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Draft Law on Amendments to Certain Laws of Ukraine Regarding Education of Military Servicemen Aged 18 to 25 Serving Under Contract or Conscription During Mobilization, for a Special Period

Analysis of the draft law:

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Analysis of the explanatory note:

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Analysis of other documents:

## Analysis of documents regarding the draft Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding Education Issues of Servicemen Aged 18 to 25 Who Are Performing Military Service Under Contract or Conscription During Mobilization, for a Special Period”

### 1. List of Acts of the Cabinet of Ministers and Central Executive Authorities

**Author’s position:** The document is a list necessary for the implementation of the provisions of the draft law. In itself, it does not express support or non-support, but only outlines the necessary steps for the implementation of the law in case of its adoption.

**Main provisions:**

* Determines the need to review Order of the Ministry of Defense of Ukraine No. 170 dated April 10, 2009, which concerns the organization of the implementation of the Regulation on Military Service.
* The Ministry of Defense of Ukraine is designated as responsible for the preparation of the draft amendments to the order.
* The deadline for reviewing the order is six months from the date of official publication of the Law.
* Indicates the guarantees of servicemen aged 18 to 25 who are performing military service under contract, the right to education, as provisions that need to be implemented through this order.

### 2. Submission of the Cabinet of Ministers of Ukraine

**Author’s position:** The Cabinet of Ministers of Ukraine, headed by Prime Minister Denys Shmyhal, is the author and submits this draft law for consideration to the Verkhovna Rada, which clearly indicates its support.

**Main provisions:**

* The Cabinet of Ministers officially submits the draft law to the Verkhovna Rada.
* The Minister of Defense, Rustem Umerov, will present the draft law in the Verkhovna Rada.
* The document contains a list of appendices, including the text of the draft law, the draft resolution of the Verkhovna Rada, the explanatory note, the comparative table, and the list of acts.

### 3. Draft Resolution of the Verkhovna Rada of Ukraine

**Author’s position:** The author is the Cabinet of Ministers of Ukraine. The document proposes that the Verkhovna Rada adopt the draft law as a basis, which indicates its support.

**Main provisions:**

* It is proposed to adopt as a basis the draft Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding Education Issues of Servicemen Aged 18 to 25.”
* The Committee on National Security, Defense, and Intelligence is instructed to finalize the draft law, taking into account comments and suggestions, and submit it for consideration in the second reading.

### 4. Opinion of the Committee of the Verkhovna Rada of Ukraine on Human Rights, De-occupation, and Reintegration

**Author’s position:** The Committee generally supports the draft law, but with reservations regarding the need to harmonize and unify certain provisions. It is proposed to adopt the draft law as a basis after consideration in the first reading.

**Main provisions:**

* The draft law was developed to strengthen social benefits and guarantees for servicemen aged 18 to 25 during martial law.
* The changes concern the laws “On Military Duty and Military Service,” “On Social and Legal Protection of Servicemen,” “On Higher Education,” “On Education,” and “On Professional Pre-Higher Education.”
* The Committee draws attention to inconsistencies in the draft law:
* The proposed amendments to Article 39 of the Law of Ukraine “On Military Duty and Military Service” will not actually have real legal consequences.
* It is necessary to amend part two of Article 44 of the Law of Ukraine “On Professional Pre-Higher Education” to harmonize the provisions of the draft law.
* It is necessary to unify the wording regarding the persons to whom the law will apply.
* Proposes to the Committee on National Security, Defense, and Intelligence to recommend that the Verkhovna Rada adopt the draft law as a basis in the first reading.

### 5. Opinion of the Main Scientific and Expert Department of the аппарат (Office/Secretariat) of the Verkhovna Rada of Ukraine

**Author’s position:** The Main Scientific and Expert Department expresses a number of comments and suggestions to the draft law, which indicates a critical but constructive approach. There is no direct indication of support or rejection, but the emphasis is on the need for revision.

**Main provisions:**

* The proposed amendments to Article 39 of the Law of Ukraine “On Military Duty and Military Service” are redundant, as the current wording already covers a wider range of persons.
* The problematic nature of combining participation in combat operations and studying in higher education institutions is emphasized.
* It is necessary to unify the fragments of the proposed amendments to the laws on education.
* The incorrectness of mentioning conscript military service is indicated, as it has been abolished.
* It is proposed to extend guarantees to all students who are conscripted or accepted for military service during martial law.

### 6. Opinion of the Committee of the Verkhovna Rada of Ukraine on Budget Issues

**Author’s position:** The Committee on Budget Issues does not object to the further consideration of the draft law, as its implementation will not require additional expenditures from the state budget.

**Main provisions:**

* The implementation of the provisions of the draft law will not affect budget indicators.
* The Ministry of Finance does not object to the further consideration of the draft law.
* The draft law should be implemented at the expense and within the limits of expenditures provided for ensuring educational activities and the activities of the Armed Forces of Ukraine.

### 7. Opinion of the Committee of the Verkhovna Rada of Ukraine on National Security, Defense, and Intelligence

**Author’s position:** The Committee supports the draft law and recommends that the Verkhovna Rada adopt it as a basis in the first reading.

**Main provisions:**

* The draft law was developed to strengthen social benefits and guarantees for servicemen aged 18 to 25.
* The implementation of the draft law will not require additional expenditures from the State Budget of Ukraine.
* The Committee recommends that the Verkhovna Rada include the draft law in the agenda and adopt it as a basis in the first reading.
* The Minister of Defense of Ukraine, Rustem Umerov, will present the draft law at the plenary session of the Verkhovna Rada of Ukraine.

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