The proposed legislation is a significant step in ensuring civilian oversight of the defense sector while remaining firmly within the authority of the Supreme Commander-in-Chief, the President of Ukraine.
What the Draft Law Provides
Institutional Placement
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Vertical of the Supreme Commander-in-Chief:
The draft law dictates that the military ombudsman will continue to be directly subordinate to the President. This means that the institution of the Commissioner for the Protection of Servicemen will remain under the control of the Supreme Commander-in-Chief, ensuring alignment with national security priorities.
Role and Functions
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Auxiliary Democratic Control:
The law is designed to create an auxiliary body that supports the President by exercising civilian democratic oversight over the entire security sector. This oversight extends beyond the Armed Forces to include the National Guard, State Border Service, SBU, the Foreign Intelligence Service, and other military-related entities. -
Monitoring and Coordination:
The Commissioner will be responsible for monitoring the work of military commanders and state bodies. Key functions include:-
Coordinating actions among various governmental agencies.
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Processing and verifying complaints from servicemen and their families.
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Preparing detailed reports and recommendations for the President.
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Systematic Complaint Handling:
The draft law establishes a clear algorithm for handling complaints. This includes specific provisions for:-
Determining the admissibility of complaints.
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Conducting thorough verification processes.
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Outlining subsequent actions based on the outcomes of these verifications.
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Staffing and Operational Capacity
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Building a Dedicated Team:
Currently, the Commissioner for the Protection of the Rights of Servicemen, Olga Reshetylova, has been operating largely on her own with minimal support. The new law aims to address this by providing a structured framework to expand the team, ensuring that there is adequate staffing to engage directly with troops and attend meetings, rather than relying solely on ad hoc support.
Challenges Under Martial Law
Human rights activist and current military ombudsman Olga Reshetylova explained that, under the existing martial law conditions, it is nearly impossible to establish a completely independent oversight body. Constitutional changes required for full independence are not feasible during wartime. Consequently, the draft law was drafted with the understanding that the Commissioner would serve as an adjunct to the Supreme Commander-in-Chief, rather than as an independent entity.
Expert Insights and Discussions
Olga Reshetylova emphasized that the preparation of the draft law involved extensive consultations with legal experts, officials from the President’s Office, representatives of public organizations, and other specialists. These discussions were crucial to ensure that the law:
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Complies with the Constitution:
The legal text was carefully crafted to meet constitutional requirements while maximizing the efficacy of the institution. -
Balances Oversight and Security Needs:
It provides the military ombudsman with sufficient authority to perform essential duties without disrupting the chain of command or compromising national security.
Moving Forward
With public discussions already underway, the draft law on the military ombudsman is expected to set new standards for civilian oversight within Ukraine's security apparatus. If adopted, it will:
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Enhance the ability of the state to monitor and address systemic issues within the military.
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Provide clearer, more efficient channels for servicemen and their families to file and resolve complaints.
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Strengthen the accountability of military and state institutions by integrating a defined and transparent process for oversight.
Conclusion
The draft law on the military ombudsman represents a critical development in Ukraine’s effort to safeguard the rights of its military personnel while ensuring that civil oversight is maintained. By anchoring the institution within the authority of the Supreme Commander-in-Chief and providing a robust framework for monitoring and complaint resolution, the law seeks to balance effective defense management with democratic accountability.
As Ukraine continues to navigate the challenges of wartime governance, this initiative is poised to become an essential tool in promoting transparency, justice, and improved working conditions for servicemen and their families.
