Bill on mobilization does not provide for protection of citizen against arbitrariness of authorities - experts conclusion

The head of the scientific and expert directorate of the Verkhovna Rada believes that the proposed restrictions on the rights of those who do not fulfill the requirements of the Territorial Recruitment Center in the bill on mobilization do not provide for the protection of the citizen against the arbitrariness of the authorities.

This is stated in the scientific and expert opinion, Ukrainian News Agency reports.

The scientific and expert directorate believes that the measures proposed by the project to influence the citizen for non-fulfillment of the requirements of the Territorial Recruitment and Social Support Center can be regarded as a separate type of legal liability, since they have all the signs of such liability (in particular, state coercion; the obligation of a person to suffer certain losses; liability for certain violations; implementation by a state body in a certain procedural order).

However, it is proposed to bring a person to such responsibility outside of the mechanisms and procedures of bringing legal responsibility (for example, civil, administrative, criminal responsibility) that are currently available in the legislation.

According to the conclusion, the use of such measures of influence, even by a court decision, on a person who did not follow the instructions of a representative of a state authority is objectionable.

"After all, the state currently has sufficient means to influence the offender in case of failure to comply with the legal requirements of a representative of the state authority (in particular, bringing to administrative responsibility and the mechanisms that are applied to a person within the framework of proceedings in cases of administrative offenses). In general, the requirements of the Territorial Recruitment and Social Support Center do not differ in any way from certain legal requirements of other state authorities issued by them within the limits of their existing powers. Therefore, despite the importance of the activities of the Territorial Recruitment and Social Support Centers during the period of martial law and the need for these bodies to fulfill the tasks of ensuring the conscription of citizens for military service during mobilization, it is noteworthy regarding the proposed measures of influence on a person beyond the limits of the mechanisms of bringing to legal responsibility available in the legislation," the conclusion states.

As Ukrainian News Agency earlier reported, the Cabinet of Ministers proposes to the Verkhovna Rada in the updated bill on mobilization to introduce a number of influence measures that will be applied to persons who evade mobilization.