Ukraine proposes to imprison TCC employees for illegal mobilization: what terms will be imposed on perpetrators
19 February 16:36
On February 19, the Verkhovna Rada Committee on Law Enforcement recommended that the draft law on the responsibility of the Military Commissariat for illegal mobilization of citizens be adopted in the first reading. This was reported by "Komersant Ukrainian" with reference to a post on the Committee’s official Facebook page.
The bill in question is draft law No. 12442 “On Amendments to the Criminal Code of Ukraine on the Introduction of Criminal Liability for Violations of the Law on Defense, Mobilization Preparation and Mobilization Committed by Heads of Territorial Recruitment and Social Support Centers, Heads and Members of Military Medical Commissions.” It was submitted to the Verkhovna Rada on January 27, 2025.
The draft law was initiated by a group of MPs, including Heorhiy Mazurash, with the support of the General Staff of the Armed Forces of Ukraine. The document aims to strengthen control over the mobilization process and prevent cases of illegal conscription or exemption from military service.
In the explanatory note, the authors of the draft law explain the need for its adoption by parliamentarians by the fact that in Ukraine there have been repeated cases of conscription of citizens who were not subject to such conscription in accordance with the law, unjustified deferrals, non-prosecution of persons evading conscription, failure to report a criminal offense by citizens who did not report for deployment as part of teams, etc. In addition, there are frequent cases of violations of the procedure for conducting medical examinations to determine fitness for military service by officials of military medical commissions, which leads to violations of citizens’ rights, evasion of military service or illegal dismissal of servicemen from military service.
They note that such trends have a negative impact on the fulfillment of the tasks of manning the
Defense Forces with personnel and directly affects the ability of the troops (forces) to perform combat missions to repel the armed aggression of the Russian Federation, as well as undermine public confidence in state institutions and form a negative attitude towards the mobilization process.
Therefore, MPs propose to add a new Article 426-2 to the Criminal Code of Ukraine. It provides for the establishment of liability for violation of the procedure for conscription of citizens for military service, which led to illegal conscription or dismissal. In such a case, the officials of the TCC face service restriction or detention in a disciplinary battalion for up to 2 years or imprisonment for up to 5 years. And under martial law, offenses under the new article may result in imprisonment for a term of 3 to 8 years with a 1 to 3 year disqualification to hold certain positions.
