• 26/02/2024 23:49

Ombudsman on the mobilization bill: there are norms that contradict the Constitution

 Омбудсмен о законопроекте по мобилизации: есть нормы, которые противоречат Конституции

Photo: Dmitry Lubinets, Ukrainian ombudsman (Vitaly Nosach, RBC-Ukraine) Author: Ivan Nosalsky

The bill of the Cabinet of Ministers of Ukraine on mobilization contains norms that contradict the Constitution. We are talking about restrictions for draft dodgers.

This was reported by RBC-Ukraine with reference to an interview with Verkhovna Rada Commissioner for Human Rights Dmitry Lubinets, which was broadcast on the telethon.

“I always approach all processes taking place on the territory of our state and beyond, exclusively through national and international legislation. This bill, in my opinion, contains norms that are contrary to the Constitution . I will directly write about this when this bill is officially introduced for approval from me,” Lubinets emphasized.

According to him, the bill can be sent for approval at the stage of preparation for consideration by the relevant committee of the Rada.

The Ombudsman promised to carefully study the bill and “make his objections.”

Lubinets said that a number of restrictions that they want to introduce in relation to draft dodgers violate the Constitution. In particular, this is a ban on real estate transactions.

“This is a direct norm of the Constitution: a person cannot be limited in his rights. If a person officially owns, for example, a house, then we cannot legally prohibit him from selling this house or buying another . This would directly contradict the Constitution. Yes, there is a norm , which directly allows rights to be limited under martial law, but these rights cannot be limited indefinitely,” he noted.

At the same time, he added that Ukraine cannot turn into a state that is similar to Russia, where neither laws nor norms will apply, and the Constitution will simply turn into a piece of paper.

Mobilization Bill

Let us remind you that on Monday, December 25, the Cabinet of Ministers submitted a bill to the Rada, which proposes to introduce a number of changes in the mobilization process.

In particular, the government wants to introduce restrictions for draft dodgers: prohibit them from dealing in real estate, driving personal vehicles, and using their own funds and other valuables.

According to RBC-Ukraine sources, the bill can still be changed or finalized.

You can find out more about the initiative in the RBC-Ukraine article.

Read urgent and important messages about Russia's war against Ukraine on the RBC-Ukraine Telegram channel.

www.rbc.ua

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