Controversial bill. Merciless Call

A controversial bill for which no one is ready to take responsibility.

“Under the Christmas tree” the Cabinet of Ministers put bill No. 10378 on changes in the rules of mobilization, military registration and military service to Ukrainians. This document should improve the issues of mobilization and demobilization, which until now were regulated by the norms of conditionally peacetime. The changes have been announced for six months; individual parts of the bill periodically surfaced in the media and social networks, but no one had seen the final version until yesterday evening. It was known that it was being developed in close cooperation between the government, the General Staff and the parliamentary committee on security and defense. The Supreme Commander-in-Chief demanded that the finished document be completed before December 25, and as a result, it appeared on the Verkhovna Rada website just at the end of Christmas day.

The first excerpts from the document came as a surprise not only to those citizens who had not yet slept, but also to people’s deputies. Not all of them even found the words to comment on the innovations the next day. Although the day before, the head of the mono-majority, David Arakhamia, expressed hope that the long-awaited bill from the Cabinet of Ministers would break up the huge number of fakes that have surrounded the issue of mobilization.

In fact, the situation has become even more confusing.

So what are the government and military proposing?

Mobilization in a new way. Key changes

According to the proposals, it is no longer necessary to run after men or forcefully pack them into beads in order to deliver them to the TCC. Article 22 of the future law will oblige conscripts, military personnel and reservists to register an electronic account where subpoenas will be sent. The registration form must additionally be approved by the Cabinet of Ministers. The authorities also promise to report calls to the TCC and SP to the e-mail of those liable for military service. It does not explain how to obtain data about the user’s email account. Valid reasons for non-arrival may be an obstacle of a natural nature, the illness of a person liable for military service or the death of his close relatives.

It is important here: the current version of the law only obliges those liable for military service to come to the TCC and SP and carry out a data reconciliation. Under the new rules, citizens must undergo a medical examination and treatment in medical institutions based on decisions of a military medical commission to determine suitability or unsuitability for military service.

Despite the digitalization of the mobilization process, the government still proposes to give police officers the power to issue summonses. Until now, military TCC and SP have the right to serve subpoenas. In addition, the government wants to legislate the granting of permission to the police or military TCC and SP to film and photograph the process of serving the summons.

The Cabinet of Ministers also wants to give powers to administrative service centers (ASSC) to clarify the credentials of conscripts, those liable for military service, reservists and military personnel. The bill states that the clarification procedure should be done within 60 days from the date of commencement of mobilization or within 20 days from the date of its extension. Let us recall that on November 9, President Vladimir Zelensky signed laws extending martial law and general mobilization in Ukraine for 90 days - until February 14, 2024.

The Cabinet of Ministers did not forget about the men who left Ukraine. In particular, the rule that military registration of Ukrainian citizens permanently residing abroad is not kept will disappear from the current law. And, consequently, the central government, represented by the Cabinet of Ministers, will develop a mechanism for maintaining military records of Ukrainian citizens who are permanently or temporarily abroad.

At the same time, the government also found internal reserves to replenish the ranks of the Armed Forces of Ukraine. It is proposed to mobilize... disabled people of group III. This follows from the adjustment to Article 23 of the Law, which talks about deferment from conscription for military service during mobilization. In the current version of the law, all persons with disabilities are not subject to mobilization. But the government bill grants immunity from conscription to the front only to persons with disabilities of groups I and II. There is no mention of group III disabled people here at all.

Pro-government people's deputy and member of the parliamentary committee on defense Maryana Bezuglaya has already found a scapegoat, because of whom people with disabilities will allegedly receive weapons. In particular, the people's deputy distributed a fragment of a copy of a document allegedly signed by the Commander-in-Chief of the Armed Forces of Ukraine Valery Zaluzhny, who advocates removing from the bill the norms that provide grounds for the release of group II disabled people!

By the way, the new initiatives of the Cabinet of Ministers also contain clauses on the personal responsibility of Commander-in-Chief Zaluzhny. If the Ministry of Defense, through the General Staff of the Armed Forces of Ukraine, is now developing a mobilization plan, then the proposed draft law states that the Ministry of Defense will directly do this with the Commander-in-Chief.

