The order of the General Staff of the Armed Forces of Ukraine to restrict the movement of conscripts violates the principle of legal certainty and contains corruption risks. The Office of the Ombudsman stated this on Facebook, Ukrainian News Agency reports.
According to the statement, the Commissioner of the Verkhovna Rada for Human Rights (Ombudsman) Dmytro Lubynets appealed to President Volodymyr Zelenskyy as a guarantor of the observance of the Constitution, human and civil rights and freedoms and the Supreme Commander of the Armed Forces of Ukraine regarding the statement of the General Staff of the Armed Forces of Ukraine on the approval of the procedure for granting permission to citizens of Ukraine who are on military records in the territorial centers of recruitment and social support (TCR and SS), to travel outside the region in which such persons are registered.
According to the mentioned document, conscripts, those liable for military service and reservists, from the moment of the announcement of mobilization and in wartime, must obtain permission from the TCR and SS, in which such a person is registered with the military, to travel outside their place of residence (the corresponding region of Ukraine).
The Ombudsman draws attention to the fact that the adoption of this normative act on the fourth month of the full-scale invasion of Ukraine by the aggressor caused heated discussions and a mixed reaction in society due to the possible negative socio-economic consequences that will occur if its provisions are implemented.
The Ombudsman is concerned about the lack of clear regulation in the order regarding the borders of the region, for travel outside of which such permission is required, and the purpose of such travel, because a significant number of the population, including those living in the suburban area, work on a permanent basis in cities (i.e. outside of where they live). The order also does not provide for emergency cases when such a departure for a person liable for military service is essential and does not require delay (death or illness of relatives, urgent business trips). Also, the developers did not take into account the possibility of the TCR and SS (which, before the full-scale aggression, had the opportunity to receive visitors once a week) to process requests from those wishing to obtain the appropriate permits.
"That is, when preparing the order, one of the constituent principles of the rule of law was not observed - the principle of legal certainty, which guarantees the ease of clarifying the content of the right and the ability to exercise this right if necessary, which, taking into account the above, may pose a real threat to the observance of the constitutional rights and freedoms of citizens of Ukraine in particular, freedom of movement and work, and, as a result, an adequate standard of living for both those directly liable for military service and their family members, and also poses certain corruption risks, which is unacceptable," Lubynets notes.
Given the significant public outcry and in order to prevent a possible violation of the rights of citizens of Ukraine, the Ombudsman asks Zelenskyy to intervene immediately to resolve the situation.
As Ukrainian News Agency reported, on Tuesday, July 5, the General Staff confirmed the ban on conscripts, those liable for military service and reservists leaving their place of residence without the permission of the military registration and enlistment office in wartime.
Zelenskyy said in an evening video message that he instructed the Minister of Defense, the Chief of the General Staff, the Commander-in-Chief of the Armed Forces of Ukraine to report to him on Wednesday all the details of the decision, he promised the Ukrainians to look into it, and instructed the General Staff not to make such decisions without him in the future.
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