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Legal Aspects of Mobilization and Military Service: Rights and Responsibilities of Citizens

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 04.06.2024

Legal Aspects of Mobilization and Military Service: Rights and Responsibilities of Citizens

 

Introduction

 

Mobilization and military service are important aspects of national defense that are regulated by Ukrainian legislation. Citizens have both rights and obligations related to mobilization and military service. This document discusses the main legal aspects, rights and obligations of citizens in these matters.

 

Legislative Framework

 

Basic Laws

 

The Constitution of Ukraine

  • Article 65: The defense of the Fatherland, independence and territorial integrity of Ukraine is the duty of citizens of Ukraine.
  • Article 17: The Armed Forces of Ukraine and other military formations shall not be used to restrict the rights and freedoms of citizens.

Law of Ukraine "On Mobilization Preparation and Mobilization"

  • Regulates the procedure for mobilization preparation and mobilization in Ukraine.

The Law of Ukraine "On Military Duty and Military Service"

  • It defines the procedure for performing military duty, military service, and the rights and obligations of military personnel.

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Citizens' rights

 

During Mobilization

Protection from illegal mobilization

  • The right to appeal: Citizens have the right to appeal against unlawful decisions on mobilization in administrative or judicial proceedings.
  • Prohibition of discrimination: Mobilization should not be carried out on discriminatory grounds.

The right to information

  • Informing: Citizens have the right to receive complete and accurate information about mobilization measures and their obligations.

 

During Military Service

The right to social protection

  • Social guarantees: Military personnel are entitled to social guarantees, including medical care, housing and other social benefits.
  • Pensions: Servicemen and women are entitled to a pension for their length of service.

The right to legal aid

  • Legal protection: Servicemen have the right to legal protection and legal assistance in case of violation of their rights.

 

Responsibilities of Citizens

 

During Mobilization

The obligation to appear on call

  • Fulfillment of mobilization tasks: Citizens are obliged to report to a military commissariat or other authorized body when called upon to undergo medical examinations and mobilization activities.

Duty to notify of changes

  • Changes of place of residence: Citizens are obliged to notify the military commissariat of changes in their place of residence, marital status and other circumstances that affect the performance of mobilization tasks.

 

During Military Service

Execution of orders

  • Submission to military discipline: Servicemen are obliged to obey orders of commanders and to comply with military discipline.

Protection of state secrets

  • Preservation of confidential information: Servicemen and women are obliged to preserve state secrets and other confidential information to which they have access in the course of their duties.
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