Separately, the government wants to give a deferment from mobilization to pregnant women and women who are on maternity leave until the child reaches three years of age, and in some cases until the child reaches six years of age. If these restrictive criteria disappear, then what? Mobilizing women?

True, another law on conscription and military service, amended by the government, found the answer: “Women registered with the military may be called up for military service or recruited to perform work to ensure the defense of the state in wartime on a voluntary basis.”

In this context, it is worth recalling the words of the Supreme Commander-in-Chief and President Vladimir Zelensky. During the final press conference for the media, he categorically stated that he would never sign the law on the mobilization of women.

Also, those liable for military service from among the citizens who served in the military and were discharged from service into the reserve due to their release from captivity will not be subject to conscription for military service upon mobilization. Such persons may be called up for military service with their consent.

Current people's deputies will not be mobilized either. It was the clarification “acting” that the Cabinet of Ministers introduced, thereby expanding the category from among former people’s deputies for potential sending to the front.

A few words about booking. According to the government’s plan, participation in the war will bypass all civil servants of category “A”. It includes all ministers, their deputies, heads of central executive bodies who are not members of the Cabinet of Ministers, and their deputies; Chief of Staff of the Verkhovna Rada and his deputies.

Civil servants of categories “B” and “C” (this includes, for example, the chairman of the Regional State Administration, his deputies and state administration employees) will be able to count on 50% of the “reservation”. But local government bodies will reserve reservations for those officials who ensure vital functions. In fact, we are talking about critical infrastructure workers.

The central government is changing the approach to the classification of types of military service. So, compulsory military service will sink into oblivion. Instead, there will be basic military service, which is carried out by men aged 18 to 25 years. In particular, this training for up to five months in peacetime (in wartime, the time frame is determined by the president) can be completed at higher military educational institutions, training units (centers) of the Armed Forces of Ukraine, and the like. To conduct basic combined arms training, public organizations and associations, including veterans, are involved. Citizens of Ukraine who have completed basic combined arms training are registered as liable for military service in territorial recruitment centers at their place of residence.

Important note: during martial law, assignment for basic military service is carried out on the basis of a decree of the President of Ukraine.

Another innovation from the government is that deprivation of military ranks and restoration to military rank is carried out by court decision.

The Cabinet of Ministers also dotted the i’s on previously controversial issues. Firstly, we are talking about persons of limited fitness in wartime. This language has been removed from the bill. But after examining the men, military medical commissions will make the following decisions: “fit for military service”, “unfit for military service”, “temporarily unfit for military service, requires treatment” and “subject to referral for additional medical examination and repeated medical examination” "

Secondly, convicts can be mobilized (at their request) to serve a sentence with probation. They will categorically not take to the front those convicted of committing crimes against the foundations of the national security of Ukraine, as well as crimes provided for in Articles 401 - 414, 426 - 433, 436, 437-442 of the Criminal Code of Ukraine.

Articles 401-414, 426-433, 436, 437-442 of the Criminal Code of Ukraine concern crimes of disobedience; failure to comply with an order; violations of the statutory rules of relations between military personnel in the absence of subordination relationships; desertion; evasion of military service by self-mutilation or other means; theft, appropriation, extortion of weapons, ammunition, explosives or other military substances by military personnel; intentional destruction or damage to military property; loss of military property; inaction of the military authorities; surrendering or leaving the means of warfare to the enemy; unauthorized abandonment of the battlefield or refusal to use weapons; voluntary surrender; looting; war propaganda; planning, preparing, unleashing and waging aggressive war; violation of the laws and customs of war.

The government bill specifies the terms of military service. For example, persons aged 18 to 25 years (except for officers) during martial law enter into a contract for one year. As for those liable for military service who performed continuous military service during the legal regime of martial law for 36 months and were discharged from service, they can enter into new contracts for six months.

In the event of the end of the special period or the announcement of a decision on demobilization, such contracts are terminated early.

It will not happen without high-profile sanctions against military personnel and reservists. If this category of citizens, if the government bill is adopted, does not clarify their credentials with the TCC and SP, then temporary measures, as they were called in the government, will be applied to them.

In particular, these persons will be included in the Unified Register of Debtors for the Application of Restrictions:

ban on traveling abroad;
ban on transactions with movable and immovable property;
restrictions on the right to drive your own vehicle and obtain a driver's license;
restriction of the right to use and dispose of funds and other valuables;
refusal to conclude a credit agreement or loan agreement;
suspension of receiving benefits and services from the state.

