Teachers - into the army. Why did Zelensky not sign a law on delayed mobilization for educators
7352, which changes the law on mobilization - there is entitled to deferred teachers and scientists. Having adopted Project No.
7352, Article 23 of the Law "On Mobilization Training and Mobilization" was supplemented with the following paragraph: "Scientific, scientific-pedagogical and pedagogical workers, provided that they work in institutions and organizations, institutions of higher, professional higher, professional (professional technical) or general secondary education at the main place of work at least 0. 75 rates. " "According to the explanatory note to the Bill No.
7352, according to the Ministry of Education and Science of Ukraine, as of January 1, 2020, about 4,500 pedagogical workers worked in higher education institutions, at which the right to defer from conscription during mobilization does not apply to military service during mobilization" , - said Natalia Nazarko, lawyer of JSC "Miss and partners". That is, Project No.
7352 was initially designed for those teachers who are not taken into account by the law on mobilization, its adoption would allow to obtain a deferral of thousands of teachers and scientists. Since August, the bill No. 7352, signed by the Verkhovna Rada, has been sent to the President. In this status, the document remains at the time of publication of the article - September 7, 2022. Focus found out what the fate of this and other drafting, who had been signed by President Vladimir Zelensky.
Lawyers emphasize: the answer to the question of how long the President has to sign the bill should be sought in the Constitution of Ukraine.
"Article 94 of the Constitution stipulates that within fifteen days after receiving the law from the Chairman of the Verkhovna Rada of Ukraine, the President of Ukraine signs it, adopting it, and officially publishes it - or returns the law with its reasoned and formulated proposals to the Verkhovna Rada of Ukraine for re -consideration ", - said the lawyer of the law firm" Ilyashev and partners "Vladimir Adonin.
That is, formally the Constitution takes only 15 days for the President to sign the law or return it to the parliament for revision. In practice, everything is much more complicated. "If the President has not returned the law for re -consideration within 15 days, the law is considered approved by the President of Ukraine and must be signed and officially promulgated," says Yana Mikhailuk, adviser, Totum LF lawyer.
According to her, if after 15 days the law remains not signed, then the stake actually arises. "Such a law does not enter into force, it was not returned to the Verkhovna Rada with proposals for re-vote, so it is impossible to apply the procedure of publication of the law signed by the Chairman of the Verkhovna Rada. In fact, the presidential constitutional and legal liability in this case is actually absent," Yana Mikhailuk emphasizes.
He adds that today, several dozen laws have been subscribed to the President for more than 15 days, some since 2019 and 2020. Lawyer Natalia Nazarko clarifies: Today, the President of Ukraine has more than 30 laws waiting for his signature. Vladimir Adonin explains that everything is clearly stated in the laws, but practice can radically differ from the specified in the normative documents. "The situation with the failure of this norm is not uncommon.
At different times, each of the Presidents of Ukraine was sometimes neglected for one reason or another by its duty to consider the laws within fifteen days.
For example, only in the past year can at least ten can be calculated in such cases , and some of them remain in the same state, but not signed within 15 days no one is in a hurry to consider approved, because even in this case the signature of the President of Ukraine is required in accordance with paragraph 2 of Article 94 of the Constitution, and only after that such a law has such a law to be officially promulgated, unless otherwise provided by law, " - says Vladimir Adonin.
In fact, today there is a situation where a bill on deferral from mobilization for teachers and researchers (No. 7352) is banal - it is approved by Parliament, but without the signature of the President cannot be published, and therefore to enter into force. The focus asked the lawyers how much time the bill may be in this condition. "Unfortunately, there may be no clear answer to this question. An example may be Law No. 5553 of 19. 12.
2016 on amendments to the Law of Ukraine" On Banks and Banking "On Guaranteeing the State of Deposits of Individuals under the Presidency of Poroshenko PA, The President was initiated by marking him as urgent. Despite the submission for the President's signature back in 2016, the law was never signed. The only conclusion that can be drawn - on the President's signature, the law can be a long time, "Alexander said Navalnev, governing partner of the MAKU.
Volodymyr Adonin explains that the Constitution does not regulate how much the law can be "voted" by the President after the end of the 15-day period for its signing. "In practice, some laws expect the President for more than one year," the lawyer says. According to Yana Mikhailuk, given the fate of previous laws not signed by the President, the document may remain in such a state until it loses its relevance or until the President does not sign it.
Currently, due to the lack of the signature of Vladimir Zelensky, the bill on delay from mobilization for teachers and researchers has not come into force, that is, its rules do not work. In practice, this means the continuation of active conscription into the ranks of the Armed Forces of the Armed Forces of schools, colleges, universities, research institutes and other organizations.
"There is no point in relying on the law of the law, because it is not signed and is not officially made public, since only laws signed by the President or Chairman of the Verkhovna Rada of Ukraine in paragraph 3 of Article 94 of the Constitution are subject to publication," says Vladimir Adonin. Ideally, the bill should be signed by the President.
A less acceptable but admissible option may be to return the law to the Parliament with the President's amendments for re -vote or a re -vote after a bill is veted. "If during the re -consideration the law again approves the Verkhovna Rada of Ukraine at least two -thirds of its constitutional composition, the President of Ukraine is obliged to sign it and officially publish it within ten days.
If the President of Ukraine has not signed such a law, he is immediately officially official It is published by the Chairman of the Verkhovna Rada of Ukraine and published with its signature, " - Oleksandr Navalnev emphasizes. Unfortunately, the most promising option is to "hang" a law on the President. And here the legislative initiative is simply blocked. And there are not many ways to move the situation to move the case from a dead point.
In case of prolonged non -signing, the bill may lose relevance. But sometimes after a while the project returns to the deputies for revision. "In this case, it is difficult to influence the President, may be prepared by parliamentary appeals. Appeal of such inaction may also not produce the necessary results in view of the decision of the Cassation Administrative Court in the Supreme Court regarding the consideration of the complaint of the President's inaction for not signing the law No.
555 He noted: "The Constitution of Ukraine does not directly imply in a situation where the President of Ukraine does not sign the law and does not return it with the remarks of the Verkhovna Rada of Ukraine. However, legal uncertainty in this situation should be resolved in an out -of -court manner, since the jurisdiction of administrative courts does not apply to these relations "(Decision No. 9901/638/18) of January 9901/638/18)," Yana Mikhailuk said.