Mobilisation of prisoners: Rada adopts law as a basis
10 April 2024 14:36
The Verkhovna Rada has supported in the first reading the draft law on the mobilisation of convicted persons. This was stated by MP Oleksiy Honcharenko, according to Komersant ukrainskyi 
The bill in question is Draft Law 11079-1 “On Amendments to the Criminal, Criminal Procedure, Criminal Executive Codes of Ukraine and Other Laws of Ukraine on the Introduction of the Institute of Early Release of Persons from Serving Sentences for Direct Participation in the Defence of the Country, Protection of its Independence and Territorial Integrity”.
The relevant draft law No. 11079-1 was voted in favour by 281 MPs as a basis.
“Prisoners on minor charges will be given the opportunity to serve. My proposal has started to move! Finally! We need to give convicts the opportunity to fight if they want to. Important!!! Those convicted of grievous premeditated murder, rape, sexual violence, and crimes against the foundations of national security will not be mobilised!”
– goncharenko said.
However, there will be a second reading and possible amendments.
“They promise to remove the risks of anti-corruption (there is a decision of the Anti-Corruption Committee) and serious crimes by the second reading,”
– wrote MP Yaroslav Zheleznyak.
How will the mobilization of convicts take place
The draft law provides for the voluntary participation of convicts in military operations, but only those who meet the requirements for military service in certain specialized units and military units. But the convict’s desire alone is not enough.
To begin with, he must submit an appropriate application for military service to the institution where the punishment is served. After that, he undergoes a medical examination in prison and only after that his data is sent to the TCC, where the military unit considers the possibility of mobilization.
After the decision of the TCC, there is a check by the military medical commission, and only if the prisoner’s physiological and psychological condition meets the requirements, his application together with a package of documents is sent to the court, which makes a decision: satisfactory or not.
If the court’s decision is positive, the National Guard delivers the convicted person to the TCC, where appropriate specialized units of military units are formed. Administrative supervision of such released persons will be carried out by the commander of the military unit where they are sent. And these people will be registered separately in the military unit.
At the same time, not all prisoners will be able to join the ranks of the Armed Forces. Exceptions are those of them who:
- Imprisoned for crimes against the foundations of national security of Ukraine;
- Imprisoned for intentional murder of two or more persons, or combined with rape;
- Prisoner for sexual assault;
- Has a criminal record for committing criminal offenses provided for in Articles 152-1561, 258-2586, part four of Article 2861 of the Criminal Code of Ukraine, if such convictions have not been expunged or not removed in accordance with the procedure established by law.
The day before, the Law Enforcement Committee recommended that the Rada adopt draft law 11079-1 as a basis and allow the mobilisation of convicts, except for those who have committed crimes against the foundations of national security, murderers, rapists, paedophiles and fatal road accidents under the influence of alcohol or drugs
The draft law also sets out the procedure for the consent of convicts, the consent of unit commanders to take them, and the passage of a military medical examination.
It should be noted that on 13 March, the Verkhovna Rada registered draft law No. 11079 on the conditional early release of convicts from serving their sentences for military service. Despite the fact that the bill has not yet been heard, it has already sparked debate in society. Kommersant Ukrainsky published an article about who can be released and sent to the frontline and who is not eligible for parole, the pros and cons of such an initiative, and whether paedophiles and murderers can really be released.
