Ukraine officially notifies the Council of Europe of suspension of certain rights and freedoms
29 April 2024 16:48
In an official letter to the Council of Europe Secretariat, Ukraine has announced another change in the list of exemptions from its obligations. The relevant data is available on the Council of Europe’s website, "Komersant Ukrainian" reports
Thus, in a letter dated 4 April, the Ukrainian side informed that the following obligations of the government under the European Convention on Human Rights (ECHR) will now be limited in the country
- the right to respect for private and family life
- freedom of speech;
- freedom of assembly and association;
- the right to free movement of people;
- protection of private property;
- the right to education;
- the right to freedom of elections.
This is not the first time Ukraine has submitted such a list to the Council of Europe. It was first done in 2015, and a similar list was formed in 2022. Compared to the latter, Ukraine has renewed its commitments under the following articles:
- prohibition of discrimination;
- restrictions on political activity of foreigners;
- the right to compensation;
- freedom of conscience;
- forced labour.
This means that Ukraine is now once again committed to strictly adhere to these principles.
However, the list of exceptions also includes new items, namely: the protection of private property; the right to education; and the right to freedom of elections. Ukraine cannot currently guarantee the full implementation of these items.
The update of the list is likely to be related to the upcoming entry into force of the law on mobilisation, which obviously restricts a number of citizens’ rights and freedoms, as well as the absence of the next presidential election, which was supposed to take place this spring.
The law on mobilisation
The main provisions of the law on mobilisation are as follows:
- The provision on the right to demobilisation of people with disabilities remains.
- Demobilisation in connection with the release from captivity (if the servicemen did not express a desire to continue military service).
- Those found to be partially fit will be obliged to re-evaluate within 12 months.
- Servicemen and women who sign their first contract are entitled to compensation of 50 per cent of the down payment on a mortgage-backed loan.
- Those who received a 2-3 disability group after 24 February 2022 (except for military personnel) are subject to a second medical examination to determine their fitness for service.
- During mobilisation, men are required to have a military registration document with them and present it at the request of a representative of the CCC or a police officer. The process of document verification can be recorded on camera or phone.
- In the border area and at border crossing points, a border guard may require you to present your military registration document.
- Restrictions on driving vehicles for men of the appropriate age at the request of the MCC.
- Citizens who are registered with the military may voluntarily register an electronic account of a conscript, person liable for military service or a reservist.
- Military personnel are entitled to compensation of 50% of the down payment on a mortgage when entering into their first contract.
- Persons liable for military service aged 18 to 60 will be able to obtain documents at foreign diplomatic missions of Ukraine only if they have military registration documents.
- Persons liable for military service will also be able to obtain a passport and a foreign passport if they have their military registration documents with them.
- All servicemen are to be paid a monthly remuneration of UAH 10,000.
- Those who evade mobilisation will be punished by a temporary restriction on driving vehicles, based on a court decision.
- Instead of conscription, it is planned to introduce basic military service for citizens aged 18 to 25. They will be able to choose the period of service until they reach the age of 24.
- There are no plans for compulsory mobilisation of women. They are subject to military registration if they are fit for military service for health and age reasons and have received medical or pharmaceutical education. Women who are registered for military service may be called up for military service during martial law on a voluntary basis.
- uAH 70 thousand in monthly payments to those who participate in combat operations “from scratch”.
