NAKO analysed the draft law “On Amendments to Certain Legislative Acts of Ukraine on National Security and Defence to Strengthen Democratic Civilian Control over the Armed Forces of Ukraine, Improve Joint Command of the State Defence Forces and Planning in the Spheres of National Security and Defence” No 4210.
According to the NAKO’s analysis, it is crucial that the draft law defines the legal framework for democratic civilian control over the Armed Forces of Ukraine, military leadership and defence planning procedures in the areas of national security and defence.
In other words, it will make it possible to harmonise democratic values with an actual defence policy.
NAKO analysed this draft law in detail and found that important positive provisions of the draft law include the specification of requirements to appoint civilians to the positions of the Minister of Defense, his First Deputy and Deputy Ministers, and at least five years must have passed since the dismissal of such persons from military service.
At the same time, the NAKO experts pointed out that the provisions on the military police, amendments on long-term planning documents, and the rate of the Supreme Commander-in-Chief, which were adopted in the first reading, were excluded. In addition, according to the proposed amendments to the Law of Ukraine “On Central Executive Bodies”, the Minister of Defence of Ukraine will have the authority to cancel in whole or in part acts of the high command and military administration bodies that contradict the Constitution and laws of Ukraine.
However, in the absence of proper communication and justification of the concept of redistribution of powers between the Minister of Defence and the Commander-in-Chief of the Armed Forces, it is difficult to determine the feasibility of such changes and their impact on the military command and control system in times of war.
A detailed analysis in Ukrainian can be found below: