Publication date: 06.06.2024
"Fictitious" certificate.The government has created hell for conscripts and provoked a scandal.
Two days before the new law on general mobilization came into force, the Cabinet of Ministers expanded the scope of the law, MP Fris warns the government: Government Resolution No. 560 of May 16, 2024 may be suspended by a court order.
There are only two days left before the enhanced mobilization law comes into force.All CCCs in the country are waiting for instructions from above on how to apply the new rules.
Kyiv is well aware of this: The government is simultaneously preparing six resolutions on mobilization. And on May 16, 2024, it tacitly agreed to all six.
Resolution No. 560 - The Procedure for Conscription of Citizens for Military Service during Mobilization for a Special Period is the most unclear. In it, the government explained the algorithm of conscripts' behavior and the documents that conscripts must collect.
Are caregivers and mothers with many children being forced to illegally collect certificates?
The first politician to speak out on this issue was Ihor Fris, a national security and defense council representative and former notary. In a Facebook post, he essentially accused the government of unreasonably expanding the restrictions of the new mobilization law. Such violations have been documented, especially in terms of the right to deferment for conscripts who have to care for disabled persons of group II.According to the law, conscripts whose parents are disabled, namely in group I or II, cannot be mobilized.The same rules apply to men whose wives have parents with disabilities of group I-II.
In this case, there is a "however".The deferral of mobilization applies if there are no other persons liable for military service with support.Next, choose a caregiver for a disabled person of group I or II from among the conscripts.
What did the government come up with?
Appendix 5 of Resolution No. 560 contains a list of documents relating to certain categories of citizens who are granted deferrals. This is the conclusion of the Medical Advisory Commission of the Healthcare Department on the need to continue care (for people with group II disabilities).
According to MP Fris, the requirement to obtain this document has nothing to do with the law on general mobilization. At the same time, the Cabinet of Ministers did not propose any tightening of the requirements for additional certificates for group I disabled people, similar to group II disabled people who also need outside care.
The Cabinet of Ministers exacerbated the problem of conscription: To speed up the deferral provided for by the law, it is necessary to provide the TCS with an "additional" certificate.
Ukrainians have already reacted to the government's unexpected innovation.
An e-petition has been registered on the President's website, authored by Valentyna Voitenko, calling for the removal of the criteria for the LCMSI conclusions from the scandalous resolution I am looking for. "We are not Russia, we are a democracy." "I did not expect the representatives of the ministry to be so brazen and cynical," the woman emphasized. And their position was supported by 17,500 compatriots in just a few days.
MP Ihor Fris emphasizes that laws and regulations should be issued by the authorities without violating the Constitution.
This refers to Article 19 of the Basic Law ("National bodies, local self-government bodies and their employees are obliged to act only in accordance with their official powers"). "The Cabinet of Ministers exceeded its authority by Resolution 560," the MPs believe. "The law on mobilization clearly regulates the subject areas, which include legal grounds for granting a deferral from mobilization, exemption from military service or reservation.
"With this decision, the government is "deeming these documents to be outside the norms and provisions of the law," explains Fries. The MP cited another example of people who are not entitled to the law being "strengthened" by people who are not. The father of three minor children was drafted and found fit for military service. According to the law on mobilization, mobilization is automatically terminated.
Two women gave birth to the children, and the man is divorced and no longer lives with them, but continues to support the children financially.
What did the CCC come up with?
Also, there should be an agreement between the man and his ex-wife on participation in the upbringing of minor children. "It doesn't fit in my head! Again, we have too many powers, but this is on the part of the CCC," explained the MP.
By the way, the criticized government decree No. 560 requires parents to indicate with whom their children live and how the other parent participates in the child's upbringing. Many fathers of military children have to provide the TCC with an agreement with their ex-wife, which registers their role in the maintenance of their minor child.
