Tuesday, 02 January 2024 12:17 GMT

Parliament Adopts Law On Military Ombudsman


(MENAFN- UkrinForm) According to a Ukrinform correspondent, legislative initiative No. 13266 was supported by 283 Members of Parliament.

The law aims to create an additional effective mechanism for protecting the rights of military personnel. This mechanism is designed to complement the existing means of safeguarding constitutional rights and freedoms, without replacing them or altering the competence of state bodies responsible for protecting and restoring violated rights and freedoms.

The document introduces the position of Military Ombudsman, who will exercise civilian oversight of compliance with the rights of service members, reservists, and conscripts undergoing training or special assemblies; members of voluntary territorial defense formations; foreign nationals and stateless persons serving in the Armed Forces of Ukraine, the State Special Transport Service, the National Guard, as well as police officers engaged in combat operations under martial law.

The Military Ombudsman will be appointed by the President of Ukraine for a five-year term, with the possibility of serving no more than two consecutive terms.

Candidates must be citizens of Ukraine aged 30 or older, hold a higher education degree at the level of master's or above, be fluent in the state language, possess high moral standards and an impeccable reputation, have resided in Ukraine for at least the last five years, and be physically fit to perform official duties.

At the same time, the law establishes several restrictions: the Ombudsman cannot be a person with an unexpunged criminal record or a history of corruption, a member of a political party, active military personnel, a foreign national, a person with alimony debt, or someone who has failed an anti-corruption vetting or has not submitted a declaration of assets.

Among the key responsibilities of the Military Ombudsman are identifying and analyzing the causes of rights violations of service members, preparing proposals to eliminate such violations and prevent them in the future, and providing recommendations to military leadership on improving the human rights situation in the defense sector.

The Ombudsman will also be authorized to receive complaints from service members or their representatives and to initiate inspections in cases where information on potential violations is available-regardless of the source: official appeals, media reports, or confidential submissions. Based on the findings of such inspections, conclusions will be drawn indicating the nature of the violation, the responsible official, the causes of the violation, and possible remedies. These conclusions will be submitted to the command with a demand to rectify the violation, restore rights, and consider disciplinary liability of those at fault.

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Complaints must be reviewed within a period not exceeding ten working days.

If the matter involves a threat to an individual's life or health, the response period is shortened to three days.

Where signs of a criminal offense are identified, the information is transferred to law enforcement agencies; in cases of corruption-related offenses, it is forwarded to the National Agency on Corruption Prevention (NACP).

The maximum period of review is 30 working days, with the possibility of a one-time extension for the same duration.

Based on the results of the review, the Military Ombudsman decides on further action, and the complainant is notified of the outcome no later than three days after the decision has been issued. The Ombudsman's actions may be appealed in court.

The Military Ombudsman is also entitled to visit military units, educational institutions, guardhouses, and combat zones without hindrance, to engage in international cooperation, issue directives, prepare findings and recommendations, and, in cases provided for by law, draw up administrative offense reports.

The Office of the Military Ombudsman will function as an auxiliary body to the President. The Ombudsman may also cooperate with the Verkhovna Rada Commissioner for Human Rights based on a memorandum. Each year, the Ombudsman will report on his or her activities to the President, with the report to be published on the official website.

As reported by Ukrinform, on June 3, the Verkhovna Rada adopted at first reading draft law No. 13266 on the establishment of the institution of the Military Ombudsman.

In December 2024, President Volodymyr Zelensky appointed human rights defender Reshetylova as Military Ombudsman

Photo: Facebook / Ruslan Stefanchuk

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