For helping a fugitive to escape from Ukraine, they promise up to nine years in prison. What is known?
5 March 20:15
MPs have decided to declare war on those who illegally smuggle Ukrainians of military age across the border. Namely, to imprison them for up to 9 years in a penal colony without the right to apply a probationary sentence or its mitigation, as stated in the draft law No. 13014-1. This is because the current penalty is insufficient, and perpetrators often get off with a fine. Who will be subject to this tightening and whether this measure will be able to stop the flow of men who want to leave Ukraine illegally, was analyzed by
As of today, according to Article 332 of the Criminal Code of Ukraine, illegal transportation of persons across the state border, organization of illegal transportation, management of such actions or facilitation of their commission by advice, instructions, provision of means or removal of obstacles is punishable by imprisonment for a term of 3 to 5 years.
At the same time, the court may mitigate the punishment or impose a suspended sentence.
And the MPs propose to strengthen the article by adding that if such actions are committed in “conditions of martial law or a state of emergency,” the punishment should be higher, namely 7 to 9 years in prison with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years, with confiscation of property. And to prohibit courts from imposing a lighter sentence, taking into account the circumstances and the personality of the perpetrator, and to prohibit courts from imposing a sentence with a probationary period.
The same draft law also mentions the fugitives themselves and proposes that courts prohibit mitigating the punishment under Article 336 of the Criminal Code for evading mobilization.
It would be interesting if the deputies decided to stipulate that illegal crossing of the border is not only across the Tisza or through fields and forests, but also through checkpoints, but without the appropriate documents or on documents containing false information about the person, and also without the permission of the relevant authorities.
The draft law is really interesting, because if it is adopted, those MPs who have helped in return for money may also suffer.
Officials, the military and doctors will be subject to criminal charges
The draft law is interesting because it covers not only border residents who organize “tours,” but also various officials and even MPs, explains lawyer Valentyn Serikh.
“In fact, the MPs propose to deprive TCC employees, doctors of the VLC, MSEC, law enforcement officers and others who issue false documents of their easy income. Those who help people to leave the country by all possible means. And what is significant is that they themselves fall under this responsibility. After all, there have been so many scandals involving MPs and their assistants helping Ukrainians leave the country, some under the guise of a volunteer, some under the guise of their own driver, and so on. This is one of the stable sources of income, where on average a one-way trip from Ukraine costs around 10 thousand dollars. Well, let’s see if they will be able to give it up and vote for this bill,” says Valentyn Serikh.
Last year, the State Bureau of Investigation detained 120 officials on suspicion of organizing schemes to illegally transport people liable for military service abroad. They falsified diagnoses, registered “clients” as volunteers and drivers of humanitarian goods, removed them from military registration by opening fictitious criminal cases, issued “fake” certificates of childbirth, or married women with disabilities.
The amount of documented bribes alone amounted to UAH 11 million 400 thousand. The property of the defendants, including employees of the TCC, MSEC, doctors and law enforcement officers, worth almost UAH 11 million, was seized from them. And even 61 proceedings have been sent to court. However, we can’t expect a serious verdict. Traditionally, they will all get off with a fine or a suspended sentence, and even their property will remain with them.
Tens of thousands of fugitives caught at the border
As reported by
At the same time, as border guards admit, people try to cross the border in small groups or alone, mostly on the border with Moldova and Romania. However, they use forged documents or travel in the back of a truck to cross the border with Poland.
“The influx of ‘tourists’ is expected to increase with the warming. Not many people risk crossing mountains, forests, and rivers in winter, in cold and bad weather. After all, since 2022, more than 40 thousand protocols have been drawn up against people who have tried to cross the border. Some of them repeatedly. There was a record holder who was caught three times. And even thirty smugglers were convicted,” emphasizes Andriy Kovalenko, an employee of the State Border Guard Service.
In fact, illegal crossing or attempted illegal crossing of the state border is an administrative offense. It is punishable by a fine of UAH 3,400 to 8,500. But there are nuances. “Evaders” can be prosecuted under Article 335 of the Criminal Code – “Evasion of conscription for regular military service, military service by conscription of officers” – and 1590 people were caught at the border.
Without the “Way“
In the meantime, one loophole for relatively legal travel abroad, but without returning, has already been closed. on February 28, the Cabinet of Ministers terminated the Shlyakh system for drivers transporting medical and humanitarian supplies.
“Now such drivers must have other grounds for crossing the border, as the Ministry of Community and Territorial Development and regional military administrations will not enter drivers into the Shlyakh system. Additionally, the government has instructed the Ministry of Social Policy, together with the Ministry of Defense, to develop a mechanism for the departure of men liable for military service to receive humanitarian aid,” the Cabinet of Ministers press service said.
This is because many so-called volunteers have left and stayed abroad. And a number of foundations and organizations have taken thousands of conscripts under the guise of volunteers. And no one has yet counted how many men of military age left and never returned.
Author: Alla Dudina