Another legal contradiction is noted.He said that the government leaves many fathers on board with children who have not adopted the children of the women they live with. "One of the documents required by the state is the birth certificate of the conscript's children (three or more), which confirms the paternity of the conscript, that is, he or she is married to a woman or has already had children together, not to adopt these children if someone has been in military service." At the same time, another Ministry Resolution No. 209 of 02.03.2010 defines the procedure for submitting and issuing certificates of parents of large families in case of registration of a second marriage and approves cohabitation with children from a previous marriage.
In fact, a conscript who has received a certificate of a father of a large family already proves that he is supporting a child.
This certificate confirms the status of extended families and children in such families and their right to benefits under the Law on Child Protection and other legal acts, and many children receive a deferral from mobilization. To do this, it is enough to add the words "or a certificate of parents of a large family" after "Birth certificate of a child (3 or more) indicating the father of the conscript" to the list of documents in the resolution.In general, MP Ihor Fris believes that government resolution No. 560 is "full of legal contradictions" with the law on mobilization.
Therefore, he addressed a similar appeal to the Prime Minister, asking him to: Immediate intervention in the situation could lead to the disruption of mobilization.However, Prime Minister Denys Shmihal, a member of the Cabinet of Ministers, was in no hurry to respond and appealed to the Ministry of Defense of Ukraine.The politician is sure that the author of the scandalous government decree No. 560 is the Ministry of Defense of Ukraine.
Regarding the request of MP Ihor Fris, the Ministry asked for more time to develop the "mobilization" law.
The "surprise" for students and families of missing relatives lies in the Resolution "No. 560," which violates the rights of conscripts.
For example, it refers to deferrals for people with disabilities.The ministers called on people with disabi-lities to 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 deferment, 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. After reviewing the list of documents provided in Annex 5, Resolution No. 560 was recognized as not only inconsistent with the law, but also with its provisions."
In addition, the Cabinet of Ministers has prepared a "surprise" for students and postgraduates. In particular, they are required to provide a certificate of education generated in the Unified State Electronic Database on Education.
"The situation is as follows: they came up with the idea, but it is unclear who will generate them and how. The Unified State Electronic Database on Education did not have the functionality at the time of the adoption of Resolution No. 560. As of now, the development is underway so that higher education institutions can generate these certificates."
The Cabinet of Ministers obliged students to extract a certificate of education from an electronic database that does not generate such documents.
Regarding this discrepancy, an electronic petition was registered on the website of the Cabinet of Ministers by Oleksandr Letuchyi "...both the new law on mobilization and the Cabinet of Ministers' resolution enshrine the unconditional right of Ukrainian citizens who receive higher education in foreign higher education institutions to receive a deferral from mobilization, but technically the implementation of this right is not yet provided, which is an absolute violation of the rights and legitimate interests of this category of students."
There is another problem. It concerns women and men whose close relatives (husband, wife, son, daughter, father, mother or sibling) were killed or went missing during the implementation of measures to ensure national security and defense. This category of citizens is entitled to a deferral from mobilization. As a mandatory document, they are required to present a court decision declaring a person missing under special circumstances.
This means that while the relatives of missing defenders prove their case in court, they may be mobilized despite their right to a deferral.
"A very small number of families have received confirmation through the courts that their loved ones are missing.Before the government resolution, documents confirming family ties, an extract from the Unified Register of Pre-trial Investigations into Missing Persons, and an extract from the Unified Register of Persons Missing in Special Circumstances would have been sufficient. Now, such families will apply to courts in large numbers, which will increase the workload of judges.At the same time, while such a case is being considered in courts, the TCC can mobilize women and men whose close relatives are missing."
For his part, MP Fris does not rule out that Resolution No. 560 may be suspended by a court decision. The politician suggests that lawyers are already working on this issue.
"The government has gone beyond the legal framework, throwing unnecessary paper certificates at conscripts who are entitled to deferment and reservation. It is likely that this is done to increase the mobilization reserve. However, recruitment to the Armed Forces should be carried out in a civilized way, without violating the law," the politician concluded.
Thus, we can see that the adopted amendments to the current law were adopted taking into account the 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.
