Draft bill #6569-д of May 31, 2024 

Cosponsors: a group of 6 MPs from the faction Servant of the People with Serhii Ionushas as the first signatory 

Status: adopted in the first reading 

Who is affected: service members, the Ministry of Defense, Armed Forces of Ukraine, State Transport Special Service (STSS), and the Cabinet of Ministers 

Summary: 

  • the Military Law Enforcement Service of the AFU will be dissolved 
  • a new body will be established in its stead: the Military Police (MP) 
  • the MP will be a military body performing law enforcement functions within the security and defense sector 
  • the purpose of the MP will be to ensure law and military discipline within the Ministry of Defense, the AFU, and the State Transport Special Service 
  • the work of the MP will be coordinated by the Cabinet through the Minister of Defense 
  • during martial law or a state of emergency, overall management and coordination of the work of the MP will be carried out by the Commander-in-Chief of the Armed Forces 
  • service members of the MP will be involved in combat operations only to fulfill the tasks of the MP 
  • tasks of the Military Police: 
    • prevent, detect, and stop criminal and administrative offenses within the Ministry of Defense, AFU, and STSS 
    • conduct proceedings in cases of administrative offenses that by law are within the jurisdiction of the MP 
    • carry out investigative activities provisioned in the law 
    • enforce law and military discipline among AFU and STSS service members, persons subject to military service, and reservists during assemblies, at locations of military units, higher military educational establishments, military facilities, and military towns, as well as on streets and in public places, at railway stations, seaports, and airports 
    • protect the lives, health, rights, and legal interests of service members, persons subject to military service, and reservists during their assemblies 
    • protect state property from illegal encroachments 
    • enforce punishments for crimes against service members of the AFU, other military units, and law enforcement agencies 
    • ensure compliance with road safety laws by drivers using military vehicles 
  • the Military Police will include: 
    • central MP management body 
    • territorial MP management bodies (interregional, regional, local) 
    • special purpose centers 
    • Military Police training centers 
    • disciplinary battalions 
  • members of the Military Police will be recruited from the AFU. The number of MP members will not exceed 1.5% of the AFU members 
  • the head of the MP will be appointed and dismissed by the President upon request from the Minister of Defense. During martial law — upon request from the Commander-in-Chief of the AFU 
  • the head of the MP will have to meet the following requirements: 
    • be a citizen of Ukraine among senior or high-ranking officers 
    • have higher legal and/or professional military education 
    • have at least five years of experience at management positions in state bodies, institutions, or organizations 
    • be fluent in the state language 
    • not be a member of any political party 
    • not be a member of an organization prohibited by law or court 
    • have high moral qualities, impeccable reputation, have proper educational and professional levels, and be medically fit to perform their duties 
    • pass the special check 
  • service members of the MP will have the right to use coercive measures, special means, and firearms, as well as technical devices, tools, and specialized software to perform their duties, as prescribed by the Law on the National Police 
  • there will be control over various aspects of MP’s work: 
    • activities of the MP will be supervised by the Cabinet of Ministers and the Law Enforcement Committee of the Verkhovna Rada 
    • compliance with constitutional rights and freedoms by service members of the MP will be monitored by the Commissioner for Human Rights 
    • supervision over the legality of the operative activities of the MP will be carried out by the prosecution bodies 
  • the head of the MP will submit a written report on the results of the work of the previous year to the Parliament annually by March 1. The Parliament will be able to declare the work of the head of the MP satisfactory or unsatisfactory. If the work is considered unsatisfactory, the Parliament will have the right to initiate the dismissal of the head of the MP 
  • the law will come into force three months after its publication 
  • service members of the AFU who, on the date this law comes into effect, serve in the Military Law Enforcement Service will be appointed to respective positions in the Military Police with their consent (if they meet the requirements). 

What is right: 

  • the decision to liquidate the Military Law Enforcement Service of the AFU is justified. Since it is part of the AFU, its work is aimed not at preventing, detecting, and stopping offenses but at concealing them 
  • the establishment of the Military Police with the necessary powers will have a positive effect on ensuring law enforcement and military discipline within the AFU, Ministry of Defense, and STSS. 

What is wrong: 

  • the provision that during martial law or a state of emergency the MP is managed by the Commander-in-Chief of the AFU contradicts the principles of democratic civilian control and leads to a conflict of interest 
  • the creation of the MP as a body to ensure law enforcement within the AFU, Ministry of Defense, and STSS does not cover the entire security and defense sector. The Military Police will not have any influence on law enforcement and military discipline within the National Guard, Security Service, and State Border Guard Service 
  • the Verkhovna Rada cannot initiate the dismissal of the head of the MP before the Minister of Defense, as it cannot have other powers beyond those established by the Constitution, and the Constitution does not grant it this power 
  • since the Military Police should be a separate state body, it cannot be staffed at the expense or be defined by the number of AFU service members. The maximum size of service members in the MP should be established by law 
  • automatic transfer of the Military Law Enforcement Service personnel to the MP may negatively affect the newly established body. In this case, it is advisable to re-certify the members of the Law Enforcement Service. 

Alternative solution: revise the draft bill before the second reading taking into account the suggestions proposed above. 

How to help the legislator: proposals concerning the draft bill can be sent to the Law Enforcement Committee of the Verkhovna Rada. 

Additional information:  

  • article by Oksana Zabolotna: Why Ukraine needs civilian control over the army