The authorities clarified: the listed restrictions are canceled after reconciliation of the data of those liable for military service and reservists in the TCC and SP.

In addition, administrative and criminal liability is increasing. Violation of military registration rules by conscripts, those liable for military service, and reservists entails a fine of 8.5 thousand UAH to 17 thousand UAH (now the penalty for this is no more than 1.7 thousand UAH).

For violation of the legislation on defense, conscription and military service, mobilization training and mobilization, a fine of 34-85 thousand UAH is expected (for citizens and officials). If this violation is committed under the conditions of a special period, the fine will increase to 153-204 thousand UAH (currently there is no such norm).

Additionally, one more rule is introduced: persons who violated the legislation on defense, military duty and military service, military registration rules, mobilization training and mobilization during the special period may be detained for up to three hours to draw up a protocol, and, in necessary cases, to establish the identity and /or clarifying the circumstances of the offense - up to three days.

Criminal liability is also being introduced for refusing to undergo a medical examination during mobilization - from three to five years in prison. By the way, this is equivalent to punishment for evading conscription for military service upon mobilization.

Reaction of human rights activists

"Commander in Chief" sought comments from legal experts regarding the proposed changes to mobilization. Military lawyer Daria Solareva focused on the abolition of the deferment from conscription for military service for the mobilization of persons with group III disabilities. In her opinion, this is an absurd norm, since in accordance with the regulations on military medical examination in the Armed Forces of Ukraine, persons whose state of health and physical development allow them to carry out the appropriate commands are considered fit for military service. At the same time, the lawyer recalled that disability group III is established in conditions where there are persistent, moderate functional impairments in the body caused by disease, consequences of injuries or congenital defects.

“Disability group III is established for the following diseases, in particular, but not only: absence of one eye, bilateral deafness, scoliosis of the third degree, kyphoscoliosis of the third degree with the presence of respiratory failure or scoliosis or kyphoscoliosis of the fourth degree, absence of one kidney, absence of one lung. With all due respect to people with disabilities, making them a mobilization resource is not a very smart idea. If such a person expresses a desire, having assessed the risks, then please do so; otherwise, this is exposing such a person to danger,” the lawyer is convinced.

On the abolition of a deferment from military service upon mobilization for persons receiving a second higher education in a specialty other than the one received in the first. It is now proposed that a deferment will be given to “applicants for vocational (vocational), professional pre-higher and higher education who study in full-time or dual forms of education and receive a level of education that is higher than previously received in one specialty (specialty), as well as doctoral students students studying in full-time or dual forms of education. According to Daria Solareva, this issue is complex, because, from the point of view of common sense, it is clear that the number of conscripts who receive a second or third full-time education has increased significantly with the beginning of a full-scale invasion. On the other hand, in particular, Article 64 of the Constitution indicates that in conditions of martial law or a state of emergency, certain restrictions on rights and freedoms may be established, indicating the duration of these restrictions. The right to education is subject to specific constitutional restrictions during martial law, but such restrictions do not comply with international standards.

Regarding the electronic account of a conscript, a person liable for military service, or a reservist. According to the human rights activist, there are difficulties in implementing this provision, since not all persons may have the opportunity to create such an office and use it. It's like the Diya mobile app. Therefore, this issue requires sufficient study, since there may be an issue of discrimination based on financial status.

Regarding restrictions on the rights of citizens abroad. Carrying out consular actions in foreign diplomatic institutions of Ukraine, issuing passports, etc. is discrimination based on gender, says Daria Solareva. Legislation in the field of mobilization should be the same for both men and women who are liable for military service. This is a violation of Article 24 of the Constitution of Ukraine. In addition, this can also be considered a violation of Article 25 of the Constitution, which states that Ukraine guarantees care and protection to its citizens who are outside its borders.

“Another interesting point for those liable for military service who were forced to leave the temporarily occupied territories through the territory of the Russian Federation to other countries. Such persons, in principle, do not have such documents. The question is whether the relevant consular office is an entity that can issue new military registration documents. In my opinion, Articles 20 and 20-1 of the proposed bill violate the fundamental rights of citizens,” the lawyer said.

