Ukraine’s Ministry of Defence has said it has reached agreement with parliamentary committees to support the draft law “On the Military Ombudsman” and to remove provisions from draft law No. 13452 that would increase the liability of soldiers in cases of insubordination.
Source: Ministry of Defence; a joint statement by the heads of the Parliamentary Committee on Law Enforcement and the Committee on National Security, Defence and Intelligence
Details: The ministry reported that it had held consultations with the heads of the Verkhovna Rada (Ukrainian parliament) Committee on Law Enforcement and the Committee on National Security, Defence and Intelligence regarding bills that had sparked public outcry.
The ministry and MPs “reached an agreement on full support” for the draft law “On the Military Ombudsman” submitted to parliament by the president. The law provides for the Office of the Military Ombudsman to become an auxiliary body under the president of Ukraine.
Quote: "The Ministry of Defence of Ukraine supports the position of the Verkhovna Rada Committee on Law Enforcement and the Committee on National Security, Defence and Intelligence on the need to remove from draft law No. 13452 the provisions on stricter liability for soldiers in cases of insubordination.
The proposed changes deprive courts of the ability to take the circumstances of a case into account and impose more lenient punishments, which in effect turns a trial into a formal procedure without the consideration of individual factors.
The Ministry of Defence believes that draft law No. 13452 requires revision together with the relevant committees of the Verkhovna Rada. Discipline in the army should be based not on punishment but on fairness. The ministry consistently advocates that the soldiers defending our country today should be able to defend their rights."
Details: Meanwhile, Yuliia Paliichuk, spokesperson for the Servant of the People party, published a joint statement by Serhii Ionushas, Head of the Committee on Law Enforcement, and Oleksandr Zavitnevych, Head of the Committee on National Security, Defence and Intelligence.
They said that by the second reading of draft law No. 13452, “provisions stipulating mandatory harsh punishment in the form of imprisonment for between 5 and 10 years should be removed and the possibility of more lenient punishment should remain”.
The committee heads noted that the text of the bill in its original form would not have been supported in parliament. They pointed out that the Verkhovna Rada had not yet begun processing the bill in the chamber.
Meanwhile, the committee heads spoke in support of draft law No. 13260, which deals with the liability of servicemen in cases of desertion and absence without leave.
Quote from the joint statement: “Recognising that the situation on the front is constantly changing and that the military have the full picture of discipline and the necessary responsibility, draft law No. 13260 was developed at the initiative of and in full cooperation with the Ministry of Defence of Ukraine and the General Staff of the Armed Forces of Ukraine. In this regard, we consider it necessary to publish letters of support for this draft law from the Ministry of Defence of Ukraine and the General Staff of the Armed Forces of Ukraine.”
Background:
On Friday evening, a protest against the draft law on stricter liability for soldiers in cases of insubordination took place in Kyiv’s Independence Square (the Maidan).Participants demanded that draft law No. 13452 not be passed, that the provisions of law No. 8271 from 2022 be repealed, and that a law on a military ombudsman be adopted.On 4 September, the Verkhovna Rada passed in its first reading draft law No. 13260, which provides for the return of criminal liability for absence without leave and desertion.
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