Publication date: 06.06.2024
Postponement of mobilization: Whom did the authorities "use"?
Two days before the new law on general mobilization came into force, the Rada issued a resolution expanding the scope of the law and thus violating the rights of conscripts.
"Government Resolution #560 violates the rights of conscripts" Government Resolution №560, which approved the algorithms of conscripts' behavior and the documents to be collected from conscripts, caused a wave of outrage.Experts believe that the implementation of some of the decision's points is impossible.
The issue of Resolution No. 560 concerns students and families of missing relatives.According to experts, the document fundamentally violates the right to conscription.For example, it concerns deferrals for people with disabilities.
The ministers agreed that people with disabilities should submit a draft resolution to the Military Medical Commission (MMC). "The question is whether any group of people with disabilities can be mobilized only with their consent. In addition, this procedure requires that persons with disabilities be mobilized while the Committee is considering an application for deferral, and they will not be sent to the MEC. In other words, even if a person is recognized by the MEC as fit for military service, such a person cannot be mobilized.
Resolution No. 560 was recognized as inconsistent not only with the law, but also with its own provisions regarding the list of documents listed in Annex 5." In addition, the Cabinet of Ministers introduced innovations for students and postgraduates.
It is mandatory to submit a student's education document created in the unified state electronic database on education. "The situation is as follows: they have come up with it, but it is unclear who will create it and how. "Work is underway to ensure that universities can create these certificates.The Cabinet of Ministers has obliged students to receive certificates from electronic databases that do not generate such docu-ments.
An electronic petition has already been registered on the Cabinet's website regarding this contradiction.
The author of the petition, Oleksandr Letusiy, believes that: "Although there is a postponement of mobi-lization, technically the realization of this right has not yet been ensured, which is a clear violation of the rights and legitimate interests of this category of students." Another issue concerns women and men who have close relatives (husbands, wives, sons), daughter, father, mother or biological (full-blooded) brother or sister) killed or missing during the implementation of measures to ensure the security and defense of the state.
A mandatory document is a court decision to declare a person missing under special circumstances.However, relatives of missing defenders can be mobilized to prove their rights in court, despite their right to a break.
"Very few families have received confirmation from the court that a relative is considered missing, docu-ments confirming kinship, extracts from the Unified Register of Pre-trial Investigations on Enforced Disap-pearances and an extract from the Unified Register of Missing Persons in Special Circumstances are suf-ficient.
In your opinion, in the future, such families will immediately rely on the courts, increasing the workload of judges.
While such cases are being considered in court, the CCC can simultaneously mobilize women and men whose immediate relatives are missing.
As a reminder, the government has begun to extend the new law on general mobilization without legal justification.
Such violations were particularly noted in the second group - the right to deferment of conscription for persons who have to care for relatives of disabled persons.This was pointed out by the People's Representative of Ukraine Igor Fris.
By the way, a large number of inaccurate and outdated data in the Oberig register is due to the human factor and irregular updating of national data.
This was reported by a representative of the Ministry of Defense of Ukraine.
Thus, we can see that the adopted amendments to the current law were adopted taking into account changes in the requirements of the time and the imposed martial law in Ukraine, as well as the fact that a legal analysis of the situation, analysis of documents and verification of documents by a lawyer and a legal opinion were conducted.
