Publication date: 25.06.2024
Legal basis for mobilization in Ukraine
Introduction
Mobilization is an important tool for ensuring national security and defense of the state. In the context of the current threats facing Ukraine, the issue of legal regulation of mobilization is of particular importance. In this article, we will consider the legal framework of mobilization in Ukraine, analyzing the current legislation and regulations governing this process.
The main part
Legal framework
The basic legal framework for mobilization in Ukraine is defined in the following legal acts:
The Constitution of Ukraine: According to the Constitution, the protection of the sovereignty and territorial integrity of Ukraine is a sacred duty of every citizen (Article 65).
Law of Ukraine "On Mobilization Preparation and Mobilization" of October 21, 1993, No. 3543-XII: This law defines the basis of mobilization preparation, the procedure for mobilization, and the rights and obligations of citizens and legal entities during mobilization.
Law of Ukraine "On Defense of Ukraine" of December 6, 1991, No. 1932-XII: The Law establishes the legal framework for the defense of Ukraine, including the procedure for mobilization training of the Armed Forces of Ukraine and other military formations.
The Law of Ukraine "On Military Duty and Military Service" of March 25, 1992, No. 2232-XII: The Law regulates the procedure for performing military duty, military service and conscription for military service during mobilization.
Decrees of the President of Ukraine: The President of Ukraine has the right to issue decrees on mobilization, which must be approved by the Verkhovna Rada of Ukraine.
The procedure for mobilization
Mobilization in Ukraine can be declared in case of a threat to national security, an attack on the state or other emergencies. The mobilization procedure includes several stages:
Declaration of mobilization: The President of Ukraine issues a decree declaring mobilization, which is approved by the Verkhovna Rada of Ukraine. The decree contains information on the terms and scope of mobilization.
Conducting mobilization training: State bodies, enterprises, institutions and organizations carry out mobilization preparation activities, including the preparation of material and technical resources and reserves.
Conscription of citizens for military service: Military commissariats carry out conscription of citizens subject to mobilization. Citizens are obliged to report to military commissariats within the established time limits.
Formation and manning of military units: The Armed Forces of Ukraine and other military formations form and man military units in accordance with mobilization plans.
Rights and obligations of citizens and legal entities
Citizens and legal entities have certain rights and obligations during mobilization:
Duties of citizens: Citizens are obliged to report to military commissariats for medical examination and conscription for military service, and to comply with the orders of military commissariats and military units.
Rights of citizens: Citizens have the right to retain their jobs and average monthly earnings at enterprises, institutions and organizations for the period of military service during mobilization.
Responsibilities of legal entities: Enterprises, institutions and organizations are obliged to ensure the fulfillment of mobilization tasks, to
Responsibilities of legal entities: Enterprises, institutions and organizations are obliged to ensure the fulfillment of mobilization tasks, provide the necessary resources and facilities, and facilitate the conscription of employees for military service. They must also keep their jobs and pay the average monthly salary to employees called up for military service during mobilization.
Rights of legal entities: Legal entities are entitled to compensation of expenses related to the fulfillment of mobilization tasks from the state budget in accordance with the legislation of Ukraine.
Peculiarities of mobilization preparation and mobilization during martial law
In the event of martial law, the procedure for mobilization preparation and mobilization is regulated by additional legal acts:
The Law of Ukraine "On the Legal Regime of Martial Law" of May 12, 2015, No. 389-VIII: This law defines the legal regime of martial law, including the specifics of mobilization preparation and mobilization under martial law.
Resolutions of the Cabinet of Ministers of Ukraine: The Cabinet of Ministers of Ukraine may adopt resolutions regulating certain aspects of mobilization preparation and mobilization during martial law.
Decisions of the National Security and Defense Council of Ukraine: The National Security and Defense Council of Ukraine (NSDC) may make decisions on mobilization measures to be implemented by state bodies and other entities during martial law.
Responsibility for failure to fulfill mobilization tasks
The law provides for liability for failure to fulfill mobilization tasks for both individuals and legal entities:
Administrative liability: Administrative penalties may be imposed for violation of the requirements of the legislation on mobilization preparation and mobilization in accordance with the Code of Administrative Offenses of Ukraine.
Criminal liability: Evasion of military service during mobilization or other offenses that impede mobilization activities are subject to criminal liability under the Criminal Code of Ukraine (Articles 336 and 337).
Conclusion.
Mobilization is a key element of ensuring the national security and defense of Ukraine. It is regulated by a set of legislative and regulatory acts that define the procedure for mobilization training, the rights and obligations of citizens and legal entities, as well as mechanisms for control and liability for failure to fulfill mobilization tasks.
The effective implementation of mobilization measures requires government agencies, enterprises, institutions, organizations and citizens not only to know their rights and responsibilities, but also to be highly organized and prepared to act in emergency situations. Only if all legal requirements are met and mobilization tasks are properly performed can Ukraine's defense and security be ensured.
