On May 8, 2024, the Verkhovna Rada adopted the draft law in the second reading No. 11079-1. One of the innovations is the introduction of the institution of conditional early release of persons from serving a sentence for their direct participation in the defense of the country, the protection of its independence and territorial integrity.
Let's consider the main points of this draft law and the essence of the procedure for the mobilization of convicts.
How and where to contact a convicted person?
The parole procedure is initiated by the statement of a convict who has expressed a desire to perform military service under a contract and meets the requirements set forth in the Law of Ukraine "On Military Duty and Military Service":
- who have at least 3 years remaining before reaching the age provided for in Article 22 of this Law, that is, from 45 to 65 years, depending on the rank;
- fit for military service due to health;
- passed the professional and psychological selection;
- have a sufficient level of physical fitness to perform military service duties.
After receiving such a statement, the penal institution organizes the convict's initial medical examination in health care institutions.
The administration of the institution of execution of punishments, on the referral of the TCC, ensures that convicts pass the VLK. In the event that the convict is recognized as fit for military service due to his health, a copy of the certificate of the military medical commission is immediately provided to the administration of the penal institution.
Appeal to the court
The institution of execution of punishments shall immediately send to the local court, within the territorial jurisdiction of which the convicted person is serving his sentence:
- presentation;
- statement of the convicted person;
- written consent of the commander of the military unit;
- copy of military registration documents;
- a copy of the conclusion (resolution) of the VLK on the suitability of a person for military service
It is worth noting! The convict, being in conditions of isolation from society, is limited in his ability to obtain the written consent of the commander of the military unit. Currently, the issue of how a convicted person can obtain the written consent of the commander of a military unit to go to court is not regulated by law.
The court session regarding the consideration of the application for the UDZ is held with the participation of the prosecutor, the convicted person and a representative of the institution of execution of punishments.
The court decision, adopted as a result of the review, is sent to the relevant TCC, as well as to the institution of execution of punishments immediately, but no later than 24 hours after its announcement.
Referral of the convicted person to the TCC
The convicted person, accompanied by the National Guard, arrives at the TCC immediately, but no later than 24 hours after the court decision on UDS enters into force, to be sent to a specialized unit of the military unit. Upon arrival, the convict is placed under administrative supervision.
Importantly! Please note that not all convictions can be paroled for military service, namely:
- persons convicted of committing a crime against the foundations of national security of Ukraine
- persons convicted of premeditated murder of two or more persons, or combined with rape or sexual violence
- persons convicted of criminal offenses provided for by articles 152-1561, 258-2586, part four of article 2861 of this Code.
