Human rights in Ukraine 2011. XXV. THE RIGHTS OF THE SERVICEPERSONS
1. Some general problems
There were no radical positive transformations of the Armed Forces and other military units in 2011. Neither military service nor the quality and ensuring of the rights and freedoms of servicepersons underwent significant changes. We observe that the powers that be hardly pay attention to well-founded proposals intended to improve legislation designed to ameliorate the legal status of servicepersons. In particular, this is confirmed, by the fact that the recommendations of the human rights organizations report “Human Rights in Ukraine: 2009–2010” were not accounted for. Therefore, these recommendations remain topical.
On the face of it, given the fact that Ukraine proclaims itself a XXV. THE RIGHTS OF THE SERVICEPERSONSconstitutional state, it must take all measures to fulfill the requirements of its own Constitution. In the context of the analyzed problems, we give main consideration to Article 17 of the Basic Law, which clearly determines that the defense of Ukraine and the protection of its sovereignty, territorial integrity and inviolability are entrusted to the Armed Forces of Ukraine (part 2), while the state provides social protection of citizens of Ukraine who serve in the Armed Forces of Ukraine and other military formations, as well as their families (part 5).
The logic of these standards indicates that Ukraine as a sovereign and independent state undertakes a commitment to consider the defense, sovereignty and territorial integrity as a priority and places the responsibility on the Armed Forces of Ukraine for their ensuring; in order to guarantee the appropriate level of service and proper carrying out of their constitutional tasks the befitting social protection of servicepersons is introduced. Moreover, given that by virtue of the principle of equality (Article 24 of the Constitution), under which a person is recognized in Ukraine as the highest social value, will apply to servicepersons as well. However, as practice shows, the state’s attitude to these important constitutional provisions, including the twentieth year of national independence, has failed to take shape.
First of all we should pay attention to troop cutback policy in Ukraine. The fact is that despite the rapid development of technology, emergence of modern weapons, automation and robotization of different types of work, the servicepersons will go on occupying the central place in the military organization of any country. Therefore the radical reduction biases to the worse both the efficacy of the Armed Forces, and social stability in Ukraine.
Thus, according to the Law of Ukraine “On the Strength of the Armed Forces of Ukraine for 2005” the Verkhovna Rada of Ukraine in accordance with its constitutional authority approved the total strength of the Armed Forces of Ukraine as of 30 December 2005 as 245,000 persons including 180,000 servicepersons, according to the law of Ukraine “ On the Strength of the Armed Forces of Ukraine for 2006” as up to 221,000 persons, including 165,000 servicepersons, according to the Law of Ukraine” On the Strength of the Armed Forces of Ukraine for 2007” the Verkhovna Rada approved the total of 200,000 people, including 152,000 servicepersons, and the Law of Ukraine “On the Armed Forces of Ukraine for 2008” established the strength of the Armed Forces of Ukraine on December 31, 2008 up to 191,000 persons, including 148,000 servicepersons. As regards this year, according to the Law of Ukraine “On the Strength of the Armed Forces of Ukraine for 2011” dated May 12, 2011, No. 3312-VI the strength of the Armed Forces of Ukraine as of 31 December 2011 amounts to 192,000 people, including 144,000 servicepersons. In 2012, they are going to proceed with cutting the strength of the Armed Forces of Ukraine down to 139,000 persons. It should be noted that the President of Ukraine has already signed the Law of Ukraine No. 3742-VI
“On the Strength of the Armed Forces of Ukraine for 2012”, according to which the further cutback will make 8000 persons in 2012, including 5,000 servicepersons.
In this context, it should be noted that current strength of the Armed Forces of Ukraine is far below the number of law enforcement officers (about 295,000 persons, according to official data). Certainly, nobody questions the fact that the proportion must be in favor of the Armed Forces of Ukraine and not the militia (there are apparent staffing shortages especially in operational units, investigation officers in law enforcement agencies, not all positions of district inspectors are staffed, etc.). These figures only show that against the background of so many law enforcement officers they should not radically cut the strength of the Armed Forces of Ukraine. This indicates the existence of risk to increase social tension, emigration of retired servicepersons, enlisting for illegal armed formations, loss of prestige of military service, instability in military communities, inability to perform complex tasks vested in them. Furthermore, this ratio may also affect the authority of the state as a whole.
