Top 5 questions and answers about the Institute of Military Ombudsman in Ukraine

In the conditions of a full -scale war, the issue of the effectiveness of the mechanisms of protecting the rights of servicemen is becoming more acute. For a long time, the idea of ​​introducing an institute of the military Ombudsman was actively discussed in experts and public. In the practical plane, this institute in Ukraine exists since December 30, 2024: then the President Decree No. 886/2024 appointed Olga Kobylinsk (Reshetilov) to his commissioner for the protection of the rights of servicemen and their families. In the first 20 days, the Commissioner received about 4 thousand appeals, most of which concerned the passage of the VLK and the transfer of fighters between the units (which she publicly reported on her Facebook page).

Such a hype was the impetus that the President developed, submitted to Parliament, and defined as an urgent bill No. 13266 of 08.05.2025 on the military Ombudsman. In early June, it was adopted as a basis in the first reading of 287 votes of deputies. In this column, we answer the key 5 questions about the institute, which is likely to work in Ukraine in the near future.

Who is the military Ombudsman? It is an official through whom the President of Ukraine will control the observance of the rights of military personnel by military administration and command. Such a wording somewhat limits the scope of the military Ombudsman, since certain issues of social security, treatment, and others, although they relate to military service, are within the competence of other bodies, such as the Pension Fund or Medical Institutions, will formally be uncontrollable Ombudsman.

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Why does Ukraine need a military Ombudsman now? The protection of the rights of servicemen is now one of the key tasks that covers a wide range of issues: from social guarantees, proper medical support to prevent and counteract misconduct by military command.

If you look at world experience, for example, for Canada and most European countries, the Institute of Military Ombudsman has long been new (in particular, in Sweden it has been successfully operating for over 110 years). In Ukraine, after the start of a full -scale invasion, it became apparent that the current mechanisms – in particular the military prosecutor’s office, the hotlines of the Ministry of Defense, the judicial protection – due to the load, they lost their efficiency and ceased to ensure real protection of rights.

The current situation with the appeals of servicemen illustrates a systemic crisis. Complaints, which have been given for no more than a month, are in the Ministry of Defense in a suspended state for months, and those to which the turn has reached, they “descend” on military units, which caused such complaints. As a result, the reaction to them is prepared by the “violators”. The actual terms of consideration of cases in the administrative courts are gradually increasing. Catastrophic situation in KOAS: only the issue of opening the proceedings, which is given for 5 days, can be resolved for up to six months, while the case, even simple enough, can take years. The Central VLK is also not distinguished by the efficiency of complaints: from the terms of consideration and to the quality of the decisions made. One of the key reasons is on the surface: organs are overloaded, the incompatibility of their resources with the number of questions that are addressed to them.

There is a need to create a new, independent and non -engaged institute that will not replace existing bodies, but will become an additional and possibly more effective tool for solving problematic issues. The military Ombudsman has every chance of becoming such an institute.

What amount of authority will the Ombudsman have? The powers of the military Ombudsman will be extended to the military and reservists of the Armed Forces and other security and defense bodies, members of volunteer formations of TROs, foreigners and OTGs who are serving in the Armed Forces, NSU and the State Secretariat of Transport, Police Special Purpose of the NPS.

What are the main areas of work of the military Ombudsman? The office, which will be created to ensure the work of the military Ombudsman, should become a central hub for appeals of servicemen whose rights are violated. In the bill taken in and reading, the main areas of activity include:

Consideration of complaints of military personnel and their authorized persons: Such complaints can be individual or collective and should be considered within 10 days (shortened compared to the total time). The provisions of the Law on Citizens will not apply to them, in particular, in terms of consideration and procedural requirements. In addition, the bill provides for the possibility of carrying out the Ombudsman personal reception of citizens.

Conducting inspections: According to the results of the complaints or in case of detection of information on violations in the other way, the Ombudsman will be able to appoint and carry out inspections of the circumstances of such a violation (in particular, in military units and other military administration bodies), on their results to take measures to terminate violations and consider the issues of bringing the perpetrators to disciplinary responsibility. The period of inspections is 30 days with the possibility of extension for the same period. This will respond promptly to the detected facts of violations and require their elimination.

Drawing up protocols on administrative offenses: Although such powers are defined in the bill, there are no instructions on what offenses will be attributed to the jurisdiction of the military Ombudsman. We are found in another bill – No. 13267, which was made in parallel. In particular, it provides for the supplement of the Code of Administrative Offenses with a new article-172-21-“failure to comply with the legitimate requirements of the military Ombudsman”, as well as the supplement of Art. 344 of the Criminal Code of Ukraine. It will now cover responsibility for interference with the activities of the military Ombudsman.

Ombudsman will also perform other tasks: it will analyze systemic problems in the field of military service, prepare proposals for changes to the legislation, annual reports and recommendations.

Accepted in and reading. What next? The approval of the deputies of the Company # 13266 in the first reading is a positive signal, which testifies to political will to create an institute of the military Ombudsman and support this initiative by the legislative branch of power. However, at this stage it is important to keep in mind that the bill contains significant disadvantages.

Firstlythere is an unclear ratio of the powers of the military Ombudsman with the NSDC (in the part of control in the security and defense sector) and the Verkhovna Rada Commissioner for Human Rights (regarding the observance of rights and freedoms). The bill does not contain a clear mechanism for interaction between these institutions.

SecondThe procedure of appointment of the military Ombudsman is not sufficiently regulated: there are no clear requirements for candidates, selection criteria, the order of appointment and dismissal. Some of the norms may contradict the Constitution of Ukraine – in particular, with the President’s delegation, which is explicitly prohibited by Art. 106 of the Constitution.

It is expected that after elimination of deficiencies, further consideration of the bill in parliament will take place without delay. After passing the law, the key to the office of the military Ombudsman will be the key to the office (according to available information, the authorities already take the first steps in this direction and have started the selection of appropriate personnel): the appointment of qualified specialists, the creation of available channels for appeals, monitoring systems and establishing effective interaction.

The effect that everyone expects from the office of the military Ombudsman is unloading of other bodies, the results of consideration of the first cases, bringing the perpetrators to justice, eliminating gross and mass violations. It should become noticeable in a few months of active work. Equally important will be the emergence of trust by servicemen in the new mechanism as a real means of influence, not another formality.

Nicholas Herem, Senior Lawyer, Yuf Integrites

Material is created in co -authorship with a junior lawyer Victoria Bondar

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