The Executive Branch has proposed to the Congress of the Republic a law to regulate the training, rank, obligations and discipline of professional reserve officers, seeking to strengthen National Defense and remedy legal deficiencies in the current regulatory framework.
The bill N°9818/2024-PE presented seeks to remedy these regulatory deficiencies. It proposes to establish the nature and functions of professional reserve officers as an honorary human resource for the Armed Forces, destined to serve in situations of national emergency or risk to security.
It also sets clear requirements to access this condition, such as Peruvian nationality, professional degree, physical and psychological aptitude, and the absence of judicial or criminal records.
In addition, the proposal includes a detailed disciplinary regime that classifies infractions as minor, serious and very serious, establishing proportional sanctions ranging from warnings to definitive discharge from service.
It also develops a promotion process based on objective criteria such as length of service, professional performance and compliance with established requirements. As for calls, specific procedures are defined for participation in military activities, ensuring greater transparency and effectiveness, the initiative details.
Problems
The current regulatory framework, contained in Law No. 31342, which regulates the status of professional reserve officers, presents legal gaps and difficulties of application, according to evaluations by the Ministry of Defense and the Armed Institutions.
Among the main deficiencies identified are the lack of a clear disciplinary regime, ambiguous promotion processes and the absence of specific mechanisms for calls.
According to the Executive, these limitations have hindered the integration of professional civilians into the national defense system, as well as their effective participation in emergency situations.
Rationale and statement of reasons:
The initiative responds to the constitutional mandate to guarantee a comprehensive and permanent National Defense, as established in articles 163 and 168 of the Constitution.
As the Executive points out, the new regulations seek to attract specialized professionals who contribute to strengthening the capabilities of the Armed Forces and improving their response in contexts of national emergency.
This voluntary link between professional civilians and the military is proposed as a strategy to promote a positive image of the Armed Forces and guarantee an effective connection with the citizenry.
In this sense, the bill establishes a complete regulatory framework that regulates the training, linkage, obligations and rights of professional reserve officers, they detail.
Likewise, the Executive mentions that the clarity in the disciplinary, promotion and call-up procedures, together with the specific requirements for participation, seeks to guarantee an effective and orderly incorporation of these officers in activities linked to National Defense.
In addition, the ad honorem nature of the service ensures that this regulation will not generate additional costs for the public budget.
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(END) OPG / MDV
Published: 12/30/2024