Publication date: 16.05.2024
MOBILIZATION OF CONVICTS
On May 8, 2024, the Verkhovna Rada of Ukraine voted, signed by the Chairman of the Verkhovna Rada of Ukraine, and sent to the President of Ukraine for his signature a draft law, which will introduce changes to the legislative acts of Ukraine with the aim of introducing the institution of conditional early release of persons from serving sentences for their direct participation in the defense of the country, protection of its independence and territorial integrity.
Who can be released from serving a sentence in order to participate in the armed defense of the country?
In accordance with the amendments made to the legislation of Ukraine, the court will be able to conditionally release convicted persons from serving a sentence in the form of restriction of liberty or deprivation of liberty for the purpose of performing military service under a contract.
What category of persons will the court not be able to exempt from serving a sentence for the purpose of protecting the country?
The court will not be able to release persons convicted of:
1. Committing crimes against the foundations of Ukraine's national security;
2. Committing intentional murder of two or more persons, or committed with particular cruelty, or combined with rape or sexual violence,
3. committing particularly serious corruption criminal offences;
4. for committing criminal offenses against a person's sexual freedom and sexual integrity (Articles 152-156-1 of the Criminal Code);
5. for crimes related to the commission of terrorist acts (Articles 258-258-6 of the Criminal Code);
6. Encroachment on the life of a law enforcement officer or a military serviceman (Article 348 of the Criminal Code):
7.acceptance of an offer, promise or receipt of undue benefit by an official who held a particularly responsible position.
What are the requirements for the parole of convicts for the purpose of armed defense of the country under the contract?
The court can release a convicted person from serving a sentence for the purpose of armed defense of the country if the person not only expressed such a desire, but also meets the following requirements:
1. Persons who will reach the age established by Article 22 of the Law of Ukraine "On Military Duty and Military Service" no earlier than three years;
2. Have health that meets the medical criteria for military service;
3. Successfully passed the selection for professional suitability and psychological stability;
4. Have the required level of physical fitness for military tasks.
Persons released from serving a sentence and mobilized under a contract undergo military service exclusively in specialized units of military units.
Legal assistance in the process of conditional early release of convicts from serving a sentence for the purpose of military service
Legal service "Consultant" provides legal services to convicts in cases of parole for the purpose of performing military service under contract and defending the country with weapons in hand.
Legal service "The consultant will provide legal support for the process of release from prison, which may include:
1.submission of an application to the institution of execution of punishments, in accordance with the procedure established by the Ministry of Justice ( consultation of a lawyer, online assistance of a lawyer, legal analysis of the situation );
2. legal counseling and support during the initial medical examination ( consultation of a lawyer, online lawyer, legal opinion, document review by a lawyer may be required );
3. representation of the convict's interests during the consideration by the institution of execution of punishments of the application for submission to the State Criminal Court.
4. representation of the convict's interests during the military medical examination.
5. representation of the interests of the convict during the court consideration of the petition of the institution of execution of punishments for parole ( it may be necessary to represent interests in court, analysis of documents, legal opinion of the lawyer ).
Those who have been released from prison to serve in the army receive the status of military personnel with all the rights and obligations provided by law, including social protection and responsibilities.
