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Publication date: 16.05.2024
RIGHTS AND OBLIGATIONS OF MOBILIZED CONVICTS
In accordance with the changes made to the legislation of Ukraine, the court will be able to conditionally release (parole) 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.
ENFORCEMENT OF THE COURT'S DECISION ON THE COURT
When the court makes a decision on parole, it imposes on the released person the requirement to immediately, but not later than 24 hours after the decision becomes legal, arrive at the designated Territorial Collection Center (TCC). The individual must arrive there accompanied by the National Guard to sign the contract and begin military service. This is required to ensure that exempted persons fulfill their duties and join the defense efforts of the country under martial law.
The Law of Ukraine on Administrative Supervision establishes that persons who have been paroled from penitentiary institutions for the purpose of military service are under the supervision of the commander of the military unit where they serve. These persons are registered separately in the military unit.
If such a person commits a new criminal offense before the end of the sentence, the court determines the punishment in accordance with the provisions of Articles 71 and 72 of the Criminal Code. Article 71 provides for the possibility of adding the unserved part of the sentence to a new sentence, and Article 72 regulates the procedure for calculating the term of punishment if a person has already served a sentence.POSITIONS TO WHICH PAROLED CONVICTS WILL BE ACCEPTED
According to the changes made in the legislation, convicted persons released on parole for the protection of the country can be accepted for military service in the Armed Forces under a contract. This applies to positions in private, sergeant, senior and officer ranks, depending on the military rank to which they are enrolled.
The General Staff of the Armed Forces will determine which positions can be held by persons who have been paroled from serving their sentence under Article 81-1 of the Criminal Code.
TERM OF SERVICE
Servicemen who were paroled and accepted for contract service will serve until the end of the special period. They will serve exclusively in specialized units created and regulated by the Ministry of Defense.
Articles 21-7 and 26 of the Law of Ukraine "On Military Duty and Military Service" will determine the procedure for dismissal from military service. The release of such servicemen will take place in accordance with the rules governing the service of citizens of Ukraine.
The contract may be terminated, and servicemen may be dismissed:
a) due to the state of health, according to the conclusion of the military medical commission;
b) if the conviction of the court, which provides for the deprivation or restriction of liberty, has become legally binding;
c) at the end of the special period or after the announcement of demobilization.
Also, during mobilization in a special period, convicted persons released on probation may be called up, with the exception of certain categories, such as drivers who caused serious accidents while intoxicated, top officials, and others.They will also serve exclusively in specialized units.
RIGHT TO HOLIDAY
According to the updates to the legislation, servicemen who were paroled in accordance with Article 81-1 of the Criminal Code and serve under a contract are not granted annual leave. However, they can get a short-term leave of up to 10 days for family reasons or other good reasons.
If a serviceman needs treatment due to illness or recovery from an injury, he is granted leave in accordance with the recommendation of the military medical commission. This leave is carried out in medical institutions with the provision of appropriate funding and material support.
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 consultation and support during the initial medical examination ( consultation of a lawyer, online lawyer, legal opinion 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 court of appeals.
4. representation of the convict's interests during the military medical examination.
5. representation of the convict's interests during the court's consideration of the petition of the institution for parole ( it may be necessary to represent interests in court, analysis of documents, legal opinion of a lawyer ).
