Extension of martial law, presidential power to dismiss MPs, and strengthening of the state economy

Recently Ukrainian MPs submitted draft bills proposing the following: to denaturalize citizens who are refusing to be drafted, to extend martial law, and to grant the President the authority to “dismiss” members of the parliament.

Extension of martial law and mobilization

Draft bills # 7389 and # 7390 of May 18, 2022

Sponsor: the President.

Who is affected: Ukrainian and foreign citizens, businesses, Ukrainian citizens subject to military service, service members, government bodies, and local governments.

Summary of the bill: martial law and general mobilization will be extended by 90 days, until August 23.

Why this is important: Russian war against Ukraine goes on. Despite victories achieved by the Armed Forces and other military units of Ukraine, the aggressor is still on the offensive. To fight off Russian attacks, Ukraine has no other choice but to extend martial law and maintain general mobilization.

What’s next: MPs will vote on presidential decrees during the nearest parliamentary meeting. If they fail to approve them, martial law and general mobilization will end.

To know more about martial law, restrictions for citizens and businesses it implies, and what to do/not to do while martial law is declared, read our article How martial law works and how to behave while it is in force?

Right for the President to dismiss MPs and mayors

Draft bill # 7362 of May 10, 2022

Cosponsors: a group of MPs from For the Future group and Servant of the People faction with Taras Batenko (For the Future group) as the first signatory.

Who is affected: Ukrainian citizens, MPs, and local councilors.

Summary of the bill: while martial law is in effect, the President will be able to suspend MPs, local councilors, and community heads. It will be possible only at the request of the National Security and Defense Council and only if these MPs, local councilors, or community heads:

• • were nominated by parties that were suspended

  • are members of factions of parties that were suspended.

What is wrong:

• the bill extends the authority of the President in violation of the Constitution. The Constitution is not canceled by martial law and contains no provisions allowing to extend the presidential mandate in ways proposed by the bill

• there is a risk of excessive concentration of power in the hands of the President that can be used against the Parliament and local governments. Even under martial law, Ukraine is still a democracy and a lawful state

• the work of local governments can be paralyzed for local councils that will lack enough councilors to be able to adopt decisions.

Alternative solution:

• MPs, local councilors, and community heads should be held responsible for their wrongdoings, not for membership or affiliation with some political parties. For example, Oleksandr Vilkul, a former MP from the Party of Regions and Opposition Block, despite his controversial views and position, currently is the head of the military administration of Kryvyi Rih and publicly refused to support the occupants.

Strengthening of the economy and defense capabilities of the state

Draft bill # 7381 of May 17, 2022

Cosponsors: a group of MPs from the Servant of the People faction with Heorhii Mazurashu as the first signatory.

Who is affected: Ukrainian citizens, service members, businesses, and recruitment offices of the Armed Forces of Ukraine.

Summary of the bill:

• forbids to forcibly expropriate a car under martial law if one of the following conditions apply:

  • it is the only car owned by a citizen or a family

  • it is used for entrepreneurial activities

  • it is used for transporting humanitarian aid

• provisions that citizens are obliged to quarter military members only if the total housing space of their accommodation is over 21 square meters per each registered or de facto living person plus 10 additional square meters per family

• allows mobilizing citizens only with their written consent to voluntarily defend the Motherland

• proposes to denaturalize the following persons:

  • those who move to the aggressor state while martial law is in force

  • citizens subject to military service who had departed from Ukraine and have not returned within 30 days without a legitimate reason

  • submitted a written denial to be drafted

• forbids to mobilize the following persons:

  • employees of defense and agricultural sectors, other official employees of working enterprises

  • officially registered entrepreneurs

  • persons officially engaged in volunteering — helping the Armed Forces of Ukraine or persons affected by the aggression

  • persons who officially transport humanitarian aid.

What is right:

• the draft bill protects property critically important to citizens and enterprises

• motivates people to engage in volunteering officially.

What is wrong:

• a proposal to denaturalize Ukrainian citizens violates two fundamental principles:

  • It is an ex post facto law. The Constitution defines that normative acts cannot be applied retrospectively unless they lift or alleviate the punishment. Also, a person cannot be held responsible for an action that was not defined by law as a violation during the time it was committed

  • a state cannot denaturalize a person that got their citizenship by birthright

• a proposal to denaturalize Ukrainian citizens that moved to the aggressor country will affect people that were taken to Russia by force. According to Ombudsperson Ludmyla Denisova, by now 1 mln 185 thousand persons were forcibly deported to Russia.