Military Ombudswoman Olga Reshetilova has stated that draft legislation on sanctions against draft dodgers has already been drawn up. Among the possible measures, she cited the freezing of bank accounts, restrictions on driving licences and access to administrative services. According to her, the bills have not yet been submitted to the Verkhovna Rada.
Briefly about the main points
- Draft legislation introducing new restrictions has already been drawn up.
- The documents have not yet been submitted to the Rada.
- Account freezes have been cited as one of the possible measures.
- They may also restrict the use of a driving licence.
- The details of the restrictions and the appeal procedure are unknown.
What restrictions did the ombudswoman mention?
According to Reshetilova, the draft legislation under consideration may provide for three types of restrictions: the freezing of bank accounts, restrictions on the use of driving licences, and restrictions on access to administrative services.
This specifically refers to legislative initiatives that have not yet been considered by parliament. The document numbers, their texts, authors and explanatory notes are not publicly available.
What is already provided for under current legislation
Specific mechanisms associated with the disorder rules of military registration, already exist, but they follow a different procedure. A person liable for military service or a reservist may have their right to drive temporarily restricted by a decision of an administrative court: the Military Registration and Enlistment Office files the relevant claim following a failure to comply with a requirement.
The law also provides for exceptions. The court must refuse to impose a restriction if driving is a person’s main lawful source of income, or if the car is necessary due to the person’s disability, or that of a dependant with a Group I or II disability, or a child with a disability.
Funds in bank accounts may be seized as part of the enforcement of a ruling concerning an unpaid administrative fine. This does not mean that the bank will automatically freeze an account simply because of a breach of military registration requirements.
Unknown details of the forthcoming rules
It has not yet been disclosed exactly who might be affected by the new measures: individuals who have been issued with a notice of an administrative offence, or those who have failed to comply with a requirement TCC, or other categories of persons liable for military service.
It is also unclear what form any restrictions on banking transactions might take, which specific administrative services might be unavailable, whether there will be any exceptions, and how individuals will be able to appeal against such decisions. Without the texts of the draft legislation, it is impossible to determine whether this will involve a complete refusal to provide a service, a delay in its provision, or additional checks.
The procedure will be crucial during the proceedings
In the legal debate, it is not only the list of possible restrictions that will be decisive, but also the procedure for applying them: the method of notifying the individual, the authority responsible for determining whether a breach has occurred, the duration of the measures, and the mechanism for lifting them once the breach has been rectified.
The Constitutional Court emphasised that even under martial law, restrictions on rights must be established by law, pursue a legitimate aim, and be necessary and proportionate. This is not an assessment of draft laws that have not yet been published, but it sets out the criteria against which they may be assessed once they have been tabled in parliament.
