A new role of territorial defense and more powers for the Special Operations Forces to organize the resistance movement

16 February 2022
A new role of territorial defense and more powers for the Special Operations Forces to organize the resistance movement
Home > Monitoring > A new role of territorial defense and more powers for the Special Operations Forces to organize the resistance movement

Russia has not recalled its troops from the Ukrainian border, so Ukrainian MPs continue to focus on security and defense. In particular, they propose to grant more powers to territorial defense battalions and the Special Operations Forces. Our digest today is about the strong and weak points of these draft bills submitted to the Parliament.

To grant Territorial Defense Forces the right to carry out missions in combat zones

Draft bill #6521 of January 17, 2022

Cosponsors: 21 MPs from factions Holos, European Solidarity, and Servant of the People.

Status: awaits to be included on the parliamentary agenda.

Who is affected: the Armed Forces of Ukraine, the Commander-in-Chief of the Armed Forces of Ukraine, and the Territorial Defense Forces of the Armed Forces of Ukraine.

Background: in July 2021, the Verkhovna Rada adopted the Law on Foundations of National Resistance. Among other things, it launched the process of organizing the Territorial Defense Forces to provide comprehensive assistance to the state’s defense. According to the law, the Territorial Defense Forces are supposed to operate within territories where they were created and not to be deployed to combat zones.

Summary of the bill:

  • the Territorial Defense Forces will be allowed to operate outside their territorial units and in combat zones

  • the Commander-in-Chief of the Ukrainian Armed Forces will have the authority to decide on whether to move the Territorial Defense Forces into combat zones.

What is right:

  • the bill proposes to boost the Armed Forces of Ukraine in the face of the imminent threat of a Russian invasion

  • adapts regulations on the Territorial Defense Forces to a new security situation by allowing them to operate outside the territorial units of their permanent deployment if needed.

What is wrong:

  • the underlying concept of the Law on the Foundations of the National Resistance was to create a territorial defense. By granting the Territorial Defense Forces the authority to operate outside their territorial units, the Parliament will turn TDF into a reserve for the Armed Forces.

  • changes proposed by the bill can be approved only as a temporary measure justified by the security situation — as one of the tools to prevent the invasion of the Russian Federation into Ukraine.

Alternative solution: to introduce changes proposed by the bill for a limited period only (a year at most).

What’s next:

  • the draft bill will be considered in the Parliament

  • if it is adopted, the Parliament will have to provide the TDF with more vehicles for transportation, weapons, and special equipment. It will be necessary to allocate additional funding from the government budget for the Territorial Defense in 2022.

To grant the Special Operations Forces to conduct intelligence and counterintelligence activities for the resistance movement

Draft bill #6486 of December 29, 2021

Sponsor: Fedir Venislavskyi, Servant of the People faction.

Status: awaits to be included on the parliamentary agenda.

Who is affected: the Special Operations Forces of the Armed Forces of Ukraine, the SSU, the Foreign Intelligence Service, the Chief Directorate of Intelligence of the Ministry of Defense of Ukraine, and the intelligence unit of the State Border Guard Service.

Background: the Law on the Foundations of National Resistance provisions a creation of the resistance movement throughout Ukraine in case of invasion or occupation of the state or a part of its territory. The leading role in organizing the resistance movement will play the Special Operations Forces of the Armed Forces of Ukraine (SOF).

Summary of the bill:

  • the SOF will become a member of the Intelligence Community and get the right to conduct special intelligence activities. These activities include gathering and processing intelligence to assist operations of the Territorial Defense Forces, the resistance movement, and special operations.

  • grants the SOF the authority to conduct counterintelligence activities. With approval from the SSU, the SOF will be allowed to conduct counterintelligence work necessary for preparing special operations and warfare, supporting the resistance movement, and maintaining its own security.

What is right: the Special Operations Forces get a significant boost to be more efficient in performing their tasks.

What is wrong:

  • having both intelligence and counterintelligence powers, the SOF will become a superstructure within the defense and security sectors. Since it will be out of public supervision, there will be a risk of abuse of power and human rights violations

  • the SOF should not have counterintelligence powers since it is a part of the defense, not security

  • in democracies, one agency never has both intelligence and counterintelligence mandate since it leaves too much room for abuse of power

  • draft bill’s title does not correspond to its content. The title implies that it regulates only the resistance movement’s activities. However, its provisions cover also special operations and warfare.

Alternative solution:

  • to coordinate the work of all defense agencies, including the Intelligence Community and Special Operations Forces, in order to provide the resistance movement with intelligence information and counterintelligence support

  • give up the idea to grant the Special Operations Forces counterintelligence powers.