Changes to mobilization: group 3 disabled persons may be canceled the deferral
2 December 18:50
A draft law has been registered in the Verkhovna Rada that proposes a number of interesting amendments to the Law of Ukraine “On Military Duty and Military Service.”
First, it provides for the drafting for military service during mobilization not only of convicts serving their sentences, but also of defendants.
Secondly, it provides for a “reservation” for persons with disabilities of groups I and II, while the third group may lose their deferral. What is the difference between the proposed amendments and the current law, analyzed
MP Hanna Skorokhod proposes to amend Article 39 “Conscription for military service during mobilization. Demobilization” of the Law of Ukraine “On Military Duty and Military Service”. Namely, to expand part four of this article.
First, it is proposed to add that not only those convicted of criminal offenses, but also those accused of criminal offenses may be called up for military service during mobilization.
In the current version, only convicts who are
- released from serving a sentence with a probationary period;
- not convicted of certain serious crimes (the list was limited).
That is, only convicts on probation. In the new version, the following can be drafted:
- convicts (without specifying the probationary period);
- accused persons (i.e. persons in respect of whom the court has not yet made a decision!).
This is a significant expansion of the category of conscripts.
Secondly, while previously there was only a list of articles for which convicted and even more so accused persons would not be drafted, now a specific list will be expanded – Articles 109-116, 152-156-1, 258-258-6, 437-439, 442 of the Criminal Code of Ukraine.
The current version prohibited conscription of persons who had committed:
- certain crimes against national security;
- premeditated murder under aggravated circumstances
- serious corruption crimes;
- crimes under Articles 152-156-1, 258-258-6, 348, part 4 of Article 286-1.
And now it is proposed to refuse to serve to those who are tried or convicted under:
- arts. 109-116 (a wider list of crimes against the foundations of national security and life);
- arts. 152-156-1 (articles unchanged);
- arts. 258-258-6 (terrorism – no changes);
- articles 437-439, 442 (war crimes, genocide – new).
That is, the list has been significantly expanded and detailed, including war crimes and genocide.
Thirdly, it is very interesting that the draft law states that persons with disabilities of groups I or II or persons unfit for military service, as confirmed by the conclusion of the medical and social expert commission, will not be eligible for military service.
A new category of those who cannot be drafted is added:
- Persons with disabilities of groups I or II;
- Persons recognized as unfit by the MSEC.
The previous version did not mention the issue of disability.
While the first version had an exception for convicted officials who held “a particularly responsible position,” the new version of retains the same exception, but with the clarification that the ban also includes accused officials, not just convicted ones.
Thus, if now only those who have already been convicted and are on probation are drafted, the new version will draft convicts regardless of whether they are serving their sentence or not, as well as accused persons whose trial has not yet been completed. That is, a person who has no verdict can be drafted into the Armed Forces. The provision that such persons serve in specialized units remains unchanged.
TCCs will be able to recruit in pre-trial detention centers
All these changes, according to the MPs, are aimed at replenishing the ranks of the Armed Forces by increasing the number of those who can be mobilized. Even the fact that, in addition to convicts on probation, citizens can be drafted at the stage of trial already increases the available mobilization reserve, lawyers believe.
“Previously, we had to look for future soldiers with a sentence and a probationary period, but now there are almost no such restrictions. This will simplify and speed up the work of the MCC. If they start drafting among the accused, it should relieve the burden on pre-trial detention centers and courts if some of the accused go to the army instead of the colony, if they are not tried for serious crimes, but, for example, for theft, fraud, hooliganism, minor injuries or road accidents, corruption , ” says
[Kommersant] lawyer Valentin Serkov.
In addition, the number of people who will have the opportunity to “reform through service” may increase. For many convicts and defendants, the service will become an option to mitigate the consequences, avoid prison, and complete the case without a real term.
“Now the MCCs can go and select conscripts in pre-trial detention centers or even in courts. And for a certain category of convicts, this will be a chance to exchange a few years in prison for a military ticket. Theformer head of the Tax Service of Ukraine, Roman Nasirov, was not given the opportunity to atone with blood, but if this bill is passed, he and others like him will have it,” the lawyer notes.
Disabled people of group 3 are to be sent to the front
Lawyer Roman Likhachev drew attention to the fact that it is planned to expand the circle of people who will not be sent to the front under any circumstances. For example, today people convicted of collaboration can join the army, but they will not be able to do so.
But the most interesting thing is that if these amendments are adopted, the employees of the MCC will not even need to go to court. After all, the parliamentarians propose to completely deprive the disabled of the 3rd group of deferment, leaving it only for the I and II groups of non-conscripts according to the MSEC, and all of them have long been registered with the military commissariat. But this part of the bill was carefully disguised.
“Most of the men with a postponement under the 3rd disability group are currently limitedly fit for service. They have diseases, but not critical ones. And, most interestingly, this was written into the draft law unnoticed, between the lines. And while everyone is discussing the new changes regarding the permission to serve without a sentence and the expanded articles that will not allow them to serve, all disabled people of the 3rd group will be sent to serve,” lawyer Roman Likhachev tells Kommersant Ukrainsky.
In fact, according to the lawyer, according to the European Convention, people with disabilities should not serve in the army. And if this particular bill is passed, there will be a lot of noise. Despite the fact that the main emphasis is on criminal articles and the possibility of drafting the accused.
