Mobilization of convicts

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On May 17, 2024, President of Ukraine Volodymyr Zelenskyy signed a law that allows certain categories of convicts to be mobilized into the Armed Forces. This law has caused a mixed reaction in society, so it is important to analyze it thoroughly, weighing the pros and cons.

What does the law on the mobilization of convicts provide for?

Law № 11079-1 amends the Criminal Code and the Code of Administrative Offenses. It gives convicts who have not committed serious crimes the right to be released from serving their sentences early if they agree to join the defense of Ukraine.

Which convicts can be mobilized?

The possibility of mobilization applies to convicts:

1. for minor crimes (e.g., theft, fraud, hooliganism);
2. who have no more than three years left to serve their sentence;
3. who have passed the military medical commission and are recognized as fit for military service;
4. who have no previous convictions for serious crimes (intentional murder, rape, human trafficking, terrorism).

Which convicts cannot be mobilized?

In addition to the above-mentioned categories, the Armed Forces cannot be mobilized:

1. Convicted of serious crimes (premeditated murder, rape, human trafficking, terrorism).
2. Persons sentenced to life imprisonment.
3. Persons recognized as unfit for military service for health reasons.
4. Convicts who have unexpunged or unexpunged convictions for serious crimes.

What rights do mobilized convicts have?

The mobilized convicts have the same rights as other servicemen of the Armed Forces of Ukraine, in particular:

• The right to life and health.
• The right to decent living and working conditions.
• The right to social and legal protection.
• The right to freedom of thought and speech.
• The right to freedom of religion.
• The right to education.
• The right to respect for human dignity.

What benefits do mobilized convicts receive?

• Mobilized convicts are entitled to:
• Exemption from serving their sentence after successful completion of the military service contract.
• Early removal of a criminal record after the end of the contract with military service.
• Payment of financial support, as well as other military personnel of the Armed Forces of Ukraine.
• Receiving medical care.
• Provision of social guarantees in case of injury or death.

Mobilization procedure

A convict who wishes to be released early and join the Armed Forces of Ukraine must submit an application to the state penitentiary service. It is reviewed by the court, military unit and prosecutor. The final decision on mobilization is made by the court.

Benefits of mobilizing prisoners

• Increase the number of the Armed Forces: Ukraine is engaged in a brutal war with Russia and needs to replenish its army. The mobilization of convicts can be one of the sources of such replenishment.
• Reducing the burden on the penitentiary system: Ukraine has overcrowded prisons. Mobilization of convicts can help to relieve them.
• A chance for convicts: For many convicts, mobilization can be a chance for reform, an opportunity to defend their country and start a new life.

Disadvantages of mobilizing prisoners

• Risks to society: There is a risk that some mobilized convicts may commit new crimes while at the front.
• The need for careful selection: It is important to carefully select convicts for mobilization to minimize the risks to society.
• Ethical dilemmas: The mobilization of prisoners raises ethical dilemmas. Some people believe that using prisoners as soldiers is immoral.

Statistics:

1. Number of mobilized persons: According to the official data of the Ministry of Defense of Ukraine, as of May 25, 2024, more than 600 convicts were mobilized into the Armed Forces of Ukraine.
2. Most common crimes: Most of the mobilized convicts are those who served sentences for theft, fraud, and hooliganism.
3. Places of service: Mobilized convicts are sent to assault units where they undergo additional training.

Important! The law on the mobilization of convicts is a new tool that is just beginning to be used.

Conclusion

The law on mobilization of convicts has both positive and negative aspects. It is important that this law is used in a balanced manner, taking into account all possible risks and ethical dilemmas. Only time will tell whether the mobilization of convicts will become an effective tool for strengthening Ukraine’s defense capabilities.

It is worth noting that:

• As of May 25, 2024, the mobilization of convicts in Ukraine is just beginning.
• The exact number of convicts to be mobilized is currently unknown.
• There are many questions about the practical implementation of this law that need clear answers.

To get legal advice on the mobilization of convicts or other military law issues, fill out the form on the website and our lawyer will contact you as soon as possible.