For 10 years, Ukraine has been at war, and for the third year it has been a full-scale war. During this time, hundreds of thousands of men of conscription age have been mobilized, and hundreds of thousands of men and women have signed a contract. Starting from February 24, 2022, people who stood up to defend the country have no chance to be released, recover and legally return to their civilian lives. 

Studies show that a person can be effective in a combat situation for 6 months, but after 7-12 months in the combat zone, 61% of people experience persistent social and psychological maladjustment, impaired ability to adapt to the dangers and conditions of war, and reduced personnel effectiveness.

Thus, the absence of service limits has a negative impact on the moral, psychological and physical condition of the military, and generally reduces the defense capability of the Ukrainian army! 

A sociological survey conducted by Info Sapiens at the request of Texty.org.ua indicates that 63.8% of respondents are afraid of mobilization due to the lack of fixed terms of service. 

Thus, the failure to address this issue worsens the situation with mobilization and replenishment of the army with new personnel! 

Taking into account the above, as well as the ignoring by official institutions of appeals and proposals concerning the issue of terms of service, or providing standard “replies”, the NGO “Intention” initiates an OPEN LETTER to the President of Ukraine Volodymyr ZELENSKY with a demand to intervene and influence the current situation! 

We call on NGOs, charitable foundations, opinion leaders, activists and other concerned citizens to join us in signing this letter!  

To sign, click here and fill out the form. 

The open letter was signed:

• NGO ““The Intention””

• NGO “Center for Legal Solutions”

• NGO “United Planet”

• Union of wounded soldiers of Ukraine “Strong 300”

• NGO “Social Movement” 

• Yuriy Kamelchuk, People's Deputy of Ukraine

• NGO Women's veteran movement

• NGO “Aerial Reconnaissance Support Center”

• NGO “Let's do it together”

• Petro Konoplya, Telegram channel: @BOYOVA✙KONOPLYA

• Alina Sarnatska, veteran of the russian-Ukrainian war

• Charitable organization “Charitable Foundation for Social and Legal Support of Combatants”

• Independent Student Trade Union of the Ivan Franko National University of Lviv “Direct Action”

• Volunteer initiative “We do not abandon our own”

• Zayada Darii, founder of the charitable organization “Vadym Godovanyi Charitable Foundation”

• NGO “Veteran’s Axe”

• NGO “Ukrainian Women's Guard”

• Inna Sovsun, Member of Parliament of Ukraine

• ATO Veterans Union

• Oleksii Honcharenko, Member of Parliament of Ukraine

• NGO "Movement of Shumshchyna Veterans"

• NGO "Embassy of Artists"

• NGO "Free and Faithful"

Full text of the letter 

for review

OPEN LETTER

To the President of Ukraine Volodymyr ZELENSKY

Regarding the protection of the rights, freedoms and legitimate interests of Ukrainian citizens from among the military personnel serving in the Armed Forces of Ukraine and other military formations formed in accordance with the laws of Ukraine during the special period in Ukraine (hereinafter - military personnel)

Dear Volodymyr Oleksandrovych! 

  We, the undersigned human rights defenders, public figures, activists, lawyers, have united to solve the existing problem - the lack of necessary reforms and changes in the army, namely the lack of the right to dismissal after a fixed term of service and the lack of conditions, guarantees, procedures and mechanisms for dismissal, after dismissal and during service.

Among us are organizations, public figures, volunteers and activists:

• working to protect the rights of military and civilians

• working on the reintegration and rehabilitation of veterans into civilian life;

• working to provide psychological or emotional support to family members of active military personnel; 

• created by relatives of active military personnel to protect their rights;

• working to build and develop Ukraine as a state governed by the rule of law.

We strive to build a state governed by the rule of law, in which the rights of servicemen are protected at the legislative level. 

“The Intention” NGO has repeatedly appealed to the Cabinet of Ministers, the Ministry of Defense, the Verkhovna Rada, and the President's Office to urgently address the issue of dismissal and replacement of exhausted military personnel to maintain the level of personnel efficiency, to develop the draft law itself, and to provide information on the current stage of development of the relevant draft law and a meeting to discuss the problem, among other things:

From 29.07.2024 Appeal to the Ministry of Defense for a meeting with “the Intention”

From 31.07.2024 Request_to_Ministry_of_Ministry_of_Resolution

From 03.10.2024 Appeal to the President of Ukraine on the draft law petition

From 09.10.2024 Appeal_to_the_parlament

From 17.10.2024 appeal_GO_INTENTION_meeting_with_National_Security_Committee

From 23.10.2024 appeal_GO_INTENTION_meeting_with_president_office

Unfortunately, the representatives of the Verkhovna Rada, the Presidential Administration, and the Ministry of Defense did not provide any answers or gave incomplete answers or “excuses”; no meetings were held with “The Intention” NGO. The above facts indicate an open disregard for the problem of military attrition and its impact on the defense capability of the entire country, and a shift in responsibility. Especially after the draft law “On Strengthening Mobilization” removed the provisions on fixed terms of service. Although each of these branches of government has both functions and competencies to quickly resolve the problem. 

