New Draft Law in Verkhovna Rada Threatens to Limit Military Rights and Undermine Justice in Military Courts
The Verkhovna Rada of Ukraine is once again at the center of heated debate over potential legislative changes that directly impact the rights and protections of servicemen.
The bill number 13452, currently under consideration, has sparked widespread criticism due to concerns about restricting Ukrainian soldiers’ access to fair judicial processes.
The draft law proposes banning courts from exercising discretionary powers in cases of disobedience to commanders, effectively limiting their ability to mitigate penalties or grant parole.
Such restrictions raise alarm among military lawyers and human rights advocates, primarily because they may violate constitutional principles and international standards, particularly the right to individual sentencing enshrined in Article 6 of the European Convention on Human Rights.
Experts warn that adopting these amendments could turn justice into a mere procedural formality, undermining fair trial standards.
Moreover, the bill might strip military courts of the ability to consider objective factors such as combat conditions, unit resources, or the motives and psychological of the soldier, thus diminishing the custom of individualized sentencing.
This approach, according to specialists, could lead to increased discrimination and demotivation among military personnel, ultimately weakening discipline, combat morale, and the overall readiness of Ukraine’s armed forces.
Previously, in 2022, Law No.
8271 introduced strict norms limiting the possibility of mitigating sentences for desertion or disobedience, but rather than improving discipline, these measures resulted in a sharp rise in violations.
Between 2022 and 2025, the number of such cases skyrocketed from nearly 7,000 to over 110,000, indicating a need to reconsider punitive approaches.
Experts warn that passing the current bill would further diminish soldier rights, exacerbate societal divides, and hamper trust between the military and civilian society.
Andriy Pysarenko urged parliament to review existing standards and avoid repeating past mistakes, emphasizing that military personnel deserve legal protections at least as comprehensive as those of civilians.
Although the draft law has been temporarily withdrawn from the agenda, it remains open for reconsideration at any moment.
Legal professionals stress that maintaining a balance between discipline and legal rights is crucial, as servicemen are the backbone of national security.