Naturally, the military service is a very complex process involving a whole set of different actions and necessary conditions. They make for the maintenance of military units in order and military discipline, morale of servicepersons, training exercises and rising combat skills and professionalism, providing security, including the preservation and building of personnel’s health, crime prevention and other important steps taken by the state, command, and individual servicepersons.
However, not all measures are taken properly and achieve a positive result, which negatively affects the process of military service and fulfillment of assigned tasks. The most adverse circumstances are as follows: acts of harassment among servicepersons, humiliation, improper forthputting, as well as insufficient funding of military organization, which adversely affects the provision of social protection and the rights and freedoms of servicepersons, battle exercises and improvement of their professional skills to name a few. All these aspects are significant not only in the context of ensuring the combat readiness of the Armed Forces of Ukraine and other military formations, but also the rights and freedoms of servicepersons, social stability in 2011 and for many years to come.
Presently the major problem of Ukrainian military organization consists in the fact that no real steps are taken to proceed to exclusively contractual military service. The feasibility of rapid transition to contractual military service was included into our previous report “Rights of People in Ukraine: 2009–2010”. Despite the declaration of intentions in this direction, the state fails to take real and effective steps. In October-November 2011, the regulation of the Cabinet of Ministers of Ukraine No. 818 of August 3, 2011 determined the number of draftees as 26,600, and recruitment cost as $1,715,700. According to the explanatory note to the said regulation, the amount of recruitment cost per 1 draftee makes Hr 64.50 (excluding allowances for meals and transportation of recruits).
However, the issue of financing of the Armed Forces of Ukraine in general, backing of social protection of servicepersons looks almost critical. The Law of Ukraine “On the State Budget of Ukraine for 2011” of 23 December 2010 No. 2857-VI allots UAH 214,000 for the upkeep of military leadership and management of the Armed Forces of Ukraine, Hr 9 mln. for the upkeep of the contingent of the Armed Forces of Ukraine, UAH 148,000 for communication, creation and development of command posts and automated control systems, UAH 900,000 for medical treatment, rehabilitation and sanatorium-and-spa treatment of the contingent, UAH 10,000 for mobilization and recruitment to the Armed Forces Ukraine and other military formations, Hr 313,000 for reformation and development of the Armed Forces of Ukraine,UAH 570,000 for purchasing and upgrading of weapons and military equipment for the Armed Forces of Ukraine, UAH 535,000 for housing development (purchase) for servicepersons of the Armed Forces of Ukraine, UAH 62,000 for working-life and fire-and-explosibility control at arsenals, bases and depots of arms, missiles and ammunition of the Armed Forces of Ukraine. These estimates bring out systemic problems in the Ukrainian army, lack of funds for army reformation and crisis management.
2. The problem of the acts of harassment among servicepersons
is a gross violation of human rights of servicepersons
and undermining of fighting efficiency of military units
The acts of harassment among servicepersons humiliating servicepersons, infringing on the order of subordination and violating military ethics and courtesy are the most dangerous phenomena which significantly affect fighting and operating efficiency of military units, ensuring of rights and freedoms of servicepersons, as well as social stability. As a result the servicepersons lose motivation for military service and quality performance of their duties, which, of course, affects the unit, where they undergo military service.
This undermines discipline, morale and ability of a unit to carry out a task. As a result, it falls out of military formations assigned to ensure national security of Ukraine. Many authors rightly indicate that the violation of statutory rules of conduct undermines the unity and team-spirit triggering formation of conflicting microgroups, which complicates management. In many cases they lead to violations of daily routine, failure to carry out tasks and frustration of other plans. If the victim is on duty, violence against him can lead to other dangerous consequences.
