National Guard Powers Expansion Halted
- A controversial bill that would expand the powers of Ukraine's National Guard has been removed from the Verkhovna Rada's agenda amid public outcry.
- 10311, which proposes expanding the authority of the National Guard of Ukraine to use various means of force against citizens during civil unrest, was slated for a second...
- 10311, formally titled "On Amending the Law of Ukraine 'on the National Guard of Ukraine' on the improvement of the legal foundations of the request of coercion measures...
Ukraine’s National Guard powers Under Scrutiny as Bill is Pulled
Table of Contents
- Ukraine’s National Guard powers Under Scrutiny as Bill is Pulled
- Ukraine’s National Guard Powers: What You Need to Know
- 1. What is Bill No. 10311 and why is it Controversial?
- 2. What Specific Powers Does Bill No. 10311 Propose to Grant the National Guard?
- 3. what is the Current Legal Framework for the National Guard of Ukraine?
- 4. What Concerns Have Been Raised About the Bill?
- 5. What are the Key Differences Between the Original Draft and the Version Submitted for the Second Reading?
- 6. What is the Current Status of Bill No. 10311?
- 7. Summary Table
A controversial bill that would expand the powers of Ukraine’s National Guard has been removed from the Verkhovna Rada’s agenda amid public outcry.
A bill, No. 10311, which proposes expanding the authority of the National Guard of Ukraine to use various means of force against citizens during civil unrest, was slated for a second reading in the Verkhovna Rada this week. However,the bill was unexpectedly withdrawn from consideration,at least temporarily.
Concerns Over Expanded Powers
Bill No. 10311, formally titled “On Amending the Law of Ukraine ‘on the National Guard of Ukraine’ on the improvement of the legal foundations of the request of coercion measures by military personnel of the National Guard of Ukraine,” was registered on Dec. 1,2023,and passed its first reading on May 22 of the previous year.
The Verkhovna Rada Commitee on Law Enforcement approved the document for a second reading on March 5. However, the Center for Combating Corruption,
a public institution, scrutinized the bill and raised concerns about its provisions.
The organization stated that the bill would grant the National Guard the authority to use firearms,tear gas,and unmanned aerial vehicles (drones) against protesters for surveillance,identification,and potential detention.
Public Reaction and Current Laws
The news sparked outrage and anxiety on social media, with many drawing comparisons to the Yanukovych era and the Dictatorial Laws
of Jan. 16. Consequently, the bill was removed from the Verkhovna Rada’s agenda for the week of march 24-30.
It is indeed critically important to note that the National Guard of Ukraine already possesses the right to use firearms under the existing law “on the National Guard of Ukraine,” specifically in cases of repelling armed attacks or detaining individuals offering armed resistance. This authority extends to situations that may arise during riots.
Moreover, the National Guard’s authority to use electric shock weapons was expanded on Dec. 20, 2017, by Resolution of the Cabinet of Ministers No. 1024. The use of tear gas and batons by the National Guard is also not a new development.
Streamlining or Overreach?
According to a member of the Parliamentary Committee on Law Enforcement, the intention is to streamline [existing regulations] and transfer [them] to the Law on the National Guard.
Currently, the National Guard operates under a variety of guidelines, including:
- The Law of Ukraine “On the National guard of Ukraine”
- Law of Ukraine ”On the National Police”
- Decree of the cabinet of Ministers of Ukraine “On the approval of the list and the rules for applying special means by military personnel of the National Guard in the performance of official tasks”
- The military charter of the Ground Forces of the Armed Forces of Ukraine
- Other instructions and orders from relevant ministries and departments.
While consolidating these norms into a single law may seem logical, questions remain about the true reasons behind the bill’s withdrawal and whether concerns about firearms, tear gas, and drones are justified.
Concerns from Within
One of the initial authors of the bill stated that the version submitted for the second reading differed substantially from the original draft.He also expressed that law enforcement should have good reason to use physical strength, special equipment, and firearms.
