Response to the attempts at annexation, autumn conscript cancellation, and restrictions for MPs from banned parties

Zelensky approved the decision by the National Security and Defense Council on the impossibility of negotiations with Putin and canceled the autumn conscript. Meanwhile, MPs propose restrictions for MPs from the banned parties.

Ukraine’s response to the attempts at annexation 

Presidential decree # 679/2022 of September 30, 2022 

Decision-maker: the President

Who is affected: inhabitants of Ukraine and government bodies

Summary of the decree: the President enacted the National Security and Defense Council’s decision. This decision:

• acknowledges the impossibility of negotiations with the president of the Russian Federation Vladimir Putin
• approves the text of a joint appeal to NATO (probably about Ukraine’s fast-track accession)

• orders the Cabinet to prepare proposals about a multi-level system of security guarantees for Ukraine based on bilateral and multilateral agreements
• orders the Cabinet to ensure the increase of international military and technical assistance supplies to Ukraine
• recommends the Verkhovna Rada to speed up the consideration of draft bills on sanctions and other forms of countering Russian aggression.

What is right: 

• the decree clearly states that Ukraine recognizes the impossibility of negotiations with current Russian authorities

• the decree starts a discussion about Ukraine’s accession to NATO.

What is wrong: 

• the decree violates the Constitution since the President has no authority to give orders to the Cabinet either directly or via NSDC decisions
• the issue of obtaining extra weapons from partners and creating an international system of security guarantees based on bilateral and multilateral agreements is under the mandate of the Ministry of Foreign Affairs and the President, who manages the foreign policy. It is not the responsibility of the Cabinet.

Alternative solution: initiatives about security guarantees and additional military supplies under international technical assistance should be promoted in the international arena by the President, the Ministry of Foreign Affairs, and the Ministry of Defense, not the Cabinet.

Autumn conscript cancellation and demobilization postponement 

Presidential decree # 678/2022 of September 30, 2022 

Decision-maker: the President

Who is affected: persons subject to military service age from 18 to 27 years old who have not served in the army, persons subject to military service who are already in the army, the Armed Forces of Ukraine, and other military units

Summary of the decree: 

• autumn conscript is canceled
• the term of service for enlisted members currently in the army will be prolonged until a decision on demobilization is made.

What is right: 

• enlisted members will not be fighting in active hostilities, so there is no reason to spend already limited material resources and other commodities necessary for training them while the war continues
• the term of service prolongation for enlisted members already in the army is in line with the law and allows to ensure that guard duties and logistics will be performed by units composed of enlisted service members without additional spending on their training.

Restrictions for MPs from banned political parties 

Draft bill # 8089 of September 29, 2022 

Cosponsors: a group of 18 MPs from the factions European Solidarity (16), Holos (1), and Batkivshchyna (1)

Status: included on the parliamentary agenda

Who is affected: Ukrainian citizens, MPs, councilors of village, rural settlement, city, raion, and oblast councils, the Verkhovna Rada, village, rural settlement, city, raion, and oblast councils

Summary of the bill: 

• if a political party that nominated the MP is banned, this MP will not be allowed to attend plenary meetings and parliamentary hearings, to work in committees, temporary special commissions, and parliamentary factions, and submit MP’s requests or appeals
• MPs from the banned parties will lose their positions as heads, deputy heads, and secretaries of parliamentary committees, will not be eligible for positions of the Speaker or Deputy Speaker of the Verkhovna Rada, and will not be allowed to become members of parliamentary factions or official delegations

• local councilors nominated by the parties that were banned by the court’s decision or became members of factions of such parties will be dismissed.

What is wrong: 

• the bill violates the Constitution:

1. MPs will be unable to perform their constitutional duties
2. all party members are made collectively responsible for the activities of the party

• there is a risk that the Verkhovna Rada and local councils will be unable to work if the work of a significant part of MPs is blocked or too many local councilors are dismissed. Under martial law, no elections will be held
• MPs from the banned parties will be fully removed from working in the Parliament but will continue to get their salaries and other payments from the state.

Alternative solution: to investigate and prosecute MPs and local councilors if their actions justify investigation and prosecution.