Changes to rules on mobilisation and job reservation are merely proposal, not law, - Lubinets
There is currently public debate regarding possible amendments to the legislation on mobilisation. In particular, the discussion centres on revising the grounds for deferral from conscription during mobilisation for certain categories of citizens, as well as on potentially tightening the requirements for reserving employees subject to military service and changing the criteria for designating enterprises as critical.
Dmytro Lubinets, the Verkhovna Rada’s Human Rights Commissioner, wrote about this on Facebook, according to Censor.NET.
Unofficial information
He emphasises that "before drawing sweeping conclusions about the allegedly inevitable curtailment of citizens’ rights", it is worth understanding "exactly what is being discussed".
According to Lubinets, the proposals put forward include additional conditions for parents of children with disabilities, people with disabled relatives, and citizens providing constant care for family members to obtain deferrals. There are also reports of a possible review of recruitment quotas, particularly at enterprises in the defence-industrial complex and the energy sector.
The draft bill has not been submitted to the Ombudsman
"However, it is important to set the record straight: we are talking about potential legislative changes, not an adopted law. This is a fundamental difference that should not be lost amidst sensational headlines. As the saying goes, don’t count your chickens before they’re hatched. And in the legislative process, there are still quite a few stages to go before that ‘hop’. Furthermore, this draft bill has not been submitted to the Office of the Ombudsman of Ukraine. Consequently, I cannot comment on it as an officially received document or form a definitive legal assessment based on reports from third parties," the Ombudsman notes.
Protection of vulnerable groups and children’s rights
However, as Lubinets emphasises, the protection of children’s rights – particularly those of children with disabilities – and support for people requiring constant care and their families are of the utmost importance. Children and families who depend on the help of their loved ones must not become hostages to flawed legislative decisions.
That is precisely why, whilst reviewing the relevant documents, he will personally pay particular attention to potential risks to the rights of children with disabilities, people in need of constant care, and their family members. Any new conditions must be carefully considered and must not lead to an unjustified restriction of the content and scope of human rights.
Clear rules for reservation
According to the Parliamentary Commissioner, the issue of reserving workers is no less important. In his view, the revision of the relevant rules must take into account defence needs, the uninterrupted operation of critical infrastructure and the protection of people’s labour rights. The criteria for designating enterprises as critical and the reservation quotas must be clear, well-founded and predictable, so that the state’s decisions do not create legal uncertainty for employees and employers.
"Ensuring the state’s defence capability and protecting human rights are not mutually exclusive objectives. Measures aimed at strengthening defence must be implemented in strict compliance with the Constitution of Ukraine, international human rights standards and the principle of proportionality.
To sum up, I would like to point out that we should not rush to conclusions. When the relevant draft legislation is submitted to the Ombudsman’s Office, it will be examined within the scope of my powers and, if necessary, a corresponding legal assessment will be provided," concludes Lubinets.
What led up to this?
- It was previously reported that the Ministry of Economy is proposing to reduce the quota for reserving defence industry workers from 100 per cent to 85 per cent.
- At the same time, the Armourers’ Council has opposed this decision and is calling for the option to reserve up to 100 per cent of conscript-eligible employees at companies in the sector to be retained.
- The National Association of Defence Industry Enterprises of Ukraine (NAUDI), for its part, has called on the Ministry of Economy to withdraw the draft resolution on reducing the mobilisation quota for the defence industry to 85 per cent.