Moreover, abuse of a serviceperson, his humiliation, systematic beatings, other kinds of violence demoralize his/her personality, affects not only his/her further service and his/her life upon discharge from the army, as well as use of such “methods” to educate other people. Many young people have passed through the harassment “school”, returned to civic life with criminalized or victimized consciousness or with persistent criminal patterns of communication, create substantial layer of criminal social relations, bringing elements of “organized violence” to their families and environment, bringing up their children with “negative experience” in mind.
This problem needs special attention, because quite a large number of such servicepersons after their discharge from the Armed Forces or other military formations go to work for the internal affairs ministry transferring “the acquired knowledge, skills and abilities” into the field of law enforcement. Both practice and monitoring of harassment in the law enforcement agencies testify that the situation in this area is critical.
The members of the Kharkiv Oblast Union of Servicepersons’ Mothers, in their turn, believe that “young men become convinced after army that if you were humiliated and even beaten, then you can normally behave along these lines. They transfer this confidence into their civilian environment at work, relationships with friends, and family.” All this can be considered as additional threat to Ukraine’s national security (security of person, society, and state) triggered by improper organization of military service.
Moreover, this situation distorts legal consciousness, loss of confidence in law, order and legality, and ultimately it undermines the authority of military forces and government in general, reduces respect for it. Therefore they miss the purpose of recruitment: preparing to defend his/her Motherland (Part 2 of Article 1 of the Law of Ukraine “On Military Duty and Military Service”).
The thing is that a citizen seeing service under such conditions, although s/he masters certain skills, will find it difficult to associate the state with the Fatherland, because during the period of service it failed to created for such a citizen not only appropriate but also elementary safe conditions for her/his life and health. Due to a given reason, such citizen is unlikely to deliberately go, if necessary, to defend this country, and will do it only under threat of punishment (Article 336 of the Criminal Code of Ukraine “Avoidance of mobilization”) and without full commitment of efforts. Thus, bullying negatively affects the motivation of servicepersons, significantly degrades the functionality of military units and military formations, and distorts the social nature of military service. In addition, according to criminologists, these crimes are constantly changing and becoming more cynical, which leads to an increase of combat losses.
For example, the judge advocate’s office in Simferopol garrison in July 2011, during the procurator’s inspection of servicepersons’ life-and-health protection in one unit of the Ministry of Defense of Ukraine deployed in the Autonomous Republic of Crimea, found numerous cases of harassing incidents among servicepersons. In two cases proceedings were instituted according to paragraph 2 of Article 424 of the Criminal Code of Ukraine. In the first case the junior sergeant harassed and beat a subordinate serviceperson for refusing to bring two bottles of beer, and in another case the junior sergeant, wanting to demonstrate his physical superiority and advantage of his official position, repeatedly beat three subordinate servicepersons. Unfortunately, in practice, in the Ukrainian army such cases remain mostly latent, no proceedings are instituted, no investigations conducted, guilty persons remain unpunished, and faults are never redressed. While rare criminal proceedings show the glaring cynicism of such crimes.
The danger of harassment among military and systematic humiliation of servicepersons goes up due to the fact that on duty these persons are constantly exposed to danger, including their own lives and health, because it’s in the very nature of military service.
In this case, the state must create all conditions to eliminate all out-of-service dangers, and the rights and freedoms are properly guaranteed. This obligation of the state should be considered absolute, because if under risks associated with military service the serviceperson will harassed with implication of additional dangers, s/he will not attend to her/his duty, while trying the darndest to protect their lives and health.
