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Provisions on tougher penalties for military personnel for insubordination will be removed from bill, - Ministry of Defence

There will be no tougher penalties for military personnel for insubordination, according to the Ministry of Defence.

The Ministry of Defence has held consultations with the chairman of the Verkhovna Rada Committee on Law Enforcement and the chairman of the Verkhovna Rada Committee on National Security, Defence and Intelligence on draft laws No. 13452 and No. 13266, which have caused a public outcry.

This was reported by the press service of the Ministry of Defence, Censor.NET reports.

It is noted that the defence ministry supports the position of the committees on the need to exclude from Bill 13452 the provisions on increasing the responsibility of the military for disobedience.

"The changes proposed in the draft law deprive courts of the opportunity to take into account the circumstances of the case and impose a lighter sentence, which effectively turns the trial into a formal procedure without taking into account individual factors," the Ministry of Defence said.

The Ministry of Defence added that draft law No. 13452 needs to be finalised in cooperation with the relevant committees of the Verkhovna Rada.

"Discipline in the army should not be based on punishment, but on justice. The Ministry has consistently advocated that the military, who are currently defending our country, should be able to protect their rights," the ministry said.

At the same time, the Ministry of Defence and MPs agreed to fully support the draft law No. 13266 "On the Military Ombudsman" submitted to the parliament by the President of Ukraine.

The military ombudsman is a civilian who will have the trust of defenders and their families and will be responsible for protecting their rights:

  • servicemen of all the Defence Forces of Ukraine;
  • police officers involved in hostilities;
  • foreigners and stateless persons serving in the Armed Forces of Ukraine;
  • other categories of persons defined by law.

The Ministry of Defence is convinced that the creation of a new institution for Ukraine, the military ombudsman, is a necessary element in the architecture of justice for servicemen.

As reported, on 4 September, the Verkhovna Rada adopted in the first reading draft law No. 13260, which provides for stricter punishment for military personnel for unauthorised abandonment of a unit under martial law.

Earlier, the Verkhovna Rada Committee on Law Enforcement supported draft law No. 13452, which proposes to punish servicemen for disobeying a command order with 5 to 10 years in prison.

In May 2025, President Volodymyr Zelenskyy submitted a draft law on the military ombudsman to the Verkhovna Rada as an urgent matter. Among other things, the draft law provides for a clear procedure for filing and reviewing complaints, as well as an effective mechanism for inspections in military units and governing bodies.

At the end of July, the President said he expected the military ombudsman institution to become fully operational soon.