The Verkhovna Rada allowed certain categories of prisoners to be mobilised. The permit does not apply to those convicted of the premeditated murder of two or more people, rape and crimes against national security.
In the second reading, 279 MPs voted in favour of draft law 11079-1. This was reported by MPs on social media.
Prisoners who express a desire to be mobilised will be able to serve after a court decision and a military qualification examination. But their sentence should not exceed three years.
One of the authors of the draft law, Olena Shulyak, said that the released criminals would serve in special units.
Those convicted of crimes
- against the foundations of Ukraine's national security
- intentional murder of two or more persons, or combined with rape
- sexual violence (Articles 152-156/1)
- convicted of terrorism, under part four of Article 286/1 of the Criminal Code of Ukraine (drunken road traffic accidents with fatalities), unless such convictions are cancelled or removed in accordance with the procedure established by law
- Those who have attempted to kill law enforcement officers
- those who have committed particularly serious corruption offences
- those who held a particularly responsible position regardless of the article of the offence (ministers, deputies, their deputies and assistants, etc.).
According to Yaroslav Zheleznyak, the anti-corruption risks, in particular for top corrupt officials, which the relevant committee had emphasised, have been removed only partially.
"The right to be mobilised from prison has been removed for MPs and some top corrupt officials (with exceptions)," he wrote on Telegram.
Oleksiy Honcharenko stressed that murderers and rapists will not be able to mobilise.
"Those convicted of grievous premeditated murder, rape, sexual violence, crimes against the foundations of national security will not be mobilised!" he said.
His faction colleague, Iryna Herashchenko, said that the draft law on amendments to the Criminal Code and other laws to introduce the institution of early release of persons from serving their sentences for their direct participation in the defence of the country, protection of its independence and territorial integrity provides for
- Amendments to the Criminal Code regarding the conditional early release of people for their participation in military service under a contract establishing liability for evasion of such service
- a decision on the conditional early release of persons for participation in military service under a contract will be made by a court
- regulation of the procedure for conditional early release from punishment of persons for their participation in military service under a contract
- Amendments to the law on administrative supervision of persons released from places of deprivation of liberty - so that commanders of military units are responsible for administrative supervision
- Amendments to the law on military duty and military service to establish the specifics of acceptance, performance and discharge from military service of persons released on parole for contract military service, as well as to address the issues of their social and legal protection.
The Anti-Corruption Action Centre pointed out that some corrupt officials will still be able to avoid prison in exchange for mobilisation: the list of those who cannot use this law does not include officials of the Presidential Office, heads of state-owned enterprises, investigators, prosecutors and judges.
Mobilisation of convicts
- The draft law on allowing convicts to fight was approved in the first reading on 10 April. The version of the draft law recommended by the relevant committee removed the right to be released for military service for rapists, murderers, and traffic violators whose actions led to the death of people.
- The draft law proposes amendments to the Criminal Code of Ukraine to regulate issues related to the release of persons on parole for military service under a contract for the purpose of their direct participation in the defence of the country, protection of its independence and territorial integrity, as well as to establish liability for evasion of military service by such persons. At the same time, conditional early release from serving a sentence will not apply to persons convicted of crimes against the foundations of national security of Ukraine, convicted of the intentional murder of two or more persons, or combined with rape or sexual violence, as well as convicted of criminal offences under Articles 152-156-1, 258-258-6, part four of Article 286-1 of the Code.
- The draft law on the conditional early release of convicts from serving their sentences for military service was registered in parliament on 13 March. The text was prepared by the Ministry of Justice. The draft law on mobilisation for convicts is also included in the main draft law, but this separate document details who can be called up for service.