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. Draft Resolution of the Verkhovna Rada of Ukraine
Position: This document directly supports the draft law, as it proposes its adoption as a basis.
Main Provisions:
- It is proposed that the Verkhovna Rada adopt as a basis the draft Law of Ukraine on the Military Ombudsman.
- The Verkhovna Rada Committee is instructed to finalize the draft law, taking into account the comments and proposals of the subjects of the right of legislative initiative, and submit it for consideration in the second reading.
2. Financial and Economic Calculations for the Draft Law of Ukraine
Position: The document itself does not express support or criticism, but it is important for assessing the financial implications of the implementation of the draft law.
Main Provisions:
- The total cost of the public service for the formation and implementation of the act amounts to significant funds from the state budget. For example, UAH 37,443.3 thousand is required for the first year of implementation, and UAH 184,439.5 thousand for the fourth year.
- The calculations indicate that the implementation of the act will require additional expenditures from the state budget for 2025-2028.
- The strategic goal is defined as ensuring democratic civilian control over the security and defense sector regarding respect for the rights of servicemen.
- The interested parties whose interests are aimed at ensuring the implementation of the act are indicated, in particular, servicemen, persons liable for military service, reservists, members of voluntary formations of territorial communities, foreigners and stateless persons undergoing military service, and police officers of special police.
3. Conclusion of the Main Scientific and Expert Department of the Office of the Verkhovna Rada of Ukraine
Position: Although the conclusion does not contain direct support or rejection, it contains critical comments indicating the need for significant revision of the draft.
Main Provisions:
- Doubts are expressed regarding the constitutionality of granting the President of Ukraine the power to appoint and dismiss the Military Ombudsman and his deputies.
- The need to differentiate the powers between the Ukrainian Parliament Commissioner for Human Rights and the Military Ombudsman is indicated.
- The inconsistency of certain provisions of the draft with the Venice Principles on the functioning of the institution of the Ombudsman, in particular, regarding the selection procedure, appointment criteria, term of office, reporting and functional immunity, is emphasized.
- There are comments on the terminological apparatus of the draft law, in particular, regarding the definition of “servicemen of the security and defense forces” and “complaint.”
- Reservations are expressed regarding the possibility of abuse of discretionary powers of the Military Ombudsman and the need to establish clear criteria for the exercise of powers.
4. Conclusion of the Committee of the Verkhovna Rada of Ukraine on National Security, Defense and Intelligence
Position: The Committee recommends that the Verkhovna Rada adopt the draft law in the second reading and as a whole, which indicates support for the draft.
Main Provisions:
- The draft law is aimed at creating an additional effective mechanism for protecting the rights of servicemen.
- During the preparation for the second reading, numerous amendments and proposals were taken into account and rejected.
- The Committee recommends that the Verkhovna Rada adopt the draft law in the second reading and as a whole.
- It is proposed to instruct the Committee, together with the Main Legal Department of the Office of the Verkhovna Rada of Ukraine, to carry out technical and legal finalization of the adopted Law.
5. Conclusion of the Main Directorate for Documentary Support of the Office of the Verkhovna Rada of Ukraine
Position: This conclusion is of a technical nature and concerns the linguistic examination of the draft law. It does not express support or criticism per se.
Main Provisions:
- A professional (linguistic) examination of the draft Law was carried out.
- Editorial amendments were made regarding the correction of grammatical errors.
6. Comments of the Main Legal Department of the Office of the Verkhovna Rada of Ukraine
Position: The document contains comments on the draft law, but indicates that it can be adopted in the second reading, taking into account these comments.
Main Provisions:
- The comments mainly repeat previous comments, with the exception of certain provisions in which previous comments were taken into account.
- It is proposed to clarify the wording of the subparagraph regarding the inclusion of the Military Ombudsman and his deputies in the list of subjects covered by the Law of Ukraine “On Prevention of Corruption.”
- General conclusion: the draft law can be adopted in the second reading, taking into account the comments made.
7. Conclusion of the Committee of the Verkhovna Rada of Ukraine on Integration of Ukraine into the European Union
Position: The Committee recognized the provisions of the draft law as being governed by the national legislation of the member states of the European Union and not subject to international legal obligations of Ukraine in the field of European integration.
Main Provisions:
- It was determined that the provisions of the draft law are not subject to international legal obligations of Ukraine in the field of European integration.