On the positive side, the military lawyer highlighted a two-year deferment from mobilization service for persons who served in military service during martial law and were transferred to the reserve, as well as streamlining the procedure for serving summonses.

“It is worth noting that the problem of mobilization and creation of a mobilization resource is that future military personnel see that their rights during or after service will not be protected. Indeed, there are problems with the fact that commanders arbitrarily restrict the rights of military personnel to undergo military military training, leave, and transfer. At best, they simply ignore or do not accept reports; at worst, they demand undue benefits. Those military personnel who have the courage to defend their rights “miraculously” leave their units without permission or disappear without a trace. Wounded military personnel also have many problems with treatment, determination of disability, and the like. Under these conditions, all those who have grounds for dismissal, in particular for family reasons, exercise this right. Unit commanders create a negative image of military service, TCC and SP also do not contribute to the idea of ​​the legality of mobilization,” concluded Daria Solareva.

Lawyer Roman Kichko focused on the analysis of the rule on deferment for persons whose woman/husband or one of the parents has a disability group I or II.

According to him, previously this norm provided that all persons who have a wife (husband) from among persons with disabilities and/or one of their parents or the parents of their wife (husband) from among persons with disabilities of group I or II have the right to a deferment . In June 2023, changes were made: the right to a deferment is retained if such a disabled person (father/mother) does not have other able-bodied persons obligated, according to the law, to support them;

“As a lawyer, I can safely report that after these changes, the TCC generally began to equate all concepts with maintenance, care, guardianship. In short, a whole field for abuse has emerged. In fact, if, for example, a person with a disability had a son and daughter, they lost the right to a deferment. Now the specified norm is being changed. Firstly, the wife’s third disability group is removed as a basis for deferment. Secondly, a father/mother with a disability of groups I-II will supposedly choose who will receive the right to a deferment. For example, a son or daughter. Why supposedly? Because the authors of the draft law did not clearly describe the changes,” the lawyer said.

The human rights activist explained: if the government bill is adopted in the proposed wording, then medical and social expert commissions (MSEC) and medical advisory commissions (MAC) will face an extra burden when issuing medical reports on the care of persons with disabilities.

Regarding the application of restrictions to those liable for military service who have violated the relevant rules of military registration. Roman Kichko drew attention to the fact that there is not a single mention in the bill that these measures will be applied on the basis of a court decision. It is only indicated that, according to the head of the territorial center for recruitment and social support, the data is entered into the register of debtors. The danger is that the head of the TCC and the joint venture will replace law enforcement agencies and the court: without a court decision, without law enforcement agencies, he will independently determine which person should be subject to restrictions.

“This is a critically dangerous norm, since the draft does not contain provisions according to which the grounds and legality of such a procedure will be checked,” the lawyer sounds the alarm.

The human rights activist recalled that even before this, some representatives of the TCC and the joint venture abused, for example, calling military personnel through Ukrposhta.

“The person didn’t even know that there was such a subpoena. After the person liable for military service did not appear on the summons, the TCC and SP, on their own initiative, considering such a summons to be served, transmitted information to law enforcement agencies that such a person was a “draft dodger.” This happened in violation of all possible legal norms,” recalled Roman Kichko. And he summarized: now it is possible to envisage a significantly larger number of legal disputes, complaints, criminal proceedings, and additional burden on judicial and law enforcement agencies, if the government bill is adopted in this form.

Political football

Now the Verkhovna Rada is on New Year's holidays and, if the project is taken up immediately after leaving them, then voting in the first reading can be expected already in the tenth day of January. This will probably be done according to the well-established scheme - a quick vote in the first reading, then purging the project of the most odious norms and moving on to adoption as a whole. After the battles in the committee in late January-early February, it is possible to go to a second reading and, if it goes well, then submit it for signature to the president. The bill stipulates that the new mobilization rules will come into force one month after its approval. That is, somewhere in early spring.

But this is an ideal plan if there are no serious failures in this mechanism. And they can appear due to political factors. At a recent final press conference, the president stunned with the figure that the military at one of the rates proposed to mobilize an additional 450-500 thousand people, but now this issue is being studied. Moreover, Vladimir Zelensky significantly distanced himself from the military, noting that he wants to hear more arguments from them for such a decision (in particular, due to significant payments from the budget for so many mobilized). “Mobilization laws must give answers to me and society first of all. So they (the military) started working on this plan. I have not yet seen demobilization there, and this is the number one question,” the Supreme Commander-in-Chief emphasized.