3. Increasing combat skill, level of training
and professionalism of servicepersons as an important line of respect
for their constitutional rights
Another very important aspect of proper military service and protection of rights and freedoms of servicepersons consists in permanent increase of combat skill, level of training and professionalism of servicepersons. These problems fully apply to human rights of servicepersons, firstly, because the Constitution guarantees the right to development of individual serviceperson (Article 23 of the Constitution) and to education (Article 53 of the Basic Law) and, secondly, it allows servicepersons to master skills to carry out military duty with maximum guarantees for their lives and health, because while on duty s/he may need to use sophisticated weapons and equipment in a dangerous situation. Weapons mastery, keeping them serviceable, clean and ready for use is the responsibility of every serviceperson and a guarantee of fulfilling their duty and protection of their lives and health. The ILO Recommendation concerning vocational guidance and training in human resources development from June 23, 1975 No. 150 draws particular attention to this problem. Specifically, it states that policies and programs of vocational guidance and training should be designed to protect workers from hazards in the workplace through high-level instruction in the rules of safety and occupational health as part of any profession or trade. Unfortunately, domestic legislation pays no attention to this aspect. Therefore, the ILO recommendations containing provisions to protect contingent from danger in their branch through high-level instruction in the rules of safe handling and use of military equipment, weapons, as well as safety and hygiene as a part of military training in any profession or trade should be included into the laws of Ukraine “On the Armed Forces of Ukraine”, “On Military Duty and Military Service”, “On social and legal protection of servicepersons and their families,” and the Regulations of the Armed Forces of Ukraine.
To achieve the above goal the servicepersons should be trained in skillful use of military equipment, weapons, etc. as well as ways to improve their combat skills and professionalism, organize and conduct military training, advance in education and training, because one cannot obtain knowledge once and for all. The importance and specificity of such training require significant resources, which are always scanty.
For example, during the judge-advocate’s-office control checks of sufficiency in relation to the Constitution and laws of Ukraine on combat efficiency and combat readiness of military units of the Air Force of Ukraine there emerge serious violations of the law stemming from inadequate financial and logistical supply and from irresponsible attitude to their duties on the part of servicepersons. There are only 32% of serviceable aircraft in the Air Force of Ukraine; in some military units this figure is even less. In addition, the combat training quality is of special concern because of the lack of necessary practical flights. In these units 23% and 5% of crews are ready to carry out combat missions under daylight and night conditions under simple weather conditions, under intricate meteorological conditions 10% and 5%, and under reduced visibility only 1% and 0.5%. No better is the situation in other formations. Unfortunately, as things go, there is almost no change for the better in this area.
Both training and combat efficiency drills are underfunded; besides, the combat efficiency is frustrated by the use of military equipment and personnel to perform various jobs that have nothing to do both with combat training and duties of military units. There are many episodes when commanders conclude agreements with various individuals and private businesspersons, according to which the enlisted persons perform various contract works (loading / unloading, waste disposal, land development, repair of buildings, apartments, etc.). Sometimes commanders at various levels use enlisted persons as unskilled labor for their own benefit. It happens that military officials use assigned vehicles for purposes not related to military service. This significantly demoralizes contingent, undermines military effectiveness and readiness of military units, violates the rights and freedoms of servicepersons, because vehicles and other resources are used for private purposes, and servicepersons are distracted from the tasks assigned to their units.
For example, in 2007, as a result of inspections for compliance of military officials with the Law of Ukraine “On Corruption Control” the judge advocate’s offices prepared and sent to court 259 protocols on corruption of military officials. The vast majority of these violations consisted in the use by commanders of subordinate enlisted persons for out-of-duty purposes and for their own personal benefit. In addition, the judge advocate’s office sent to the court over 1,000 criminal cases with a guilty verdict, including over 300 cases related to economy crimes and bribery.
However, such statistics only partially reflects the real state of things, because quite a large number of such crimes and corruption are not detected by law enforcers. Not all violations are reflected in official statistics (remain latent). And the data obtained for analysis are only partial and are often related to the level of conviction, and not the level of criminality. However, according to criminologists, even the level of criminal record for committing service crimes remains dangerously high, and in relative terms is growing. Such crimes significantly undermine combat effectiveness of troops and significantly reduce the credibility and confidence in the military service in the eyes of society and servicepersons themselves, which damages the process of service and observance of rights and freedoms of servicepersons.
