"Disguised as NATO standards, they want to introduce amendments that contradict Constitution" – military officer Lapin on controversial draft law

Ihor Lapin, an officer of the Armed Forces of Ukraine, a special forces officer, and MP of the eighth convocation, told Espreso.

On February 17, Ukrainian parliamentarians adopted in the first reading the draft law on strengthening democratic civilian control over the Armed Forces No. 4210. In preparation for the second reading, amendments were submitted by the Ministry of Defense of Ukraine. Their analysis caused a mixed reaction.

Some MPs and the military published the concept of the minister of defense. 

The senior military leadership will be appointed by a civilian defense minister and civilian deputies...

According to Ihor Lapin, an officer of the Armed Forces of Ukraine, special forces officer and MP of the eighth convocation, the amendments have not yet been made, they are only reflected in the concept of Defense Minister Oleksii Reznikov. 

"The procedure for voting on laws is as follows: first, MPs vote on the draft law in the first reading. It has a set of articles," explains Ihor Lapin, 

"Then they say: we need to prepare amendments, who wants to add something. And so between the first and second reading, the document is in the committee, the deputies submit amendments, and the committee as well. And in the context of these proposals, there is a thing called the concept of the ministry of defense. The proposals in it are hidden under good European integration and NATO standards on civilian control over the Armed Forces. One of the points we once accepted was that the minister of defense should be a civilian. This is in line with NATO standards. Now, under the disguise of such standards, they want to squeeze in elements of this concept." 

According to Ihor Lapin, they will try to dilute the concept through proposals from relevant ministries and agencies, MPs, or some committee amendments. However, we will see them when the document appears on the website and in the Verkhovna Rada, the Ukrainian Parliament.

I think they will push the bill through with the votes of the Servants of the People and the former Opposition party

What kind of concept is this? According to the document, the top military leadership will be appointed by the minister of defense and voted for by MPs. That is, a civilian and civilian MPs will form a team for the military. In addition, the document stipulates that military personnel cannot comment on political events or participate in elections.

"I think they will try to "push" this draft law with the votes of the Servants of the People and the former Opposition party," Ihor Lapin is convinced. 

"Servants of the people see what the ratings are now. For example, Zaluzhnyi hasn't even said he's going into politics yet, and he's already "beating them." So the first element is to limit the powers of the commander-in-chief through the interference of the minister of defense and MPs. In addition, Oleksii Reznikov cannot be dismissed for five years. This clause directly contradicts the Constitution. If the president has appointed him, shouldn't he be dismissed? But there is another "pitfall" here. Let's imagine that Zelenskyy won't run for office, and the new president will work with Oleksii Reznikov. And then where will the constitutional powers of the head of state to appoint the defense minister and submit his candidacy to the parliament go?"

Ihor Lapin stresses that if these amendments are voted for in the parliament, the country will be ruled by people who are not involved in our victory after the war.

"Let's imagine that we have all won, and while we are all in the army and there is no decree on demobilization, elections are announced and candidates are registered," says Ihor Lapin, "and all patriots are in uniform. And if they are in uniform, they have no right to run for office. Moreover, they have no right to comment. This is all a violation of the Constitution."