The Ministry of Internal Affairs of Ukraine (Ministry of Internal Affairs) provided clarification on the proposed amendments to the Law on the National Guard of Ukraine. The document that has already passed the first reading in the Verkhovna Rada aims to improve the legal foundations of the National Guard, in particular in the context of tasks during martial law. The main changes are focused on bringing the legislation to the requirements of other normative acts, taking into account the new realities of security in Ukraine.
The preparation of this bill began in 2022, when the war changed many aspects of the activity of law enforcement agencies. Since then, there has been a need to improve the regulatory framework to ensure the effective activity of the National Guard, in particular in the frontlines and in the area of de -occupation. The adoption of the bill in the first reading in May 2023 confirms that the issue of this improvement is relevant and requires proper legal regulation.
The project of Law No. 10311 proposes not the extension of the powers of the National Guard, but their ordering and unification of existing norms. To date, the National Guard during the tasks at checkpoints, in the area of de -occupation and other important objects are regulated by different regulations, in particular::
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The Law of Ukraine “On National Police”;
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CMU Resolution “On Approval of the List and Rules for the Application of Special Means of National Guard Servicemen in the Fulfillment of Service Tasks”;
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The Armed Forces of the Armed Forces of the Armed Forces.
The bill provides for the unification of these legal norms in one law, which will allow to regulate the activities of the National Guard more clearly, taking into account its specific tasks during the war.
The bill also does not significantly change the list of special means that the National Guards can use, but determines the clearer limits of their use. At present, the National Guards have the right to use physical means such as rubber sticks, electric shops and forced vehicles.
The list of these tools proposed in the law of the law actually duplicates the current list, but in particular determines that the use of these tools is an extreme measure. This means that the National Guard should warn of their intention to apply physical impact and use these tools only if necessary.
The main purpose of these changes is to ensure the legality and efficiency of the National Guard in war. In accordance with the new rules, the National Guards will be clearly defined as an integral part of the Ministry of Internal Affairs system, which is not only accomplished by the tasks at the front but also has law enforcement functions in the territory released from the enemy. This includes stabilization measures, combating sabotage and intelligence groups (DRG) and combating other threats in frontline territories.
The Ministry of Internal Affairs categorically denies that the bill provides for a significant expansion of the powers of the National Guard. Instead, it is only a clearer ordering of these powers, taking into account the specifics of the tasks performed in wartime. The bill aimed at detailing the rights and responsibilities of the National Guard, as well as providing them with legal instruments to combat saboteurs, criminals and other threats in war.
The bill is still under the stage of revision and may be amended before final adoption. However, its adoption is an important step towards improving the legal support of the National Guard in Ukraine. This will create a clearer and more effective legal basis for its actions during the war, thus ensuring stability and security in the country.
