From 3 to 8 years: employees of the TCC and MLC will be responsible for violations during mobilization
12 March 2025 12:35
The Verkhovna Rada has supported in the first reading the draft law “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.” This was reported by MP Yaroslav Zheleznyak, according to "Komersant Ukrainian".
According to him, 273 MPs supported the bill in the first reading with their votes.
The bill establishes criminal liability for:
– the heads and members of the Military Qualification Commission for intentional violation of the procedure for conducting a medical examination (military medical examination) to determine fitness for military service, which led to both illegal conscription of citizens for military service and their evasion (exemption) from military service (new Article 337-1 of the Criminal Code).
During martial law, such officials will face imprisonment for a term of 3 to 8 years with deprivation of the right to hold certain positions or engage in certain activities for a term of 1 to 3 years;
– officials of the territorial centers for recruitment and social support for violation of the procedure for conscription of citizens for military service, which led to their intentional conscription or evasion from military service (new Article 426-2 of the Criminal Code).
For such actions committed under martial law, they will face imprisonment for a term of 3 to 8 years with deprivation of the right to hold certain positions or engage in certain activities for a term of 1 to 3 years.
The scope of subjects of the corruption criminal offense under Art. 368-5 (“Illegal enrichment”) of the Criminal Code is also expanded by mentioning in paragraph 1 of the note to the said provision the heads, their deputies, members and secretaries of freelance permanent military medical commissions or flight medical commissions.
It is also reported that two alternative draft laws were submitted to the draft Law of Ukraine introducing criminal liability for violation of the legislation on defense, mobilization preparation and mobilization (Reg. No. 12442), which have a common goal, and some provisions are similar in content and duplicate the relevant provisions of the main draft. The Committee decided to reject them.
Business supports increased liability for violations of mobilization legislation
In its statement, the European Business Association emphasized that “after strengthening the responsibility of business for mobilization processes, this draft law is a logical continuation of the reform of mobilization legislation, as increased responsibility should be imposed on all parties to the process.”
According to business representatives, the adoption of the draft law can help balance the public administration system and create transparent and fair conditions for all parties, prevent corruption, and guarantee stable operation and predictability of production processes for businesses critical to the economy.
As a reminder, the draft law that provides for criminal penalties for employees of territorial recruitment and social support centers and military medical commissions for violations during the mobilization process was registered in the Verkhovna Rada on January 27.
According to one of the authors of the bill, MP Oleksandr Gorenyuk, the proposed draft law guarantees that all mobilization and medical examinations will be conducted transparently and within the law. According to the MP, this document is also aimed at combating corruption and violations that undermine public trust in institutions.
