Bill No. 14239, “On Amendments to Article 39 of the Law of Ukraine ‘On Military Duty and Military Service’ Regarding the Clarification of Certain Cases of Mobilization,” has been registered with the Verkhovna Rada,” which provides for the conscription into military service during mobilization of convicted persons and defendants who have not committed serious crimes against the life and health of a person, a person’s sexual freedom and sexual integrity, or against the foundations of Ukraine’s national security.

The proposed bill aims to clarify the provisions of Article 39 of the Law of Ukraine “On Military Duty and Military Service” regarding the definition of the group of persons who may be conscripted into military service during mobilization in a special period. 

Its main objective is to eliminate legal uncertainty regarding the possibility of conscripting individuals who have the status of convicted or accused persons into military service, as well as to establish clear and reasonable restrictions for certain categories of such individuals, taking into account the nature of the crimes committed, their state of health, and their official status.

Proposed Changes

The bill proposes to revise the first paragraph of Part Four of Article 39 of the aforementioned Law, which provides for the possibility of conscripting, during mobilization, persons who have been convicted or are accused, with the exception of those who have committed particularly serious crimes against the foundations of Ukraine’s national security, public safety, peace, and the security of humanity, as well as crimes against sexual freedom and sexual integrity. 

Separately, the draft law excludes the possibility of mobilizing persons with Group I or II disabilities and persons deemed unfit for military service based on the conclusion of a medical-social expert commission, in accordance with the principles of humanism and social protection. 

In addition, the bill prohibits the conscription during mobilization of convicted officials who held positions of special responsibility in accordance with the note to Article 368 of the Criminal Code of Ukraine, which is aimed at preventing abuse and maintaining public trust in state institutions.

The proposed amendments are generally consistent with the Constitution of Ukraine, in particular with Article 17, which defines the protection of the state’s sovereignty and territorial integrity as the responsibility of the entire people, and do not violate the principle of equality of citizens before the law, since the restrictions established are objective, legitimate, and proportionate. 

The bill is also consistent with the provisions of the Criminal Code of Ukraine, as it takes into account the degree of public danger posed by certain categories of crimes and the need to ensure an adequate level of military discipline and security in the Armed Forces of Ukraine and other military formations.

Conclusions 

The adoption of the bill will contribute to a clearer and more unambiguous application of the provisions of mobilization legislation, reduce the number of disputes when decisions are made by territorial recruitment and social support centers, and ensure a balance between the state’s defense needs and respect for human rights and freedoms.