.
In addition, a letter of comments on the bill was sent to the relevant Committee on National Security, Defense and Intelligence.
— In general, comments to the new mobilization bill took up as many as 9 pages, — Lubinets reported.
Military registration
According to him, there is a regulatory issue regarding the procedure for traveling abroad for men aged 18 to 60 who are registered with the military or excluded from it in accordance with the established procedure.
— Here the question is in the marks: wording “remove” and “exclude” with military registration (which is indicated on the military ID) in practice becomes a problem that requires resolution, — explains the ombudsman.
Restriction of exit rights
He adds that the bill also states that the military command can establish a temporary restriction on the right of a Ukrainian citizen to leave the country.
— However, in accordance with the requirements of Article 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. Therefore, these proposed changes contradict the Constitution of Ukraine, — he wrote.
Electronic recruiter's office
In addition, Lubinets points out, the bill proposes to provide for the obligation to register the electronic account of a conscript, a person liable for military service, or a reservist, for failure to comply with which the latter bear legal liability as defined by law.
— However, this provision of the bill does not comply with the provisions of the Constitution of Ukraine, the Law of Ukraine on the Protection of Personal Data, and the legal positions of the Constitutional Court of Ukraine regarding the official interpretation of the right to personal and family life. Therefore, such a duty should be excluded from the bill. It would be more expedient to consolidate in it the right, that is, the opportunity, to register the electronic account of a conscript, a person liable for military service, a reservist, — explains the Commissioner for Human Rights.
Powers of TCC and SP employees
In particular, the issue of granting the right to representatives of the TCC and SP to check the military registration documents of citizens aged 18 to 60 years also contradicts the Constitution.
— Such checks can only be carried out by employees of the National Police, as well as personnel of the State Border Service of Ukraine. In accordance with 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, — explains Lubinets.
Rights of graduate students
The Ukrainian Ombudsman also points out that the changes also indicate the deprivation of the right to exemption from conscription for military service upon mobilization, for a special period, of graduate students who receive a level of education at the expense of individuals or legal entities on a contract basis. At the same time, under these conditions, all other categories of education applicants retain the right to exemption from conscription, which contradicts the requirements of Art. 24 of the Constitution of Ukraine regarding the equality of rights of citizens and non-discrimination on certain grounds.
Summon regardless of location
Additionally, Dmitry Lubinets says that the new bill stipulates that conscription for military service upon mobilization is carried out regardless of where they are registered with the military. Thus, a person can be called up for military service while he is on a business trip, during a weekend trip to his parents, or while staying in a sanatorium or medical institution outside his place of residence.
— However, as an analysis of requests to our Office shows, with this approach to mobilization, the right of citizens to exemption from conscription is often violated, since medical documents, as well as documents that entitle a person liable to military service to be exempt from conscription (birth certificates of children, certificates of disability of parents etc.), citizens do not carry them with them, since by law they must be provided to the TCC and SP at the place of military registration. Therefore, enshrining this norm in law is inappropriate, — he says.
Alternative service
The Ukrainian Ombudsman points out that issues related to alternative (non-military) service, the current version of the Law of Ukraine On Alternative (non-military) Service does not currently provide for the possibility and procedure for sending citizens subject to conscription for military service to alternative service mobilization for a special period.
— However, there are individual cases of sending citizens to military service whose religious beliefs do not allow them to fulfill military duty, which contradicts what is guaranteed to them by Art. 35 of the Constitution of Ukraine to the right to freedom of conscience, — he points out.
The Ministry of Defense received a remark
Dmitry Lubinets also reported that the day before he met with the Minister of Defense of Ukraine Rustem Umerov
— I would like to note positively that he is ready to respond to comments. Such an important bill for the country must take into account the nuances and, above all, comply with all the norms of the Constitution. Human rights cannot be neglected, — he summarized.
Mobilization bill
On January 30, the Government of Ukraine submitted to the Verkhovna Rada an updated version of the bill on military service, mobilization and military registration No. 10449.
Later, the Ukrainian parliament already pointed out the shortcomings of the draft law proposed by the Cabinet of Ministers. Among the mentioned comments, in particular, there were no clear standards for the rotation of military personnel.