Concerns have been raised that if Bill No.10311 is adopted in its current form,national Guard soldiers could perhaps use firearms without clear restrictions,acting at their own discretion.
Everything related to the use of means of influence is very blurred. Moreover, this applies to the actions of the National Guards not only during the riots, but also in other situations… the National Guard took and shot. Then he will say: they say, they were aggressively tuned, I thought there might potentially be a lot of tractes.In this way, it really is-it really is-it really is-it really is-in this form. The bill named after Yanukovych.
The bill’s consideration has been postponed, and it is indeed uncertain whether it will garner enough support in its current form.
Conclusion
The bill requires notable revisions. Otherwise, authorities risk provoking the very mass unrest the law is intended to prevent.
Ukraine’s National Guard Powers: What You Need to Know
Introduction:
In Ukraine, discussions surrounding the powers of the National Guard frequently enough spark debate.Recent developments concerning Bill No. 10311 have brought these issues to the forefront. This article delves into the details of the bill, the concerns it raises, and the current legal framework governing the National Guard’s activities.
1. What is Bill No. 10311 and why is it Controversial?
What is Bill No.10311?
Bill No. 10311, formally titled “On Amending the Law of ukraine ‘on the National Guard of ukraine’ on the improvement of the legal foundations of the request of coercion measures by military personnel of the National guard of ukraine,” proposes changes to the powers of Ukraine’s National Guard.
Why is it controversial?
The bill has faced scrutiny as it aims to expand the National Guard’s authority, particularly concerning the use of force during civil unrest. concerns include the potential for the National Guard to use firearms, tear gas, and drones against protesters.
2. What Specific Powers Does Bill No. 10311 Propose to Grant the National Guard?
The bill, as it was proposed, sought to give the National Guard broader authority to use force.Critiques of the bill suggest provisions that would grant the National Guard the authority to use:
Firearms
Tear gas
Unmanned aerial vehicles (drones) for surveillance, identification, and potential detention
3. what is the Current Legal Framework for the National Guard of Ukraine?
The National Guard already has legal authority, including the right to use firearms under the existing law “on the National guard of Ukraine,” specifically in cases of repelling armed attacks or detaining individuals offering armed resistance. this authority extends to situations that may arise during riots. They operate under various guidelines, including:
The Law of Ukraine “On the National Guard of Ukraine”
Law of Ukraine “On the National Police”
Decree of the cabinet of Ministers of Ukraine “On the approval of the list and the rules for applying special means by military personnel of the National Guard in the performance of official tasks”
The military charter of the Ground Forces of the Armed Forces of Ukraine
Other instructions and orders from relevant ministries and departments.
4. What Concerns Have Been Raised About the Bill?
Concerns about Overreach:
The primary concern revolves around the potential for overreach and the expansion of powers,which some fear could lead to the misuse of force. Critics are worried that the bill’s provisions could lead to the National Guard using firearms without clear restrictions.
Comparisons to the Yanukovych Era:
Many have drawn comparisons to the Yanukovych era and the “Dictatorial Laws” of Jan. 16, highlighting concerns about potential restrictions on civil liberties.
5. What are the Key Differences Between the Original Draft and the Version Submitted for the Second Reading?
One of the initial authors of the bill stated that the version submitted for the second reading differed substantially from the original draft.
6. What is the Current Status of Bill No. 10311?
The bill was removed from the Verkhovna Rada’s agenda for the week of March 24-30. It’s consideration has been postponed, and there is uncertainty about whether it will gain enough support in its current form.
7. Summary Table
| Feature | Description |
| —————————- | ———————————————————————————– |
| Bill Number | No. 10311 |
| Purpose | Amend the Law of Ukraine “on the National Guard of Ukraine” |
| Proposed Powers | Expanded authority to use firearms, tear gas, and drones |
| Primary Concerns | Overreach, potential misuse of force, comparisons to the Yanukovych era |
| Current Status | Withdrawn from consideration, potential for revisions |