After these words from Zelensky, Defense Minister Rustem Umerov made it clear that the issue of demobilization can only be used when the war ends. But in the high-profile bill, the period after which a serviceman can be dismissed nevertheless appeared - 36 months. However, there are a bunch of other aforementioned norms that require separate explanation. For example, potentially one of the most controversial novelties about the inclusion of military personnel and reservists in the Unified Register of Debtors could become one of the “victims” for the adoption of the bill as a whole.

In the meantime, this discussion is actively continuing on social networks. Thus, pseudo-Ukrainian telegram channels, which are usually classified as part of the “FSB network,” are spreading the theory in unison that the counterintuitive mobilization bill is a political technology step by the President’s Office. Allegedly, his task is to direct popular indignation towards Valery Zaluzhny, after which the head of state, who mentioned “protecting civilians” at a press conference, will either veto the project, or it will be significantly softened under presidential supervision. True, this “cunning plan” is greatly spoiled by the fact that the bill is signed by Prime Minister Denis Shmygal, and in our conditions he is completely subordinate to the Office of the President. But this does not prevent other channels, already controlled by Bankova, from assuring that Shmygal does not understand anything about mobilization, and demanding explanations for society regarding the bill, primarily from the military.

Valery Zaluzhny, who has not been very public lately, went to a special briefing today and commented on the mobilization processes, but only created fog. The Commander-in-Chief of the Armed Forces of Ukraine made it clear that the military command did not make any requests “for any figures” on the mobilization that the president spoke about, but at the same time noted that a certain desired figure for the next year had nevertheless been formed. “It takes into account the coverage of the current kit that has arisen, the formation of new military units and forecasting our losses that we may suffer over the next year,” Zaluzhny said and made a remark that he could not tell anything in more detail due to military secrecy.

Zaluzhny also “washed his hands”, noting that who exactly the state will call upon is not at all within its competence. He also disavowed the introduction of “electronic subpoenas” prescribed in the bill: they say, I have nothing to do with it, but I will be happy with any means of replenishing the troops.

“Political football” in this situation is wrong,” political scientist Vladimir Fesenko is sure, “And from both sides - and not only Zelensky and Zaluzhny, but also the same Deputy Prime Minister Mikhail Fedorov, who assured that there were no subpoenas through “Diya” will be distributed. No matter how much one distances himself from this issue, the responsibility must be shared—both the political leadership and the military. We must all work together to prepare and adopt an effective law on mobilization. If you compete now and don’t take responsibility for unpopular decisions, everyone can lose. And then there will be no time for ratings. As far as I know, with this particular bill there was no understanding of who should submit it - there were three different approaches. And the military was directly involved in the development of this bill, regardless of who drafted it. Therefore, to say that all good things come from the military, and that the “servants” are to blame for all the bad things, is complete nonsense. And I want to say to critics of this project: mobilization is a social need. Either we carry it out, and then we can continue to resist Russian aggression, or we have two bad options: we will lose the war or we will have to agree to peace with many very unpleasant concessions. And the problem here is not who proposes it - the military or the politicians.”

Where did this come from?

In a strange situation, when the commanders-in-chief are throwing “hot potatoes” to each other, the people’s deputies, who must sanctify this bill with their votes, are frozen in mid-position. Servants of the People, who are on Christmas holidays, received recommendations from management to refrain from commenting on this sensitive topic. Even one of the main commentators on the issue of mobilization among the “servants,” a member of the relevant committee on national security and defense issues, Fyodor Venislavsky, told the “Commander-in-Chief” that he was on the road “until the end of the week.” “Many of our deputies don’t really understand what’s going on,” admits one of the “servants” who agreed to talk off the record. — On the one hand, they are afraid of the reaction of society, on the other hand, that the Russians will be near Kyiv. And based on the lack of their own opinion, when every day there is a need to choose a position, they are easy to manipulate.”

