Draft bill #10313 of December 4, 2023
Cosponsors: a group of 26 MPs from the factions Servant of the People, European Solidarity, and Batkivshchyna and Platform for Life and Peace group with Davyd Arakhamiia as the first signatory
Status: adopted in the second reading
Who is affected: service members, persons subject to military service, reservists, their families, military chaplains, police officers, military medical commissions, and the Accounting Chamber
Summary:
The provisions added to the bill after the first reading are highlighted in italics
- the law on the social and legal status of service members will apply also to state security agencies performing law enforcement functions, the Foreign Intelligence Service of Ukraine, and the Main Intelligence Directorate of the Ministry of Defense of Ukraine
- service members, reservists, and persons subject to military service called up for training and special meetings will receive additional provisions of food, clothes, etc. The additional provisions will be delivered taking into account the needs of female and male service members
- service members will have a five-day working week with two days off
- service members will have an extra one-time paid leave following the birth of a child
- access of service members to healthcare and medical aid will be extended:
- total time of continuous treatment and sick leave will be up to 12 consecutive months. Examinations by military medical commissions regarding the need for long-term treatment will be carried out within four months from the moment the treatment starts. Within this period, the service member will have to undergo a medical examination to evaluate their fitness for military service
- service members, persons subject to military service, and reservists will have the right to free medical care at military, state, and municipal medical establishments. Annual medical examinations will be mandatory
- service members who have participated in combat operations will have the right to free psychological assistance. It will provided by and at the expense of the psychological services of military units, and if necessary, by specialized establishments that provide such assistance
- service members who suffered captivity after their release will receive restorative (post-isolation, reintegration) assistance, as well as adaptation assistance and support
- singe service members — both female and male — who raise a child will be relieved from performing their duties to take care of a sick child under 14 years old for up to 14 days (medical conclusion required). If the child is hospitalized, the parent will be able to take a leave for the entire period of treatment
- conscripted service members who are dismissed after the end of their term will be paid financial compensation in the year of dismissal for all unused vacation days
- state, municipal, and private enterprises, establishments, and organizations, including banks and private individuals, will not be allowed to charge the accrual of interest on loans or impose penalties for non-fulfillment of obligations on the following citizens (does not apply to mortgage and vehicle loans):
- service members mobilized during martial law — for the entire period of their service
- service members who participated or are participating in the Anti-Terrorist Operation or combat operations
- families of service members who died during martial law will receive a one-time financial assistance. The precise amount will be set by the Cabinet of Ministers, but it will be not less than 15 million UAH
- the preferential formula for calculating the years of service pension allowance will be applied taking into account:
- participation in combat operations in wartime or during martial law
- service in the ATO
- service in the military reserve during the ATO or martial law
- participation in combat operations — one month of service will count for three months
- the bill addresses the issues of sexual harassment and discrimination based on sex in the military
- service members who are members of religious organizations affiliated with the aggressor state will not be allowed to be military chaplains
- heads and members of medical advisory commissions will be exempted from the mandatory asset disclosure, provided they do not hold other positions that entail the mandatory asset disclosure
- the concept of “partial fitness” for military service will be excluded
- the Accounting Chamber will be granted the power to conduct compliance audits: check the legality, timeliness, and completeness of management decisions, the compliance of the audited entities with the law and best practices in the relevant field
- Ukrainian citizens previously recognized as partially fit for military service will have to undergo a re-examination to determine their fitness for military service within nine months after this law comes into effect.
What is right:
- service members will get better social security
- service members will have more time for treatment, including treatment abroad
- single service members will be able to take care of their sick children
- a clear formula for calculating years of service pension preferential allowance is provided
- the bill addresses violations related to gender-based discrimination and sexual harassment in the military
- representatives of religious organizations affiliated with the aggressor state will not be military chaplains.
What is wrong:
- removal of the “partial fitness” status does not comply with the principle of legal certainty
- exemption of heads and members of medical advisory commissions from mandatory asset disclosure facilitates corruption risks
- amendments to the law on the Accounting Chamber are a half-measure and will not ensure proper compliance audits. Also, these amendments have nothing to do with the social security for service members.
Additional information: MPs Yuliia Tymoshenko and Heorhii Mazurashu submitted resolutions to annul the vote for this bill.
Alternative solution: to annul the vote, amend the shortcomings of the bill, and once more adopt it in the second reading.