Analysis of the draft law:
Analysis of the Draft Law
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Analysis of other documents:
Analysis of documents regarding the draft Law of Ukraine “On the Military Ombudsman”
1. Resolution of the Verkhovna Rada of Ukraine on the adoption as a basis of the draft Law
Author’s position: The author (President of Ukraine) supports the draft law, as he submits it for consideration by the Verkhovna Rada.
Key provisions:
- The draft Law of Ukraine on the Military Ombudsman is adopted as a basis.
- The Committee of the Verkhovna Rada of Ukraine is instructed to revise the draft law taking into account the comments and proposals and submit it for consideration in the second reading.
- This document is procedural and determines the further course of consideration of the draft law in the Verkhovna Rada.
2. Financial and economic calculations for the draft Law
Author’s position: The author (Commissioner of the President of Ukraine for the Protection of the Rights of Servicemen and Members of Their Families) supports the draft law, as he provides a financial and economic justification for the need to adopt it.
Key provisions:
- The strategic goals of the draft law are defined – ensuring democratic civilian control over the security and defense sector regarding the rights of servicemen.
- The total cost of the public service for the formation and implementation of the act (creation of the Office of the Military Ombudsman) is:
- Current year (n): UAH 37,443.3 thousand
- Year (n+1): UAH 136,763.5 thousand
- Year (n+2): UAH 172,696.2 thousand
- Year (n+3): UAH 184,439.5 thousand
- The interested parties are indicated: servicemen, those liable for military service, reservists, members of volunteer formations of territorial communities, foreigners and stateless persons who are undergoing military service, police officers of special police.
- The necessity of additional expenses from the state budget for the implementation of the draft Law is substantiated.
- It is noted that the implementation of the draft Law requires additional expenses from the state budget, which will increase every year.
3. Conclusion of the Main Scientific and Expert Department of the Apparatus of the Verkhovna Rada of Ukraine
Author’s position: The Main Scientific and Expert Department expresses a number of comments and proposals to the draft law, which indicates the need for its revision, but generally does not oppose its adoption.
Key provisions:
- Comments on the constitutionality of granting the President powers to appoint and dismiss the Military Ombudsman and his deputies.
- The need to distinguish between the powers of the Ukrainian Parliament Commissioner for Human Rights and the Military Ombudsman.
- Indication of the inconsistency of certain provisions of the project regarding the functioning of the institution of the Military Ombudsman with the Venice Principles, in particular regarding the procedure for selecting candidates, criteria for appointment, term of office, reporting and functional immunity.
- Comments on the terminological apparatus of the draft law, in particular regarding the definition of categories of persons covered by the Law, and the implementation of democratic civilian control.
- It is indicated the need for a clear definition of the grounds for dismissal of the Military Ombudsman from office.
- Comments are made regarding procedural issues of consideration of complaints and conducting inspections.
4. Conclusion of the Committee of the Verkhovna Rada of Ukraine on National Security, Defense and Intelligence
Author’s position: The Committee supports the adoption of the draft law in the second reading and as a whole, recommending it to the Verkhovna Rada.
Key provisions:
- The draft law is aimed at creating an additional effective mechanism for protecting the rights of servicemen and other categories of persons.
- The Committee considered 910 amendments and proposals, of which 11 were taken into account, and 899 were rejected.
- It is proposed to instruct the Committee to carry out technical and legal revision of the text of the adopted Law.
5. Conclusion of the Main Department of Documentary Support of the Apparatus of the Verkhovna Rada of Ukraine
Author’s position: The conclusion confirms the linguistic examination of the draft law and the introduction of editorial amendments.
Key provisions:
- A professional (linguistic) examination of the draft Law has been carried out.
- Editorial amendments provided during the preliminary examination were partially taken into account in the text of the draft law.
- Editorial amendments were made to correct grammatical errors.
6. Comments of the Main Legal Department of the Apparatus of the Verkhovna Rada of Ukraine
Author’s position: The Main Legal Department notes that the draft law can be adopted in the second reading, taking into account the comments made.
Key provisions:
- The relevance of most of the comments made earlier is confirmed.
- It is proposed to clarify the wording of subparagraph “m” of paragraph 1 of part one of Article 3 of the Law of Ukraine “On Prevention of Corruption” to avoid duplication of provisions.
7. Conclusion of the Committee of the Verkhovna Rada of Ukraine on issues of integration of Ukraine into the European Union
Author’s position: The Committee states that the provisions of the draft law are regulated by the national legislation of the EU member states and do not fall under the scope of international legal obligations of Ukraine in the field of European integration.
Key provisions:
- The draft Law does not contradict Ukraine’s obligations in the field of European integration.
- This means that the adoption of the Law will not have a negative impact on the process of Ukraine’s integration into the EU.
