Criminal liability for TCC: MPs propose serious penalties, including imprisonment
13 June 16:09
ANALYSIS FROM 
MP Oleksiy Honcharenko has submitted a draft law to the Verkhovna Rada that proposes to prosecute and imprison employees of territorial recruitment centers (TCCs) who use physical force against persons liable for military service. This is not the first draft law to punish employees of recruiting centers, who are still, to put it mildly, allowed to abuse their authority. What kind of punishment is proposed for employees of the TCC and what are the prospects for such legislative initiatives – in the article "Komersant Ukrainian".
MP Goncharenko proposes to add a new article to the Criminal Code that would provide:
Failure to call an ambulance or untimely call an ambulance while in the premises or on the territory of a busiest shopping center shall be punishable by a fine of 100 thousand subsistence minimum incomes (UAH 302,800), or correctional labor for up to 2 years, or imprisonment for a term of 2 to 4 years if it caused negative consequences and permanent disability of a person by more than 25%; or imprisonment for up to 3 years if it led to the death of a person;
The use of physical force, destruction or damage to property by an official or a member of the CCC during mobilization activities is punishable by a fine of 100 thousand (UAH 302,800) to 250 thousand (UAH 757,000) of the minimum subsistence level, or correctional labor for up to 2 years, or imprisonment for up to 2 years with compensation for damages, a reduction in rank by 1 level and a ban on holding certain positions for 1 to 3 years (or without such a ban).
Threatening to kill or inflict bodily harm or beatings by an official or a member of the CCC during mobilization is punishable by restraint of liberty for 1 to 3 years or imprisonment in a disciplinary battalion for up to 2 years if it led to negative consequences and complete disability of the person with compulsory compensation for treatment; or imprisonment for 3 to 7 years and a reduction in rank by 1-3 steps with a ban on holding certain positions for up to 3 years, or deprivation of rank and a ban on holding certain positions for a period of 3 to 5 years.
And the cart is still there
This is not the first such bill. Back in March, MPs approved another one in the first reading. According to its author, Oleksandr Bakumov, the TCC employees do not have the right to use force, special means or weapons. Only the National Police and other law enforcement agencies have these powers.
Any use of force or weapons by the TCC is illegal and inadequate. Military formations cannot be used to restrict the rights and freedoms of citizens,” the MP emphasized.
“Violation of the procedure for conducting a medical examination (military medical examination) to determine fitness for military service” (Article 337¹ of the Criminal Code), the MP proposes to punish with imprisonment from 2 to 5 years for intentional violation of the procedure, which led to the conscription of an unfit citizen or to illegal dismissal. The maximum sanction is up to 8 years in prison.
Article 426² “Violation by a serviceman of the procedure for conscription (acceptance) of citizens for military service” also provides for punishment for violation of the procedure that led to the conscription of a citizen who was not subject to mobilization or to illegal dismissal – upto 8 years in prison.
Rules for the TCC, but without results
However, the draft law has not yet reached the second reading. And while the legislation is stalling, the military themselves decided to create “rules of behavior and communication for the military personnel of the TCC during mobilization activities,” but this did not yield any visible result.
These rules relate primarily to communication with persons liable for military service during notification, registration, etc.
The main thing is respect for citizens, observance of the rules of politeness, and correct behavior. To reduce all this negativity,” said Vitaliy Sarantsev, spokesman for the Land Forces Command of the Armed Forces of Ukraine.
Crimes without punishment
However, according to the lawyers, it is noticeable that the TCC employees do not follow these rules and are not held accountable for their illegal actions.
But civilians who resist illegal actions are punished.
The only criminal cases against TCC employees are mostly bribery cases. What was the punishment for someone who repeatedly hit a teacher in the stomach with an armored car in Kharkiv? He was sent to the front line. Only after the intervention of the public and the mayor did they open a criminal case. But the article “hooliganism” is probably a suspended sentence. And he is not responsible as an official, although he was on duty,” says lawyer Valentyn Serkov.
According to lawyer Roman Lykhachov, unscrupulous employees of the TCC often avoid responsibility, although this is directly within the competence of the SBI.
According to court practice, any illegal detention, even with the use of force, poor-quality or no qualification examination is not a ground for canceling mobilization. There are violations, but mobilization is not canceled – this is how the Supreme Court ruled. It is very difficult to prove the illegal actions of the TCC because of the lack of video recording. In the premises of the TCC, they take away phones, prohibit filming, and they do not wear body cameras, although this is already prescribed in the rules of the Armed Forces,” explains Likhachev.
Lawyers emphasize that MPs want to “jump over their heads” instead of writing effective, working laws that will actually ensure responsibility and legal protection of citizens.
Author – Alla Dunina
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