Verkhovna Rada adopts Law ‘On the Military Ombudsman’

The Verkhovna Rada of Ukraine supported Draft Law No. 13266 in its second reading, which provides for the establishment of the institution of the Military Ombudsman.

The purpose of the law is to establish an additional effective mechanism for protecting the rights of service members. It will supplement the existing instruments for the protection of constitutional rights and freedoms, without repealing them or affecting the competence of other state authorities.

“I thank the Members of Parliament of Ukraine for adopting the Law ‘On the Military Ombudsman’ initiated by President Volodymyr Zelenskyy. We are establishing a new, robust institution to safeguard the rights of Ukrainian service members. This marks another step in fulfilling our common key priority – ensuring all the needs of Ukrainian warriors are met. It is a step towards justice, towards strengthening our army, and towards improving the state’s defense capability, underlined Ukraine’s Minister of Defence Denys Shmyhal. 

Key provisions:

• The Military Ombudsman shall be appointed by the President of Ukraine for a five-year term. No individual shall serve in this position for more than two consecutive terms.
• Requirements for candidates: a citizen of Ukraine aged 30 or above, with a master’s degree or higher, of high moral character and impeccable reputation, who has permanently resided in Ukraine for the last five years, is fluent in the state language, and is medically fit to perform the relevant duties.

Functions of the Military Ombudsman:

• Exercising democratic civilian oversight in the security and defense sector with regard to the observance of the rights of service members;
• Analysis of the causes and circumstances that give rise to violations of the rights of service members;
• Formulating proposals for the minimization and elimination of such causes and circumstances;
• Drafting analytical conclusions and recommendations for bodies of military command and administration;

Complaints to the Military Ombudsman may be submitted by service members themselves, as well as by persons authorized by law. Following the review of complaints, the Military Ombudsman or the deputies shall be entitled to initiate inspections. The grounds for inspections may also include submissions by Members of Parliament, reports from the media, or other information, including confidentially obtained data.

The Military Ombudsman shall have the right to request and obtain the necessary information, including information with restricted access. The Military Ombudsman shall be obliged not to disclose information about an applicant’s private life without the applicant’s consent.