Draft law on mobilization: Ombudsman explains what will be done with provisions that contradict the Constitution

The Ukrainian Parliament Commissioner for Human Rights Dmytro Lubinets said that a meeting with representatives of the Ministry of Defense on the draft law on mobilization had been held the day before, at which compromises were found on those points of the document that contradict the Constitution. He said this during a telethon, UNN reports.

Details

According to Mr. Lubinets, the Constitution of Ukraine allows for the restriction of citizens' rights when martial law is officially introduced. On the other hand, the draft law cannot directly violate the rights that are listed as basic in the Constitution.

So at first analysis, I saw that there (in the draft law on mobilization - ed.) there are some provisions that contradict the Constitution. But last night I had a working meeting with representatives of the Ministry of Defense and experts from our institution, where we found compromises online, how to ensure the law on mobilization on the one hand, and on the other hand, not to violate people's rights

He also said that a meeting of the relevant committee would be held to prepare the draft law for submission to the session hall. "There will be a separate expert assessment from me. We will make sure that people's rights are protected," the Ombudsman summarized.

Recall

Earlier, the Verkhovna Rada Commissioner for Human Rights Lubinets stated that the draft law on mobilization contains provisions that contradict the Constitution of Ukraine.

For reference

On December 25, the Cabinet of Ministers of Ukraine submitted to the Verkhovna Rada draft law No. 10378 regulating mobilization, recruitment and military service.

This legislative initiative envisages a number of restrictions and sanctions against Ukrainian citizens liable for military service who evade mobilization. According to the information, those who evade will be entered into a specially created open Unified Register of Debtors. As a result, they will be restricted in their right to use their own transport, will not be able to obtain a driver's license, travel abroad, carry out transactions with movable and immovable property, and will be restricted in their right to use cash and other valuables, will not be able to obtain a loan and enjoy benefits.

In addition, according to the draft law, draft dodgers and those who refuse to undergo a medical examination could face imprisonment for three to five years.At the same time, the government proposes to increase the fine for violating the rules of military registration tenfold.  The fine for violating the rules of mobilization and military service may also increase.

In addition, it will be possible to detain violators for three days to identify them and clarify the circumstances. Currently, administrative detention does not exceed three hours.