Rada allows mobilisation of certain categories of convicts
8 May 2024 17:36
The Verkhovna Rada of Ukraine has adopted as a whole the draft law No. 11079-1 on the mobilisation of certain categories of convicts. This was reported by MP Yaroslav Zheleznyak, "Komersant Ukrainian" reports
This refers to the draft law No. 11079-1 “On Amendments to the Criminal, Criminal Procedure, Criminal Executive Codes of Ukraine and other laws of Ukraine regarding the introduction of the institution of conditional release of persons from serving their sentences for their direct participation in the defence of the country, protection of its independence and territorial integrity.”
“For – 279. The anti-corruption risks highlighted by the Anti-Corruption Committee have been partially removed. In particular, the right to be mobilised from prison was removed for MPs and some top corrupt officials (with exceptions), as well as those guilty of serious crimes (such as murder, rape),”
– the MP said in a statement.
Prisoners who express a desire to be mobilised will be able to serve after a court decision and a military qualification examination. However, their sentence should not exceed three years .
One of the authors of the draft law, Olena Shulyak, said that released criminals would serve in special units.
Mobilisation of convicts
on 10 April, the Rada adopted in the first reading draft law No. 11079-1, which provides for the mobilisation of convicted persons.
The draft law provides for the voluntary participation of convicts in hostilities, but only those who meet the requirements for military service in certain specialised units and military units. However, the convict’s desire is not enough.
First, he has to submit an application for military service to the institution where he is serving his sentence. After that, he undergoes a medical examination in prison, and only then his data is sent to the MCC, where the military unit considers the possibility of mobilisation.
After the decision of the MCC, the prisoner is checked by the military medical commission, and only if the physiological and mental state of the prisoner 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 takes the convict to the TCC, where the relevant specialised 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 placed. These people will also be registered separately in the military unit.
At the same time, not all prisoners will be able to join the ranks of the AFU. The exceptions are those who:
- Imprisoned for crimes against the foundations of national security of Ukraine;
- Imprisoned for the intentional murder of two or more persons, or combined with rape;
- Imprisoned for sexual violence;
- Has a criminal conviction for committing criminal offences under Articles 152-1561, 258-2586, part four of Article 2861 of the Criminal Code of Ukraine, unless such convictions have been cancelled or removed in accordance with the procedure established by law.
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.
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.
We would like to add that this draft law, as well as the draft law on changing the rules of mobilisation, may be put to a vote in the Rada on 10 April.
