Call for Legislative Reform
The Office of the Military Ombudsman and human rights advocates are urging lawmakers to amend a legal provision that prevents fallen defenders with unexpunged criminal convictions from being buried at the National Military Memorial Cemetery. Ukraine's 'On Burial and Funeral Affairs' law currently prohibits the interment of service members who, at the time of their death, had an unexpunged or unredeemed conviction for an intentional crime. This policy has drawn sharp criticism from officials, including Military Ombudsman Olha Reshetylova and Anna Skrypka, a legal advisor for Protection of Prisoners of Ukraine. The debate touches on core questions of national gratitude and redemption for those who served.
The Ombudsman's Office has formally appealed to the parliamentary Committee on Social Policy and Veterans' Rights, proposing the removal of this discriminatory clause. The appeal references draft law No. 13693, registered on August 25, 2025, concerning burial sites for fallen defenders. Anna Skrypka noted that the burial ban for convicted service members is discriminatory, emphasizing that the state should not categorize the fallen as 'worthy' or 'unworthy' of remembrance.
Outrage and Institutional Support
Olha Reshetylova expressed dismay upon learning of the discriminatory norm, stressing that lives given in defense of the homeland cannot be ranked. Currently, the National Military Memorial Cemetery continues burials at its complex in Markhalivka, Kyiv region, despite a prohibition order from the Supreme Court of Ukraine. The Third Army Corps has publicly defended the memorial cemetery, endorsing the initiative to change the law.
This initiative underscores the importance of adopting a more humane approach to burying fallen defenders, irrespective of their past.
Office of the Military Ombudsman
Amending the legislation would be a step toward fully recognizing their contribution to national defense and eliminating discriminatory norms that tarnish the memory of those who gave their lives. The issue of military burials is fraught with complex legal and ethical dimensions that require broader societal and governmental discussion.