The Ukrainian parliament, Verkhovna Rada, passed a bill on Wednesday that will potentially allow certain convicts to enlist in the army and hence become eligible for conditional release from serving their sentences. The bill awaits President Zelensky’s signature to become law, said MP Yaroslav Zheleznyak.
The newly passed law, Draft law 11079-1, proposes amendments to the Criminal, Criminal Procedure, Criminal Executive Codes of Ukraine, and other laws. Its central focus is the introduction of conditional release from prison for direct participation in defending the country, protecting its independence, and territorial integrity. On March 28, the parliament received this bill, which was amended before its upholding in the first reading by 279 MPs.
Following its signature, the Criminal Code of Ukraine, regulated by Articles 81 and 336, will include two new items: Articles 81-1 and 336-2. These articles touch upon issues of conditional release from serving a sentence and evasion of military service respectively.
The details provided by the Ukrainian MP OlenaShulyak revealed some of the key aspects of this draft law, including the stipulation that this parole for convicts, is applicable only through a court’s decision. It must also be voluntary on the part of the prisoner and comes with the consent of the commander of the military unit, ensuring adherence to the physical and mental health requirements for service in the Armed Forces of Ukraine. The legislation also dictates that convicts with a prison term of over three years will serve in special units post-release and will be under the administrative supervision of the military unit’s commander to which they are assigned.
However, notable exceptions prevent certain categories of convicts from mobilizing. These include individuals convicted for crimes against Ukraine’s national security, intentional murder (including cases combined with rape), sexual violence, and attempts to kill law enforcement officers, among others.
Despite the strategic utility it might provide, the draft law has also faced criticism from Ukrainian NGOs, specifically the Anti Corruption Action Centre. The Centre’s main grouse is that the law does not preempt the involvement of officials from the Presidential Office, heads of state-owned enterprises, investigators, prosecutors, and judges.
The legislation, controversial as it may be, is a part of the larger mobilization policy that Ukraine is pursuing amidst Russia’s ongoing invasion. This follows similar measures, such as the recent revision of military mobilization rules, aimed at bolstering the ranks of the Ukrainian army.