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What can Ukrainians expect from the new law on mobilization

mobilization

On February 7, the Verkhovna Rada of Ukraine voted in the first reading for a new bill on mobilization.

243 People's Deputies voted for it. The "Servants of the People" faction gave the most votes - 178. Poorshenko's "EU" and Yulia Tymoshenko's "Batkivshchyna" factions did not cast any votes. Next, by factions and groups, who voted "FOR":

  • Platform for life and peace — 17;
  • For the future - 7;
  • Voice — 3;
  • Trust — 18;
  • Restoration of Ukraine — 12;
  • Extra-fractional — 8.

In the first reading, the draft law has the following innovations:

  • abolish conscription, replacing it instead with compulsory military training for all men (for women – optional)
  • lower the mobilization age from 27 to 25 years
  • establish as a basis for dismissal 36 months of military service from the day of mobilization, but the final decision is at the Headquarters of the Supreme Commander-in-Chief
  • to restrict the rights of the petitioners by court decision, in particular to prohibit them from driving vehicles
  • implement an electronic office of conscripts

Who should register for military service?

If citizens of Ukraine leave the country and stay abroad for more than three months, they must register within 7 days of returning to their new place of temporary stay. This rule applies to conscripts, conscripts and reservists. Yes, the following are required to register:

  • conscripts aged 16 to 27 years
  • conscripts and reservists who have not yet reached the maximum age of being in the reserve
  • women aged 18 to 60 with a medical education
  • women aged 18 to 60 who voluntarily serve in the army

Where to register for military service abroad

Citizens of Ukraine living abroad have the opportunity to undergo military registration through diplomatic institutions that carry out consular registration. It is important to note that such institutions do not have the right to issue subpoenas, so their function is limited to military accounting.

In the event that a conscript, conscript or reservist does not appear at a foreign diplomatic institution of Ukraine within 7 days for military registration, he will violate the established rules, which is subject to liability according to the Order, which provides for a fine of 30 to 50 thousand hryvnias in accordance with Article 210 of the Code of Ukraine on Administrative Offenses.

Reaction of politicians

Yuliya Timoshenko came out categorically against this law and called it "unconstitutional". After the vote, she called on the deputies to create a special working group that will prepare the draft law for the second reading in order to eliminate unacceptable norms.

"How could electronic subpoenas be predicted if some people do not use these electronic devices? How was it possible now in this law, after the Parliament returned, to introduce the whole system of violence: from the blocking of accounts to, sorry, prison? You can't do that. And how was it possible to review the I, II, III disability group again? And how can single parents and mothers be thrown to the front, if the other has not officially given up the child? What do you think? This law hits both children and the disabled, it hits parents and everyone else who can be hit." - said Tymoshenko, speaking in the Verkhovna Rada.

Verkhovna Rada Commissioner for Human Rights Dmytro Lubinets also reported that the updated version of the government draft law on mobilization contains a number of unconstitutional and contradictory norms.

"This provision of the draft law does not correspond to the provisions of the Constitution of Ukraine, the Law of Ukraine "On Protection of Personal Data", the legal positions of the Constitutional Court of Ukraine regarding the official interpretation of the right to personal and family life. Therefore, such an obligation should be excluded from the draft law. It is more appropriate to enshrine in it the right, i.e. the possibility, to register the electronic account of a conscript, conscript, or reservist." Lubinets noted.

In addition, Dmytro Lubinets criticized the following points:

  • granting the right to representatives of the TCC and SP to check the military registration documents of citizens aged 18 to 60, as this contradicts the Constitution;
  • deprivation of the right to exemption from conscription for military service during mobilization, for a special period of graduate students who obtain a level of education at the expense of individuals or legal entities under the terms of a contract (also contradicts the requirements of the Constitution);
  • implementation of conscription into the army regardless of the place of stay of conscripts on military records, since persons who are on a business trip or in a medical institution outside their place of residence may not have with them documents giving the right to exemption from conscription;
  • cancellation of the order of referral to alternative service of citizens who are subject to conscription for military service during mobilization for a special period, as this contradicts the Constitution of Ukraine.

"Such an important draft law 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." - concluded the ombudsman.

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