September 14, 2023, 14:58

The rotation of personnel in military commissariats will not solve the problems with mobilisation

Roman Lykhachov, lawyer of the Chuhuiv Human Rights Group, spoke about the innovations in the mobilisation rules during a briefing at the Ukraine-Lviv Media Center. According to him, the replacement of military commissariats does not affect a significant number of violations by employees of the Military Medical Commission who are not subordinate to them. Moreover, the legislation governing the activities of military medical commissions needs to be adapted to the conditions of war. After all, the law on mobilisation and the law on military duty and military service often contradict each other.

“The task of the Territorial Recruitment Centres is to bring a person to the medical commission and get a conclusion on fitness or unfitness. It does not affect the Military Medical Commission. The legislation on the Military Medical Commission was adopted 15 years ago and has not been changed, although a year and a half of war has passed. And then we say that the Territorial Recruitment Centre is to blame. There are certain loopholes, and I know of at least ten ways to circumvent the law. I don’t understand why the system doesn’t want to close these loopholes.”

Below are the main points from the briefing.

Demobilisation. “The draft law on dismissal after 18 months of service has not yet been adopted. On the one hand, mass dismissals can lead to a loss of combat capability of some troops. On the other hand, the state must take into account the exhaustion of defenders and look for mechanisms to resolve this issue.”

Summonses. “The distribution of calls on the streets and the delivery of potential recruits to the Territorial Recruitment Centres is a consequence of the fact that people who have received calls do not come to military commissariats in large numbers. There are no formal violations in the processing of mobilisation documents within a few hours. It is a way for the Territorial Recruitment Centres to reduce the risk that a person with a summons will not show up for deployment in a few days.”

Deferments for students of second higher education. “It was a belated decision that should have been made in the spring, before the admission campaign to higher education institutions. It threatens to further increase the number of lawsuits. After all, a person who has paid tuition fees can sue for their return or protection of their property rights.”

Conscription of women in medical specialities. “The law on military registration adopted last year comes into force on 1 October. Women doctors and pharmacists were liable for military service and had to register with military enlistment offices long before the full-scale invasion of Russia. Only this provision of the law was not implemented.”

Women doctors travelling abroad. “Currently, there are no legal grounds in Ukraine to restrict women’s travel abroad, whether they are liable for military service or not. On the other hand, there is a law on military duty which prohibits travel. But how the border guards will know who is in front of them is unknown. Therefore, in this case, the law cannot be enforced.”

Watch the full video on the YouTube channel(in Ukrainian).

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