But not everyone keeps the “vow of silence”. Thus, people's deputy from the mono-majority Oleg Dunda suggests that the bill will be adopted, but, most likely, not in the government edition. However, according to the politician, by then it will already be overdue. “We must understand that we will not win the war with this mobilization,” says Dunda. “This bill is a necessary thing, but, in essence, it is plugging holes. Until we vote on it, implement it, sign it, until the process of mobilization and training begins, it will take six months. And in six months, taking into account how the Russians act, the situation on the battlefield will be different. Other questions will arise, which we will again solve in a reactionary way. That is, we are constantly late in making decisions and do not act proactively.”

Instead, Dunda proposes drastic steps—statewide mobilization: “It’s not that every Ukrainian took up arms, but that everyone in their city began to work for the state. Every private sector must work for the war and the army so that we minimize imports. And the currency that remains in the country, in particular, should be used to purchase weapons. In fact, every Ukrainian must face a dilemma: either you produce a product that is needed by the state, or you join the Armed Forces. And this applies to everyone - ordinary citizens, officials, local government, media, politicians, public activists. In the meantime, holes like those with mobilization will only widen.”

People's Deputy from European Solidarity Aleksey Goncharenko, who has long sought a solution to the problem of demobilization, considers its mention in the bill to be his merit, although he is dissatisfied with the too high service life of 36 months and demands to cut it in half.

“Also, in my opinion, it is a mistake that so many different issues were crammed into one bill, which makes it very complex, diverse and contradictory. This is already the first step towards confusing everyone,” says Goncharenko. “Why not simply pass a number of specialized bills - separate for conscripts, separate for basic training, and so on? Sanctions for non-compliance are correct, but, for example, why will TCC be entered into the register of citizens’ debtors, although we have an executive service for this? This opens up space for various schemes in order to do a big dirty trick on someone and then figure it out for months. I personally will be submitting a lot of edits to this project, and I think the process of its adoption may take a long time. It cannot be accepted in its present form.”

The leader of Batkivshchyna, Yulia Tymoshenko, although she admitted that mobilization during the war is inevitable, suggested focusing not on raising the conscription age, but on a more active mobilization of the security forces, who are now under armor. “Batkivshchyna” refuses to vote for the government bill in its current form.

In the relevant committee on national security and defense, through which all previous drafts of the bill passed, there is, to put it mildly, bewilderment. “I’ve been studying these Talmuds for a day now, and it’s strange to me that the committee members did not receive the version that was registered by the Cabinet of Ministers,” says committee member Solomiya Bobrovskaya from Golos. “The bill has been developed for the last six months, many of the norms were contradictory and debatable. Therefore, I was surprised to see many completely new things in it - for example, that the National Police has the right to detain a person from three hours to three days to clarify the data on a military ID. Or “draconian” fines for evading receipt of a summons - we understand that people who do not work in the Pechersky or Shevchenkovsky districts of Kyiv never receive such money as UAH 200 thousand, even in a year. Everyone is well aware of the breadth and depth of Ukrainian corruption and the personal factor, and it is obvious that there is a huge space for abuse.”

According to Bobrovskaya, big questions are raised by the restrictions on constitutional rights spelled out in the bill. “Despite the fact that I am a supporter of mobilization and the fact that everyone should be ready to fight, this just looks like some kind of tightening of the screws,” the people’s deputy believes, “Plus, I am outraged by the way in which this project was registered - at Christmas, when they think that all this will go unnoticed. Providing such an array of information without any comment from the Ministry of Defense and “servants of the people” is nonsense. Many things that are written there still need to be regulated by by-laws, but we are actually waiting for explanations at the committee.”

Bobrovskaya is confident that the discussion of the “mobilization” project at the committee will be scandalous and should not take place online, but live with a discussion of each page: “Because then the responsibility and all the negativity of the people will fall on the deputies.”

In an evening video message on December 26, Vladimir Zelensky called the registration of the bill only the beginning of the discussion: “It would be right for such norms to be discussed and adopted behind the scenes. And so that people understand what the vision of the military command is, what the motives are for certain rules and conditions that the deputies propose, and how the issues that our soldiers already have in the Defense Forces are resolved. The law is something that concerns everyone. Everyone in the state. It would be right for the military, together with the deputies, to decide on the basis of the committee of the Verkhovna Rada of Ukraine on how exactly the next year should be ensured at the legislative level for our Defense Forces. We are waiting for the final text of the law.”