Narrowing the scope of existing rights of citizens to non-conscription

The right to non-conscription during mobilization was not initially provided for in legislation and appeared in the law gradually.

Thus, the Law of Ukraine “On mobilization preparation and mobilization” was supplemented by Article 23 in 2005, when the first revolution took place in Ukraine (Orange Maidan). Then, among other things, people's deputies of Ukraine and deputies of the Verkhovna Rada of the Autonomous Republic of Crimea received the right to defer non-calls during mobilization.

In 2014, after the second revolution (Euromaidan), the above article was supplemented with a new part in accordance with Law N 1575-VII of 07/03/2014, and it was established that students studying for military service during mobilization, for a special period, are also not subject to conscription full-time education.

In 2022, after a large-scale invasion, the article was supplemented with a provision according to which persons who have a wife (spouse) from among persons with disabilities and/or one of their parents or parents of a spouse (spouse) from among persons with disabilities of group I or II so were not subject to conscription during mobilization (paragraph eleven of part one of Article 23 as amended by Law No. 2122-IX of March 15, 2022).

However, already in 2023, the rights inspired were narrowed, and persons who have a wife (husband) from among persons with disabilities and/or one of their parents or the parents of their wife (spouse) from among persons with disabilities of group I or II, received the right not to be called. only on the condition that such persons with disabilities do not have other able-bodied persons obliged in accordance with the law to support them (paragraph eleven of part one of Article 23 as amended by Law No. 2122-IX of March 15, 2022; as amended in accordance with Law No. 3161- IX dated June 28, 2023).

That is, despite the indirect prohibition established in Article 22 of the Constitution of Ukraine, the government narrowed the content and scope of existing rights and freedoms of citizens.

We remind you that constitutional rights and freedoms are guaranteed and cannot be revoked. When adopting new laws or amending existing laws, it is not permitted to narrow the content and scope of existing rights and freedoms.

That is, when amending laws, it is permissible to establish additional human rights and freedoms, but narrowing the content and scope of existing rights and freedoms is unacceptable.

Now there are attempts to narrow the rights of students by introducing amendments to the specified article of the Law of Ukraine “On mobilization preparation and mobilization,” which is a continuation of the policy of violating the Constitution of Ukraine and human rights.