The Verkhovna Rada today, December 25, adopted a presidential law on amendments to the Law «On National guard of Ukraine» concerning the improvement of the legal basis of NSU (No. 3703). For this decision voted 248 deputies out of 336 registered in the session hall.
The law stipulates that the commander of the national guard shall be appointed by the President of Ukraine submission of the Minister of internal Affairs and resigned from the post of President. Earlier it was mentioned that the commander of the national guard shall be appointed and dismissed from office by the Supreme Rada on representation of the President.
The law excludes article about the powers of the Ministry of defense on National guard of Ukraine, where, in particular, stipulates that during martial law the national guard to perform tasks for defense of the state is subordinate to MOA.
Set that in the connection of the national guard can come in brigades, regiments, battalions, detachments, companies and the like, and the composition of military units of National guard of Ukraine can enter the units (battalions, squadrons, detachments, companies, and the like), special commandant (commandant), communication centers, centers, groups, platoons.
The law also defines that the main functions of the national guard — participation in a group for curbing the illegal actions of persons in detention, convicts, and the consequences of these actions in the institutions of preliminary detention, execution of sentences.
While implementing actions for suppression of mass riots, the national guard coordinates the activities of law enforcement bodies involved in the cessation of these illegal actions.
During the special period the number of national guard increased the number of personnel called for military service pursuant to presidential decrees on mobilization, approved by laws of Ukraine.
Among other things, establishes that in cases stipulated by the Law «On military duty and military service», foreigners and persons without citizenship who legally reside on the territory of Ukraine, on a voluntary basis (under contract) to perform military service in the National guard of Ukraine.
The law removed a provision stating that members of the national guard, for exceptional need have the right personally or in the subdivision to use firearms to arrest a person, which renders armed resistance, of a person who threatens the use of weapons; the resumption of law and order against participants of mass riots who use weapons against civilians or personnel of the National guard and law enforcement agencies if such action is reasonably pose a threat to their lives.
It defines the list of cases when it is allowed to use firearms without warning. In particular, when you try the person who detains soldier with a firearm in hand, to approach him, reducing the distance determined by him or touch the weapon.
This law shall enter into force on the day following the day of its publication. Until the legislation of Ukraine to conformity with this law laws and other normative-legal acts adopted before the entry into force of this act apply to the extent not inconsistent with this act.
We will remind, earlier the commander of the national guard appointed by the Verkhovna Rada. 15 April 2014 the Parliament at the third attempt-was appointed commander of National guard Stepan Poltorak.
October 14, 2014 Rada appointed him Minister of defence of Ukraine. Since then the head of the national guard was not assigned.
The commander of the national guard will be appointed by the President upon recommendation of the interior Minister 25.12.2015