4. Social protection of servicepersons
The level of social protection has a dramatic impact on proper military service and fulfillment of duties by every serviceperson, realization of their constitutional rights and freedoms. If legal social guarantees for servicepersons are not provided and their constitutional rights and freedoms are violated, it inevitably negatively influences the level of morale and confidence in their military future. As a result the quality of their performance diminishes, as well as their health, confidence in the future, and sometimes it leads to mental disorders and other negative consequences. Creating appropriate conditions for military service will contribute not only to more conscientious performance of military duties, but also will encourage enlistment in Ukraine with draftees meeting the highest standards for such persons.
However, social protection of servicepersons is unsatisfactory, which is reflected in the Law of Ukraine “On Fundamentals of National Security of Ukraine”. In these documents the legislator considers the unsatisfactory level of social protection of servicepersons, servicepersons transferred to the reserve, and members of their families as main real and potential threats to Ukraine’s national security and stability in the contemporary society in the military sphere and security of the state border (Article 7 of the Law.)
The analysis of this norm allows to conclude that the state recognizes that presently the social protection of persons within the military or retirees and their families is unsatisfactory and such social security creates threatens national security and social stability. Therefore, this state of social protection of servicepersons significantly affects social security of our country and society. The importance of the said security is of major importance as our country, among others, aims to become a social state. This goal is of great significance for our state today.
The social security as a part of national security provides for social protection of the most vulnerable and disadvantaged groups of population (children, pensioners, invalids, etc.) as well as standard resources for subsisting. At the same time, the national social security provides protection for indigent sections of the population (needy due to physical, mental, age, or any other factors).
Of course, the servicepersons do not belong to the category of needy population who on their own cannot ensure a decent existence. Moreover, in order to be enlisted, you have to be physically qualified. To this end you have to be examined by military medical commission, which is also a special problem of draftee’s human rights. At the same time, the analysis of actual situation of servicepersons permits to conclude that they are no less dependent on national social protection. The sources on psychology make us believe that “during the reformation of the Armed Forces of Ukraine, redesign of Ukrainian army and their dynamics the servicepersons and their families become a social group in tough living conditions. This situation is conditioned by the specific professional activities related to military service, and a number of current negative trends in military and social environment.”
The same is confirmed by the analysis of relevant legislation. So, the art. 1 of the Constitution of Ukraine proclaims our state a social one, and according to art. 3 of the Basic Law of Ukraine, an individual is the highest social value. According to the constitutional principle of equality (art. 24 of the Constitution of Ukraine) the citizens have equal constitutional rights and freedoms and are equal before the laws, i. e. these same norms, considering a person the highest social value, apply to the servicepersons as well.
Also in accordance with part 5 of art. 17 of the Constitution of Ukraine, the State ensures the social protection of Ukrainian servicepersons and their families, and in accordance with art. 9 of the Law of Ukraine “On social and legal protection of servicepersons and their families” the state guarantees the financial and other support to the extent that stimulates the interest of citizens in military service. The current legislation provides an extensive system of social rights guaranteed by the state for servicepersons and their families. The increased attention of the legislator to social protection of servicepersons and their families is also caused by the fact that the cash allowance and clothing allowance are usually the only sources of livelihood for servicepersons and quite often for their families as well. Therefore, the state has assumed full responsibility for their full and comprehensive material security. Accentuation of the duty of the state to guarantee the social and legal protection not only of servicepersons but also of their families (part 5, art. 17 of the Constitution of Ukraine) is essential for military service, because the serviceperson’s family is an important stabilizing factor, and violation of human rights of family members is, in fact, a violation of the rights of servicepersons adversely affecting their morale.
