Ukrainian ombudsman highlights constitutional contradictions in mobilization bill
Dmytro Lubinets, the Commissioner for Human Rights of the Ukrainian Parliament (Photo: Vitalii Nosach, RBC-Ukraine)
The Cabinet of Ministers of Ukraine's bill on mobilization contains provisions that contradict the Constitution, specifically regarding limitations for draft evaders, states Dmytro Lubinets, the Commissioner for Human Rights of the Ukrainian Parliament.
"I always approach all processes occurring within our state's territory, and beyond, exclusively through national and international legislation. In this bill, in my opinion, there are provisions that contradict the Constitution. I will specifically address this when the bill officially reaches me for approval," emphasizes Lubinets.
He mentions that the bill for approval could be sent during the preparation phase for consideration in the relevant committee of the Parliament.
The ombudsman pledges to thoroughly study the bill and "voice his objections."
Lubinets explains that several restrictions proposed for draft evaders violate the Constitution. Specifically, this includes prohibiting property operations.
"It directly contradicts the Constitution: a person cannot be restricted in their rights. If a person officially owns, for instance, a house, we cannot, by law, forbid them from selling that house or buying another. It would directly contradict the Constitution. Yes, there's a provision that allows limiting rights during a state of war, but these rights cannot be indefinitely restricted," he notes.
Moreover, he adds that Ukraine cannot become a state resembling Russia, where neither laws nor norms apply, and the Constitution simply turns into paper.
Draft mobilization bill
On Monday, December 25, the Cabinet submitted a bill to the Parliament proposing several changes in the mobilization process.
Specifically, the government aims to impose restrictions on draft evaders: prohibiting property operations, managing their vehicles, and utilizing their funds and other assets.
According to RBC-Ukraine's sources, the bill might still undergo changes or further revisions.
For more details about this initiative, refer to the material of RBC-Ukraine.