We would also like to draw attention to the fact that this problem and its consequences have been repeatedly covered by the media, voiced by active military personnel themselves on social media, and raised by other NGOs, activists, public figures and individual MPs, as well as by Western partners.

This is the reason for writing this open letter.

In accordance with the Constitution of Ukraine:

Article 17. The protection of the sovereignty and territorial integrity of Ukraine, ensuring its economic and information security are the most important functions of the state, the business of the entire Ukrainian people.

Article 64. The constitutional rights and freedoms of man and citizen may not be restricted, except in cases provided for by the Constitution of Ukraine.

Under martial law or a state of emergency, certain restrictions on rights and freedoms may be established, specifying the duration of such restrictions. The rights and freedoms envisaged by Articles 24, 25, 27, 28, 29, 40, 47, 51, 52, 55, 56, 57, 58, 59, 60, 61, 62, 63 of this Constitution may not be restricted.

Article 65. The defense of the Fatherland, independence and territorial integrity of Ukraine, and the honoring of its state symbols are the duties of citizens of Ukraine. Citizens perform military service in accordance with the law.

Article 87. The Verkhovna Rada of Ukraine, on the proposal of the President of Ukraine or at least one third of the people's deputies of Ukraine from the constitutional composition of the Verkhovna Rada of Ukraine, may consider the issue of responsibility of the Cabinet of Ministers of Ukraine and adopt a resolution of no confidence in the Cabinet of Ministers of Ukraine by a majority of the constitutional composition of the Verkhovna Rada of Ukraine.

Article 93. The right of legislative initiative in the Verkhovna Rada of Ukraine belongs to the President of Ukraine, People's Deputies of Ukraine and the Cabinet of Ministers of Ukraine.

Draft laws defined by the President of Ukraine as urgent shall be considered by the Verkhovna Rada of Ukraine out of turn.

Article 106. The President of Ukraine:

1) ensures state independence, national security and succession of the state

2) addresses the people and makes annual and extraordinary addresses to the Verkhovna Rada of Ukraine on the internal and external situation of Ukraine;

30) has the right to veto laws adopted by the Verkhovna Rada of Ukraine (except for laws amending the Constitution of Ukraine) with their subsequent return for reconsideration by the Verkhovna Rada of Ukraine;

The President of Ukraine may not delegate his/her powers to other persons or bodies.

The President of Ukraine, on the basis and in pursuance of the Constitution and laws of Ukraine, issues decrees and orders that are binding on the territory of Ukraine.

Acts of the President of Ukraine issued within the powers envisaged by clauses 5, 18, 21 of this Article shall be signed by the Prime Minister of Ukraine and the minister responsible for the act and its implementation.

Article 113. The Cabinet of Ministers of Ukraine is the highest body in the system of executive authorities.

The Cabinet of Ministers of Ukraine is responsible to the President of Ukraine and the Verkhovna Rada of Ukraine, and is under the control and accountability of the Verkhovna Rada of Ukraine within the limits provided for by this Constitution.

In its activities, the Cabinet of Ministers of Ukraine is guided by this Constitution and the laws of Ukraine, as well as by decrees of the President of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted in accordance with the Constitution and laws of Ukraine.

Article 116. The Cabinet of Ministers of Ukraine:

1) ensures state sovereignty and economic independence of Ukraine, implementation of domestic and foreign policy of the state, implementation of the Constitution and laws of Ukraine, acts of the President of Ukraine.

In accordance with the Regulation “On the Procedure for Preparing and Submitting Draft Acts of the President of Ukraine”:

3. Decrees of the President of Ukraine formalize the decisions taken by the President of Ukraine on the basis of and in pursuance of the Constitution and laws of Ukraine on:

27) giving instructions to the Cabinet of Ministers of Ukraine;

Decrees of the President of Ukraine also formalize other decisions issued on the basis of and in pursuance of the Constitution and laws of Ukraine, if at least one of the provisions of the decision is designed for permanent or repeated action (has a normative nature) or belongs to those formalized by decrees of the President of Ukraine in accordance with this clause, as well as decisions, the adoption of which in the form of a decree is provided for by the laws of Ukraine and decrees of the President of Ukraine.

