Verkhovna Rada boosts the defensive capacity of the state

Even during the Russian aggression, Ukrainian MPs continue to work and adopt important draft bills. The Verkhovna Rada has increased defense spending and granted combat immunity for all defenders of Ukraine. Meanwhile, the President extended martial law for 30 more days.

Extension of martial law

Draft bill # 7168 of March 14, 2022

Sponsor: the President

Status: adopted as a law

Who is affected: Ukrainian citizens, the Armed Forces of Ukraine and other military units, law enforcement agencies, government bodies, and local governments

Background: on February 24, 2022, Russia started a full-scale aggressive war against Ukraine. One of the decisions made by Ukrainian authorities to counter the invasion was to immediately declare martial law for a month starting from February 24, 2022.

Summary of the bill:

• extends martial law on the territory of Ukraine for 30 days starting from March 26, 2022

• orders the Ministry of Foreign Affairs to inform the UN Secretary-General and foreign officials about the extension of martial law.

What is right:

• martial law extension is necessary to counter the armed aggression of the Russian Federation against Ukraine

• ensures that government bodies, local governments, military units, law enforcement agencies, national economy, and civil defense will continue working under martial law. The special regime is of crucial importance for the proper functioning of the state and the survival of the population in times of war.

Combat immunity for defenders of the motherland

Draft bill # 7145 of March 13, 2022

Cosponsors: a group of 14 MPs with Serhii Ionushas as the first signatory

Status: adopted as a law

Who is affected: the Armed Forces and other military units, law enforcement agencies, persons that voluntarily participate in defending Ukraine, prosecutors, and courts

Summary of the bill:

• grants the right to defend the motherland with arms to every civilian, even if the person could have joined the Armed Forces instead of acting alone

• exempts defenders of Ukraine from criminal liability for using firearms, explosives, or ammunition against persons participating in the armed aggression against Ukraine

• exempts defenders of Ukraine from criminal liability for killing or wounding the enemy, dealing damage to property of individuals or legal entities if such actions were committed as a part of the defense against the armed aggression of the Russian Federation and there were no torture or other violations of the rules and customs of war

• exempts army command, service members, law enforcement officers, and volunteers from liability for the following losses:

  • personnel losses

  • losses of equipment and other military assets

  • damage resulting from using armament in the course of combat with the aggressor

under conditions that:

• • such losses could not have been foreseen during planning or action

  • the risk taken was justified and there were no violations of the rules and customs of war

• obliges service members and police officers to know and comply with the norms of international humanitarian law

• exempts from liability persons occupying political positions, civil servants, local government officials, heads of companies, organizations, and enterprises of state economy for negative consequences resulting from taking justified risks and facing risks they were unable to predict.

What is right:

• updates criminal law in accordance with wartime requirements

• ensures that military command, leaders of law enforcement agencies, government bodies, and local governments have freedom of action necessary in times of war

• ensures that every citizen can exercise the constitutional right to defend the motherland

• ensures compliance with the norms of international humanitarian law and the customs of war, guarantees the inadmissibility of torture.

More defense spending from the government budget

Draft bill # 7167 of March 14, 2022

Sponsor: MP Yurii Kuzbyt.

Status: adopted as a law

Who is affected: the Armed Forces of Ukraine and other military units, law enforcement agencies, persons that voluntarily participate in defending Ukraine.

Summary of the bill:

• increases defense spending from government budget by ₴67.6 bln

• allocates funding for procuring, repairing, and modernization of armament, military and specialized machinery necessary for defending Ukraine

• funding for the extra spending will be provided by reallocating money provided under the credit agreement with the United Kingdom initially aimed at developing the Ukrainian Navy.

What is right:

• additional funding for procuring armament, military and specialized equipment is necessary in times of war

• reallocation of funding from the Navy to other needs of defense is justified under the current military developments when Ukraine cannot achieve a maritime parity in the nearest future: procurement and construction of warships and galleys have no practical sense at the moment.