New draft law on mobilization has number of contradictory provisions - Lubinets
The new government draft law No. 10449 on the rules of mobilization has a number of controversial provisions.
This was stated by the Verkhovna Rada Commissioner for Human Rights Dmytro Lubinets, Censor.NET reports.
Lubinets draws attention to a regulatory incident regarding the procedure for traveling abroad for men aged 18 to 60 who are registered for military service or excluded from it in accordance with the established procedure. "The issue here is in the marks: the wording "remove" and "exclude" from military registration (which is indicated in the military ticket) in practice becomes a problem that needs to be resolved," he notes.
The draft law proposes to provide for the obligation to register an account of a conscript, person liable for military service, or reservist, for failure to do so, the latter shall bear legal responsibility as defined by the law. However, according to the Ombudsman, this does not comply with the provisions of the Constitution of Ukraine, the Law of Ukraine "On Personal Data Protection", and the legal positions of the Constitutional Court regarding the official interpretation of the right to private and family life. Lubinets proposes to exclude such an obligation from the draft law and to enshrine the right, i.e. the possibility, to register an account of a conscript, person liable for military service, or reservist.
The issue of granting representatives of the TRC and SS (Territorial Recruitment Center and Social Support - ed.note) the right to check military registration documents of citizens aged 18 to 60 also contradicts the Constitution, the ombudsman emphasizes. Such checks can only be carried out by employees of the National Police and the State Border Guard Service of Ukraine.
"The amendments also provide for the deprivation of the right to exemption from military service during mobilization and for a special period for postgraduate students who receive a level of education at the expense of individuals or legal entities on a contract basis. At the same time, all other categories of students under these conditions retain the right to exemption from conscription. This is contrary to the requirements of Article 24 of the Constitution of Ukraine on the equality of rights of citizens and the prevention of discrimination on certain grounds," the Ombudsman said.
Lubinets also considers inappropriate the provision of the draft law on conscription for military service during mobilization regardless of the place of military registration.
"That is, a person may be called up for military service while on a business trip, while visiting his parents for the weekend, while staying in a sanatorium or medical facility outside his place of residence. However, as the analysis of appeals to our Office shows, this approach to mobilization often violates the right of citizens to exemption from conscription, since citizens do not carry medical documents, as well as documents entitling a person liable for military service to exemption from conscription (birth certificates of children, certificates of disability of parents, etc.), as they are required by law to be submitted to the TRC and SS at the place of military registration," the Ombudsman explains her position.
