CERTAIN ASPECTS OF MOBILIZATION IN UKRAINE FROM THE POSITION OF A LAWYER

Abstract

The article examines issues related to the improvement of the mobilization system in Ukraine. After the invasion of the Russian Federation on the territory of Ukraine, the citizens of our country faced unimaginable shocks, as every person knows about the criminal and illegal arbitrariness committed by the military of the Russian Federation. Our state faced many new challenges in the field of defense caused by the armed aggression of the Russian Federation against Ukraine. It was established that the servicemen of the territorial recruitment and social support centers, in accordance with the mobilization plan and tasks, at their own discretion decide where and how to mobilize the required number of people, since a small percentage of them voluntarily appear at the military commissariats. As a result, such persons, having the authority to carry out mobilization measures, resort to all kinds of abuses. And that is why it has been proven that an effective measure of ensuring the mechanism of consistent and fair mobilization is the introduction of an automated mechanism for identifying persons in respect of whom it is necessary to take actions for their mobilization, which will ensure its transparency and will not depend on the subjective factors of individual officials. Attention was drawn to the long term of consideration by the courts of petitions for the release of servicemen from criminal responsibility for the facts of voluntary abandonment of a military unit, which makes it impossible to enroll servicemen in the list of military units. The proposed expediency of developing a clear mechanism of action, aimed at ensuring that within 1–2 days, after obtaining the consent of a serviceman to continue military service, the court will issue a decision on exemption from criminal responsibility, which, in turn, will provide an opportunity to include a person in the lists military unit and involve in the defense of the state. The issue of long-term passing of the military medical commission was considered. In order to eliminate such cases, there is a well-founded need to develop a clear mechanism for out-of-hours military medical commission referrals by the pre-trial investigation body, including, if necessary, in hospital conditions.