However, there are plenty of problems in this area, especially concerning inadequate budgeting by the state of the entire structure of military organization which is bringing forth a number of negative factors affecting social protection of servicepersons and their families and overall social and military security of our state. The Law of Ukraine “On the State Budget of Ukraine for 2011” of 23 December 2010 No. 2857-VI contains the expense item on the maintenance of the Armed Forces of Ukraine to the tune of UAH 9 mln., UAH 900,000 for medical treatment, rehabilitation and sanatorium-and-spa treatment, UAH 535,000 for house making /purchase for the Armed Forces of Ukraine.
In fact, it is a topical question because such social protection may lead and lead to mass discharge from military formations, which in turn can lead to social tension and other negative consequences.
At the same time, it is not only the lack of funding for a particular year creates a difficult situation in the field of social protection of servicepersons, but legislation in this area as well, which was adopted at the dawn of independence of Ukraine and weathered unchanged through twenty years of our state. Thus, the Law of Ukraine “On social and legal protection of servicepersons and their families” is hopelessly outdated and hampers reforms of military branch. The shortcomings of this law trigger complicated legal conflicts in various areas of social protection and realization of the rights and freedoms of servicepersons.
And the right to freedom of conscience is no exception. Thus, according to paragraph 3 of article 6 of the said Law, the persons whose religious beliefs prevent carrying out of conscription service, have a right to alternative service in accordance with the Law of Ukraine “On alternative (civilian) service.” Thus, the right to alternative service in the context of the provisions hereof may be realized only by those people who are being enlisted, while contract service envisages no such right. But what is to be done if the religious beliefs of servicepersons were formed already during military service. In our view, the right to freedom of conscience in the military service should be considered much broader and include all cases when religious beliefs emerged in the process of military service. The law should provide for the case that if religious beliefs arose during the conscription service, a serviceperson must be discharged from military service and sent to alternative (non-military) service. As for those who carry out military service under the contract, the acquired beliefs should be a sufficient ground for termination of contract for military service.
Moreover, such a narrow and one-sided view of the law on alternative service mentioned Law, as well as insufficient development of relevant constitutional provisions creates other problems in this area. It should be noted that the humanization of Ukrainian legislation was aimed at creating conditions under which every citizen would be able to fulfill her/his responsibilities. In this regard, paragraph 4 of art. 35 of the Constitution of Ukraine maintains that no one can be relieved of her/his obligations to the State or refuse to fulfill laws on religious grounds. If carrying out of military duty is contrary to religious beliefs, the performance of this duty should be replaced by alternative (non-military) service.
It looks like this provision actually helps a citizen of Ukraine who has religious beliefs and is subject to conscription for military service not to avoid it, but instead s/he will have an alternative (non-military) service. However, there emerge legal conflicts arising from insufficient regulation of constitutional issues related to alternative service, which leads to misconceptions about it among citizens subject to conscription and having relevant religious beliefs, and developers of normative legal instruments which does not help to realize legal guarantees of fulfilling this duty.
So, the above constitutional provisions do not clarify the legal nature of alternative service, and therefore it is mostly treated as the right to alternative service. Such understanding has led to the situation when the Law of Ukraine “On alternative (civilian) service” regarding it as a right does not establish legal responsibility for avoiding it. The said responsibility is not included either in the Code of Ukraine on Administrative Offences, or the Criminal Code of Ukraine. The only possible sanction for those servicepersons who evade alternative service or violate other requirements (part 2 of art. 8 of the Law) is as follows: “If a citizen evades alternative service or performs other actions mentioned in the first part of this article, the commission may reverse its decision to send him to an alternative service, about which it is within five calendar notify the citizen and military commissariat days in writing, and then the citizen is subject to conscription for military service on ordinary terms.”
But the problem is that such citizen cannot perform military service (this is contrary to her/his beliefs); therefore s/he will tend to shy away either from military service as such or shirk her/his duties. This sanction is based on misconceptions about alternative service exclusively as civil rights. The law is a measure of possible behavior, and therefore the citizen realizes it at her/his own will. S/he has a choice: not only to realize or not realize this right, but also, when s/he begins to realize it, s/he can at any time withdraw from further realization. This is the basis of the law on alternative service. Therefore we think that the provisions of the Law that the citizen, in case of avoiding non-alternative service, is to be drafted on general basis are absolutely unacceptable. We think that in this case the indiscipline of the citizen cannot outweigh his convictions, and therefore the law should include other penalties for evasion of alternative service, since the presence of such sanctions, in our opinion, distorts the very idea of alternative (non-military) service.