4. Decisions adopted by the President of Ukraine on the basis of and in pursuance of the Constitution and laws of Ukraine shall be formalized by orders of the President of Ukraine on:

6) submission for public discussion of draft laws to be submitted by the President of Ukraine to the Verkhovna Rada of Ukraine, draft acts of the President of Ukraine.

The President of Ukraine may also issue other decisions, the adoption of which in the form of an order is provided for by the laws of Ukraine and acts of the President of Ukraine.

6. In case of receipt of appeals from citizens, enterprises, institutions, organizations, local state administrations, local self-government bodies, people's deputies of Ukraine with proposals for issuing acts of the President of Ukraine addressed to the President of Ukraine or the Secretariat of the President of Ukraine, such proposals shall be considered in accordance with the established procedure. Based on the results of their consideration, the Secretariat of the President of Ukraine, and on the instructions of the President of Ukraine - other subjects, if necessary, prepare a draft act of the President of Ukraine and submit it in accordance with the established procedure.

14. By the decision of the President of Ukraine, draft acts of the President of Ukraine providing for the solution of important issues of national importance related to the realization of human and civil rights and freedoms may be submitted for public discussion.

Summarizing the above, within the framework of the current legislation, the Constitution of Ukraine and the provision “On the Procedure for Preparing and Submitting Draft Acts of the President of Ukraine”, the signatories demand:

1. Prepare and issue a decree to the Cabinet of Ministers of Ukraine to include in the draft Law of Ukraine “On Amendments to Certain Laws of Ukraine on Improving the Mechanisms of Replacement (Rotation), Determining the Procedure and Conditions of Discharge from Military Service for Certain Categories of Servicemen during Martial Law” (hereinafter - the draft Law) the terms, conditions, mechanisms, procedures and guarantees for servicemen, namely the right to discharge after a fixed term of service, as well as the conditions and guarantees of timely rotations during service. Also, to include in this decree an instruction to discuss the proposals from the signatories of this letter.

2. To address the people and the Verkhovna Rada of Ukraine with extraordinary messages on the internal and external situation of Ukraine, and to emphasize that (Article 17) the protection of the sovereignty and territorial integrity of Ukraine is the most important function of the state, the business of the entire Ukrainian people, not only volunteers who have joined the army on their own. (Article 65) The protection of the Fatherland, independence and territorial integrity of Ukraine is the duty of citizens of Ukraine. Citizens perform military service in accordance with the law. This applies to every citizen of Ukraine, especially in the third year of the war. That is why there should be fixed terms of service, the right to dismissal and the gradual replacement of active military personnel with other citizens who are to join the army in the next 3 months.

3. To submit a proposal to the Verkhovna Rada to consider the responsibility of the Cabinet of Ministers for the lack of consultation and communication with civil society organizations that submitted their proposals to the draft law pursuant to the VRU Resolution No. 11163 “On Certain Issues of Military Duty and Military Service under Martial Law” and to develop a relevant draft law.

4. To define the draft Law of Ukraine “On Amendments to Certain Laws of Ukraine on Improving the Mechanisms of Replacement (Rotation), Determining the Procedure and Conditions of Dismissal from Military Service for Certain Categories of Servicemen during Martial Law” developed by the Ministry of Defense as urgent, for consideration by the Verkhovna Rada of Ukraine out of turn, and to veto any draft law that will be sent for signature but will not include the right to dismissal after a fixed term of service, as well as conditions and guarantees of timely rotations during service.

The open letter was signed:

1. NGO ““The Intention””

2. NGO “Center for Legal Solutions”

3. NGO “United Planet”

4. Union of wounded soldiers of Ukraine “Strong 300”

5. NGO “Social Movement” 

6. Yuriy Kamelchuk, People's Deputy of Ukraine

7. NGO Women's veteran movement

8. NGO “Aerial Reconnaissance Support Center”

9. NGO “Let's do it together”

10. Petro Konoplya, Telegram channel: @BOYOVA✙KONOPLYA

11. Alina Sarnatska, veteran of the Russian-Ukrainian war

12. Charitable organization “Charitable Foundation for Social and Legal Support of Combatants”

13. Independent Student Trade Union of the Ivan Franko National University of Lviv “Direct Action”

14. Volunteer initiative “We do not abandon our own”

15. Zayada Darii, founder of the charitable organization “Vadym Godovanyi Charitable Foundation”

16. NGO “Veteran’s Axe”

17. NGO “Ukrainian Women's Guard”

18. NGO “United Organization of Brothers in Arms”

19. NGO “Union of ATO Veterans”

20. Inna Sovsun, Member of Parliament of Ukraine

21. ATO Veterans Union

22. Oleksii Honcharenko, Member of Parliament of Ukraine

23. NGO "Movement of Shumshchyna Veterans"

24. NGO "Embassy of Artists"

25. NGO "Free and Faithful"