Human rights, or national defense: why Ukrainians avoid mobilization?

Today, 17:09 | The Company 
фото с Обозреватель

I will say right away that this article is my own attempt to look at the problem of mobilization from the position of a social psychologist who examines the obvious conflict in our society, where on one side of the scale lie the responsibilities of citizens of Ukraine of military age, and on the other side lie generally recognized human rights, which, so far, have not been canceled by anyone..

So, as we all know well, as a result of a full-scale invasion by the occupying forces of the Russian Federation, martial law was introduced in Ukraine on February 24, 2022 and general mobilization was declared. Since then, all citizens of military age (mostly men from 25 to 60 years old) are required to register with the military and, if necessary, undergo military service and participate in events related to the defense of the country. Constitution of Ukraine (Art.. 65) directly indicates that the protection of the sovereignty and territorial integrity of Ukraine is the responsibility of citizens undergoing military service. During the period of martial law, the authorities restricted a number of rights: in particular, almost all men of military age were prohibited from traveling abroad in order to provide a reserve for the army.

The following is the text in the original language. To ensure mobility, the state has introduced a criminal record for misconduct in the military service.. Criminal Code of Ukraine (Art.. 336) conveys that a person who is fleeing a call for mobilization may have his freedom reduced for 3 to 5 lines. There is a fallout if the conscript rejects the summons and does not have the legal supplies for the line-up, or simply does not show up at the collection point. Administrative fines have also been transferred for failure to appear at medical commissions or, for this reason, to the military department at the time of mobilization.

In the wake of the large-scale aggression of the Russian Federation, our government has actually slowed down the implementation of the right to alternative (Neviysk) service, which in times of peace was guaranteed, first of all, to people with deep religious connections, as well as those who consider themselves pacifists. Since the law does not regulate the provision of alternative service during the period of military service, TCC workers are encouraged to replace the military service with an alternative (non-military) service. Thus, the constitutional norm about the replacement of military obligations with an alternative one for believers (Art.. 35 of the Constitution of Ukraine) is de facto not valid. . Vlada received the right of access (legal derogation) in accordance with the European Convention on Human Rights (ECHR). Our fundamental rights, such as the right to life, the protection of slavery and slavery, cannot be compromised in the hour of war.. If you don’t respect all the circumstances, if there are painful tension points on certain points of people’s rights, it still doesn’t go into this. Now let's look at the heads of them.

VisnovokThe full-scale war has put Ukraine in front of a dilemma: collective security versus individual rights. On one side, the bonds of the citizens - to serve the Batkivshchyna, to endure dislocation under the hour of mortal threat - are wrapped in the greatest method of survival of the nation. International legal documents - the European Convention on Human Rights, the United Nations Declaration of Human Rights, and other treaties) recognize the right of our country to receive premium calls, including the prize for military service, and exchange transfers, etc.. But here comes another important aspect - those who voluntarily tried to seize Ukraine know: mobilization is unfair. Why are people being mobilized from the poorest faiths of the population, and the children of officials and deputies, most importantly, are being deprived of their lives And who can buy up and grab fake deals, or it’s easy for the “armor tanks” to scratch? Thus, from a legal point of view, Ukraine operates within the limits of what is permissible: it has often limited its rights in due course and does not formally violate the Convention, which is based on military necessity.. However, mobilization itself is deprived of vibration and there may be numerical damage. The first axis of this problem is deprived of its greatest severity. However, a regular analysis shows that Ukrainian legislation on military conscription and international standards of human rights do not lose their direct legal relevance - the Convention allows for more implementation. There is an underlying value and social tension between the two parties. To do this, you will need to untie the necessary deadlines at the right time.. In his memorandum, the Commissioner for Human Rights for Europe, Michael O’Flaherty, said: Ukraine is guilty of introducing “zero tolerance” before the evil in the hour of mobilization. Our government took this to heart, and one of the significant steps was the appearance in us of an Ombudsman for the protection of the rights of military servicemen. All the powers in the future may steadily ensure the humanity and legality of mobilization processes on all levels - to investigate the violations on the side of the TCC, to thoroughly refine the law on alternative service, to rightly confront those who do not. The international community, in its turn, may continue to help Ukraine, understanding our complex formation, remembering the demands in the field of human rights. The commonwealth, on its own side, may be able to control the occurrence of cognition-related disruptions, and to prevail in power, on all levels, insight and respect to the hydration of the skin. The balance between duty and law is always delicate, but in the minds of war, Ukraine is searching for this balance today, because our victory is even more valuable if it is achieved without the destruction of these very rights and freedoms, which is our country,.

Источник: Обозреватель