The inadequate funding and outdated legislation go along with irresponsible attitude of officials to the problems of social protection of servicepersons. For example, the Headquarters of the military advocate’s offices of the Prosecutor’s General Office of Ukraine inspected the legality of public purchases of accommodations for servicepersons in Feodosiya and urban village Shchebetivka (ARC). The inspection established that due to abuse of power by officials of the Crimean Capital Construction Board of the Ministry of Defense of Ukraine for the benefit of private companies during 2008-2010 the defense agency spent about UAH54mln. to purchase 190 apartments and registered them in the offices of technical inventory as public ownership under the Ministry of Defense. However, the servicepersons cannot move into these apartments because they do not meet sanitary and technical standards for premises. The criminal proceedings were initiated on February 28, 2011 on grounds of crime under part 2 of art. 364 of the Criminal Code of Ukraine. It should be noted that such cases repeatedly complicate the already difficult situation with implementation of requirements of paragraph 5 of art. 17 of the Constitution of Ukraine.
5. Conclusions and recommendations
The problem of the rights of servicepersons was and remains urgent in 2011. The initiated domestic reforms almost completely ignore the issue of functioning of the Armed Forces of Ukraine and other military formations. These negative examples of adverse service realities lead to the conclusion that they arise primarily due to improper organization of this service and indifferent and irresponsible attitude of various officials and the state as a whole. It affects public underfunding of the Armed Forces of Ukraine and other military formations, as well as tells on government’s inability to ensure law and order in the country as a whole, and in military organization in particular. Next to nothing is done to improve legal culture of both citizens and servicepersons; therefore the level of such culture is quite low, including the military officials.
The state exists against the backdrop of permanent political confrontations; in the meantime the military organization is treated primarily in terms of influence of various powerful political entities. The desire for redistribution of powers, including control of the armed forces and other military formations, during which the Constitution of Ukraine and the current legislation are ignored, does not improve legal culture and sets a negative pattern of disobedience. This affects a number of constitutional norms, which are intended to guarantee high social status for servicepersons.
As a result, the military service does not only fulfill its social purpose, which is primarily to ensure national security, but quite often is a security challenge violating human rights of servicepersons and unallied contingents. Therefore, there is a justified question: is the state entitled to press citizens into conscription service, if it is unable to create basic conditions for a feasible service, which does not endanger the state, society and individuals, including those who are in the Armed Forces and other military formations.
The above confirms that the proper military service management is particularly important. One cannot tackle all problems in the branch at once; to this end the state has to undertake a range of economic, organizational, legal, ideological measures to overcome negative factors affecting military service. Moreover, it is necessary that the provisions of part 5 of art. 17 of the Constitution of Ukraine that the state provides social and legal protection of servicepersons and their families are clearly and fully realized. But tangibles alone will not improve service management. The entire array of legislation should be reviewed for compliance with the rights of servicepersons. In addition, they need to develop respect for military service, servicepersons, work up the prestige of military service, extend abilities of military, and promote their proper rest possibilities, which will increase the authority of military organization and its tackling of constitutional issues.
Thus, the recommendations of 2009–2010 should be emended with as follows:
1. Change the public attitude to financing, organization and operation of the Armed Forces and other military formations, as well as issues of rights and freedoms of servicepersons and their families. It is necessary to understand that the Armed Forces carry out constitutionally important tasks supporting not only the existence of Ukraine as a sovereign and independent state, but also social stability.
2. To revise military legislation in terms of its conformity with the Constitution of Ukraine, including its second section.
