Former convicts in the Armed Forces of Ukraine will be allowed to transfer after one year of service
The Verkhovna Rada has passed Bill No. 15225, which extends the rights of military personnel who have been conditionally released early from serving their sentences in order to serve under a contract. The changes apply to military personnel who have been granted conditional early release from serving their sentences by a court under Article 81-1 of the Criminal Code of Ukraine in order to undertake military service under contract.
Currently, such military personnel serve in specialised units within military formations. The law is intended to bring their social and service rights partially into line with those of other military personnel.
The bill’s sponsors explained that it was necessary to make more effective use of these soldiers’ military experience, to take into account their age and state of health, and to ensure adequate social protection.
When will a transfer to another unit be permitted?
After at least one year of service in a specialised unit, a service member may be transferred to another unit of the Armed Forces of Ukraine.
The one-year period will be counted from the date on which the contract for military service comes into force. Previously, the law provided for such soldiers to serve exclusively in specialised units.
A separate procedure is provided for military personnel who have sustained injuries, trauma, concussion or illness whilst on duty.
If the military medical board deems such a soldier fit for service in support, logistics, communications or security units, medical facilities, training centres or the Territorial Recruitment Centre, they may be transferred regardless of the duration of their contract.
For this to happen, there must be no post available in the specialised unit that corresponds to the commission’s conclusion. The serviceman’s own consent is also required.
What leave entitlements will service personnel receive?
After one year of service, service personnel who have been conditionally released early will be entitled to annual basic leave of 30 calendar days.
This leave may be split into parts. Servicemen will retain their pay and allowances, and will also be paid a health allowance equivalent to one month’s pay.
In addition, provision is made for additional leave for family reasons or other valid reasons, lasting up to ten calendar days.
Servicemen who have returned from Russian captivity will also be able to take the leave provided for by law. For female servicemen, the right to leave in connection with pregnancy and childbirth has been regulated.
Under what conditions will discharge from service be permitted?
The law expands the list of grounds on which the contract of a service member, who has been conditionally released early from prison, may be terminated.
These include:
reaching the maximum age for military service;
unfitness or temporary unfitness for service as determined by a medical commission;
disability resulting from a service-related injury or illness;
return from captivity, if the serviceman does not wish to continue service;
pregnancy of a female service member;
the need to care for a child under the age of three, or, subject to a medical certificate, under the age of six;
the entry into force of a new conviction carrying a sentence of imprisonment or restriction of liberty;
the end of a special period or the announcement of demobilisation.
In cases of disability or return from captivity, a service member may remain in the armed forces if they so wish.
What comments have been raised regarding the draft law
During the drafting of the document, the Verkhovna Rada’s Main Scientific and Expert Directorate drew attention to a number of unresolved issues.
One of these concerns the administrative supervision of military personnel who have been conditionally and prematurely released for service. Under current rules, such supervision is carried out by the commander of the military unit.
However, the opinion noted that the draft did not explain how the commander is to monitor a serviceman whilst on leave, particularly if he leaves the area of his posting. Nor was the procedure for supervision following a transfer to another unit regulated in detail.
The experts also raised the issue of the remaining part of the sentence if a person is released early from military service on one of the new grounds.
The report noted that the draft legislation did not provide a clear answer as to whether the period of service would count towards the remaining part of the sentence, or whether the person would have to return to serve the remainder of their sentence after discharge. The experts also warned of the risk that certain grounds for early termination of service might be exploited to avoid serving the remainder of a sentence.
A separate comment concerned female service personnel. The draft bill simultaneously provided for maternity leave for them and defined pregnancy as a ground for discharge from service. The Main Scientific and Expert Directorate saw this as a legal conflict.
The law will come into force once the signing procedure has been completed and it has been officially published. Until then, military personnel who have been conditionally and early discharged will continue to serve under the current rules.
Follow us on Telegram.
