“Legal Challenges of Martial Law” is a new format of events of the Regional Justice Reform Councils (RJRCs) with the support of the EU Project “Pravo-Justice”.
On December 2, Chernivtsi hosted the first event in this series, a roundtable discussion on current issues of mobilization, travel abroad, and forced seizure of property.
The event was attended by attorneys – representatives of the Youth Committee of the Ukrainian National Bar Association “NextGen”, judges of district courts, academics, private enforcement officers, representatives of state and local authorities, experts of the EU Project “Pravo-Justice”, representatives of the Chernivtsi, Kharkiv and Donbas RDCJs.
During the roundtable, the participants discussed:
- Problematic issues of legal regulation of deferment from conscription during mobilization – in particular, the lack of a clear list of documents to confirm the grounds for granting deferment, which leads to different practices in the application of such grounds.
- Judicial Protection of the Rights of Persons Subject to Mobilization or Already Performing Military Service – the general approaches used by administrative courts when appealing against refusals to grant a deferment or discharge from military service were identified.
- The peculiarities of traveling abroad by men of military age during martial law are the lack of a clear list of documents and a unified practice for crossing the border by volunteers, students and other persons entitled to deferment of conscription.
- Peculiarities of children’s travel abroad under martial law – how to prevent abuses related to the simplified procedure, which does not require the notarized consent of the other parent if the child is accompanied by one parent.
- Compulsory alienation or seizure of property under martial law – what problems arise in understanding and applying these mechanisms, in particular, in terms of valuation and compensation of property.
We thank the speakers and participants for sharing their experience! The next step will be to hold an online event to discuss the developments with a wide range of participants.
