The new bill does not take into account a number of important circumstances.
Member of the Expert Council of the Center for Civil Liberties, human rights activist Volodymyr Yavorsky believes that a bill registered last week №7265 on the forced return of men from abroad will have negative consequences for Ukraine. The expert voiced the relevant position in his article for ZMINA.
“Article 10-1 of the bill obliges, in the absence of valid reasons, to return in case of martial law in Ukraine or in certain localities, who are required by law to be called up for military service during mobilization, as well as members of the Cabinet, heads of state authorities and their deputies, people's deputies, village, settlement, city mayors, law enforcement officers, judges, judges of the Constitutional Court, prosecutors who are outside Ukraine, “Yavorsky wrote.
He added that good reasons for non-return would be:
- ban on leaving the host country;
- natural disasters;
- catastrophes,
- accidents;
- business trips;
- inpatient treatment;
- others circumstances preventing the departure from the host country.
If the law is passed, the deadline for the return of the above-mentioned persons will be 15 days from the date of martial law in Ukraine or in some of its localities, if the presidential decree no other term will be defined for entering this state.
Responsibility for non-return without good reason in case of entry into force of amendments to the law – imprisonment for a term of 5 to 10 years.
“At first glance, the bill does not violate human rights, as it is related to the implementation of responsibilities After all, states have the right to make such decisions during the war. However, in my opinion, such an initiative, if adopted, will have negative consequences for the country, “said the militiaman.
He cited a number of important circumstances that does not take into account the specified bill.
- Legislation does not clearly define the list of persons subject to conscription . For example, the list of persons entitled to leave the country is significantly narrowed compared to the list of persons not subject to mobilization (Article 23 of the Law on Mobilization). In addition, the president has repealed a decree to hold a spring call-up, meaning that these people are conscripts by law, but there is no real need for them to stay in Ukraine.
- These norms are directed against Ukrainian workers who have been living abroad for a long time .
- The state is taking extreme measures, which could mean that people are not actually returning to the country, as reported by the border service . Earlier, she said that as of April 12, 870,000 Ukrainians had returned.
- Coercion during mobilization will inevitably lead to increased corruption in this area , because the good will of the military enlistment offices will determine whether a person will be mobilized.
- The quality of the army, which will be forcibly mobilized without any military experience, will be much lower than now .
- Forced return of men from abroad is the most economically unprofitable , as it will encourage citizens to stay abroad and sever ties with Ukraine.
“It seems that the only thing that could really be supported in such a situation is certain sanctions against civil servants, and in this case it would be enough to consider a penalty in the form of a fine with deprivation of the right to hold public office for 5 or 10 years. “, – summed up Yavorsky.
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Recall, On April 13, the Verkhovna Rada of Ukraine registered Bill №7265, which proposes to supplement the Criminal Code with a new Article 337-1. It will establish criminal liability for non-compliance with the law on return to Ukraine without good reason after the imposition of martial law in Ukraine, and will require the return of all conscripts, except under certain conditions.
Vitaliy Bezgin, a member of the Servant of the People party, said the bill should not be passed. According to him, the war significantly damages the country's economy, and men, especially those who live abroad for a long time, make transfers to Ukraine and are a significant filler of the budget during this period. At the same time, securing the rear is no less important for a combat-ready army.
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