ISSUES OF LEGAL SECURITY OF MILITARY SERVICE, ACCOUNTING AND MOBILIZATION OF PUBLIC SERVANTS (ON THE EXAMPLE OF THE POLICE, SSES, SBI)

Abstract

The article is devoted to the problem of individual provisions of the Draft
Law on Amendments to Certain Legislative Acts of Ukraine on Certain Issues of
Military Service, Mobilization, and Military Registration No. 10449 dated January
30, 2024, as a result of which a number of significant shortcomings of the
specified document were identified, and a number of proposals were formulated
improvement of its content.
First of all, the explanatory note does not substantiate the expediency of
making changes to the Laws of Ukraine «On Civil Service», «On the Prosecutor's
Office», «On the National Police», etc., which led to legal errors, illogical proposals
and the possibility of violation of the constitutional rights and freedoms of
citizens.
Secondly, it is advisable to exclude from the final and transitional provisions
of the specified draft law the provision that: «Male citizens who are serving in the
National Police of Ukraine, the Judicial Security Service, the State Bureau of
Investigation, the Bureau of Economic Security of Ukraine, bodies and units of
civil protection , of the State Criminal Enforcement Service of Ukraine are obliged
within 60 days from the date of entry into force of the Law to enter the military
register of conscripts in the territorial centers of recruitment and social support
at their place of residence;», leaving the current wording of the relevant
paragraph of part 1 with respect to this norm Art. 23 of the Law of Ukraine «On
Mobilization Training and Mobilization».
Thirdly, the norm regarding the restriction of the right to public service for
men under the age of 60 who have not completed basic military training or
military service: 1) violates Art. 38 of the Constitution of Ukraine; 2) contradicts
Clause 7, Part 1, Art. 4 of the Law of Ukraine «On Civil Service»; 3) contains signs
of discrimination based on gender and age.