3. Use the ILO recommendations and amend the laws of Ukraine “On the Armed Forces of Ukraine”, “On Military Duty and Military Service”, “On social and legal protection of servicepersons and their families,” Regulations of the Armed Forces of Ukraine and add provisions on the protection of servicepersons from hazards on the site of service through high-level instruction in the rules of safe handling and use of military equipment, weapons, safety requirements and health regulations as a part of military training of any profession or trade.
4. To amend art. 6 of the Law of Ukraine “On social and legal protection of servicepersons and their families” with provisions, under which the right to freedom of conscience includes not only the right to alternative service of draftees and believers. The law should provide that if religious beliefs arose during conscription service, a serviceperson must be discharged and sent to alternative (non-military) service. As for the contract service, the emergence of beliefs during military service shall give sufficient grounds for termination of the contract for military service.
5. Amend part 2 of art. 8 of the Law of Ukraine “On alternative (civilian) service” intended to annul the provisions under which the citizen in case of failure to carry out alternative service is subject to conscription service on general grounds. A different type and extent of legal liability should be imposed.
 This section was prepared by Associate Professor of the Chair of International Law at the V.N. Karazin Kharkiv National University, Candidate of Legal Sciences Yevhen Hryhorenko.
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 Proceedings were instituted in two criminal cases of harassing among servicepersons // http://gp.gov.ua/ua/news.html?_m=publications&_t=rec&_c=view&id=96190
 ILO Recommendation concerning vocational guidance and training in human resources development from June 23, 1975 No. 150 // International law on the protection of labor, the ILO Convention and Recommendations. — Кyiv, 1997.
 Luzan L. Ensuring combat readiness of the Air Forces of Ukraine / L. Luzan / / Bulletin of the prosecution. — 2003. — No. 1 (19). — P. 83–84.
 O. Medvedko. On the eve of Ukraine’s Armed Forces / O. Medvedko // Law of the military sphere. — 2007. — No. 12. — P. 3.
 Criminology: General and Special Parts: tutorial / IM Danshin, V. Holina, M. Valuysky et al., For the Society. V.V. Holina. — 2nd ed. revised. and add. — Kharkiv: Pravo, 2009. — P. 264.
 Ibid., P. 266.
 On social and legal defense of servicemen and their families: The Law of Ukraine from December 20, 1991 No. 2011 with alterations introduced by the Law of Ukraine from November 3, 2006 No. 328-V // Vedomosti of the Verkhovna Rada of Ukraine. — 2006. — No. 51. — P. 519.
 The existing military medical commissions present a separate problem of securing the draftee’s human rights.
 Oleksyuk N.S. The role of family in providing military capabilities of the Armed Forces of Ukraine / N.S. Oleksyuk // Psychological Aspects of National Security: Abstracts of the Second International Scientific Conference. — Lviv: Lviv University of Internal Affairs, 2008. — P. 153.
 The Constitution of Ukraine adopted by the fifth session of Verkhovna Rada of Ukraine on June 28, 1996 // Vedomosti of the Verkhovna Rada of Ukraine. — 1996. — No. 30. — P. 141.
 On social and legal protection of servicepersons and members of their families: Law of Ukraine from Dec. 20, 1991 No. 2011 with amendments introduced by the Law of Ukraine from Nov. 3, 2006 No. 328-V // Vedomosti of the Verkhovna Rada of Ukraine. — 2006. — No. 51. — P. 519.
 The Constitution of Ukraine adopted by the fifth session of Verkhovna Rada of Ukraine on June 28, 1996 // Vedomosti of the Verkhovna Rada of Ukraine. — 1996. — No. 30. — P. 141.
 On the State Budget of Ukraine for 2011: Law of Ukraine from Dec. 23, 2010 No. 2857-VI // Vedomosti of the Verkhovna Rada of Ukraine. — 2011. — Nos. 7-8. — P. 52.
 The apartments purchased for servicepersons failed to meet sanitary and technical standards // http://gp.gov.ua/ua/news.html?_m=publications&_t=rec&_c=view&id=67307