First Deputy Military Ombudsman takes part in international conference in Lviv

How can a balance be maintained between national security and human rights? What role do national courts play in protecting the rights of service members? How can they be ensured effective access to justice?

These issues were discussed at the international conference “Democracy Defending Itself: European Legal Frameworks and the National Context”, held in Lviv. The event brought together judges of the European Court of Human Rights, the Supreme Court and the Constitutional Court of Ukraine, as well as representatives of public authorities, international organizations, academia, and civil society.

“Ukraine is constantly seeking a difficult balance between maintaining its defence capabilities and protecting the rights of service members. We want to see the law upheld, but in reality, service members are precisely those of our fellow citizens whose ability to exercise their rights and enjoy democratic freedoms is most restricted,” said Ruslan Tsyhankov, First Deputy Military Ombudsman, during his address.

Military service cannot function without discipline, a clear chain of command, and compliance with orders. However, this does not mean that a person loses their rights upon putting on a military uniform. On the contrary, the state has a particular responsibility towards those who have taken up arms to defend it.

“A strong army is about more than weapons, training, and discipline. It is also about respect for the people who serve in it. This is precisely the approach that reflects the principles of the democracy Ukraine is defending today,” Ruslan Tsyhankov concluded.

The First Deputy Military Ombudsman also emphasized the need to expedite court proceedings concerning motions to discharge from criminal liability service members who have returned after AWOL, so that they can be reinstated in military service.

The conference also featured discussions on permissible restrictions on political rights to protect the democratic order, freedom of expression during wartime, and freedom of thought, conscience, and religion.

The event was organized by the Supreme Court in cooperation with the Ukrainian Catholic University, the Council of Europe, and the OSCE Support Programme for Ukraine.