“The VRU registered draft law No. 14239 “On Amendments to Article 39 of the Law of Ukraine “On Military Duty and Military Service” regarding the clarification of certain cases of mobilization”, which provides for the conscription for military service during the mobilization of convicts and accused persons who have not committed serious crimes against the life and health of a person, sexual freedom and sexual integrity of a person, against the foundations of the national”, — write on: ua.news
Registered with the VRU draft law No. 14239 “On Amendments to Article 39 of the Law of Ukraine “On Military Duty and Military Service” regarding clarification of individual cases of mobilization”, which provides for the conscription for military service during the mobilization of convicts and accused persons who have not committed serious crimes against the life and health of a person, sexual freedom and sexual integrity of a person, against the foundations of national security of Ukraine.
The submitted draft law is aimed at clarifying the provisions of Article 39 of the Law of Ukraine “On Military Duty and Military Service” in terms of defining the circle of persons who can be called up for military service during mobilization in a special period.
Its main goal is to eliminate legal uncertainty regarding the possibility of enlisting in military service persons who have the status of convicted or accused, as well as to establish clear and justified restrictions for certain categories of such persons, taking into account the nature of the crimes committed, the state of health and official position.
Proposed changes
The draft law proposes to rewrite the first paragraph of the fourth part of Article 39 of the aforementioned Law, which provides for the possibility of conscription during the mobilization of persons convicted or accused, with the exception of persons who have committed particularly serious crimes against the foundations of national security of Ukraine, public safety, peace and security of humanity, as well as crimes against sexual freedom and sexual integrity.
Separately, the possibility of mobilization of persons with disabilities of the I or II groups and persons recognized as unfit for military service according to the opinion of the medical and social expert commission, which corresponds to the principles of humanism and social protection, is excluded.
In addition, the draft law establishes a ban on conscription during the mobilization of convicted officials who held a particularly responsible position in accordance with the footnote to Article 368 of the Criminal Code of Ukraine, which is aimed at preventing abuse and maintaining public trust in state institutions.
The proposed changes are generally consistent with the Constitution of Ukraine, in particular with Article 17, which defines the protection of the sovereignty and territorial integrity of the state as a matter of the entire people, and also do not violate the principle of equality of citizens before the law, as the established restrictions are objective, legitimate and proportional in nature.
The draft law also corresponds to the provisions of the Criminal Code of Ukraine, as it takes into account the degree of public danger of certain categories of crimes and the need to ensure the appropriate level of military discipline and security in the Armed Forces of Ukraine and other military formations.
Conclusions
Adoption of the draft law will contribute to clearer and more unambiguous law enforcement of the norms of mobilization legislation, reducing the number of controversial situations during decision-making by territorial recruitment and social support centers, as well as ensuring a balance between the needs of state defense and the observance of human rights and freedoms.
Galina Chernyakina
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