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Statement on Inadmissibility of the Bill # 3105 on the Legal Basis of the National Guard of Ukraine

Criminal justice /
Criminal Law

We urge the deputies of the Verkhovna Rada of Ukraine not to adopt the bill # 3105 dated 21.02.2020.

We, human rights and civic organizations, urge the Ukrainian Parliament to restrain from providing police powers to the National Guard of Ukraine by adopting the bill # 3105. We call the Parliament to reject it. 

The bill provides the National Guard of Ukraine (hereinafter – NGU) servicemen with the right to file reports on administrative offenses, detain, deliver and/or transmit to police stations persons who have committed or have been  suspected in committing an administrative offense.

The bill introduces an unreasonably wide range of administrative offenses for which the authorized persons of NGU have the right to file reports.

We are deeply concerned about the fact that NGU will have the right to use photo and film equipment. As of now only  Ukrainian law enforcement agencies have such rights This creates an opportunity for NGU military personnel to conceal surveillance of a person, an object or a place, which in fact is  a type of secret investigative activities and should be carried out in accordance with the Criminal Procedure Code of Ukraine. Such activity can only be allowed by a court order and only be conducted  by authorized bodies to which the NGU does not apply.

These changes to the legislation can lead to a possible abuse of power by the officials of NGU and excessive restriction of human rights.

This bill is more dangerous for a country that is partially free. In addition, given a large number of police officers per capita, we consider it inadmissible to provide additional police functions to military personnel.

Therefore, we urge the deputies of the Verkhovna Rada of Ukraine not to adopt the bill # 3105 dated 21.02.2020.