Up to 8 years in prison for military commissariats for mobilizing conscripts and those not subject to conscription: bill submitted to the Rada

A group of MPs has registered a draft law in the Verkhovna Rada that proposes to introduce liability for military personnel of the TCC for mobilizing reservists and those not subject to conscription, and for the MEC for intentional violation of medical examination to determine the fitness of persons liable for military service. This is reported by UNN with reference to the card of the bill No. 12442.

Details

According to the draft law, it is planned to supplement the Criminal Code with Article 337-1 "Violation of the procedure for conducting a medical examination (military medical examination) to determine fitness for military service".

According to the article, an intentional violation of a medical examination (military medical examination) to determine fitness for military service committed by a military medical examination board employee, which resulted in the call-up of a citizen for military service who has a medical deferment, will be punishable by imprisonment for a term of 2 to 5 years.

The aforementioned actions, committed repeatedly or by prior conspiracy by a group of persons, or in a special period other than martial law, will be punishable by imprisonment for a term of 3 to 6 years with disqualification to hold certain positions or engage in certain activities for a term of 1 to 3 years.

For these actions under martial law, the penalty will be 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 deputies also propose to supplement the Criminal Code with Article 462-2 "Violation of the procedure for conscription (acceptance) of citizens for military service by a military official".

Accordingly, conscription or reservation of persons who have a deferment will be punishable by service restriction for up to 2 years or detention in a disciplinary battalion for the same period, or imprisonment for up to 5 years

These actions during a special period, except for martial law, will be punishable by imprisonment for a term of 3 to 6 years with deprivation of the right to hold certain positions or engage in certain activities for a term of 1 to 3 years.

For the above actions under martial law, the penalty is 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.

In addition, the heads, their deputies, members, and secretaries of non-staff permanent military medical commissions or medical flight commissions are planned to be equated with persons authorized to perform the functions of the state or local self-government, which will allow them to be punished for illicit enrichment.

The acquisition by the above-mentioned persons of assets worth more than 6.5 thousand tax-free minimum incomes (over UAH 9 million) exceeding their legitimate income is a criminal offense.

It is punishable by imprisonment for a term of five to ten years with disqualification to hold certain positions or engage in certain activities for up to three years.

The explanatory note states that the measures taken to control the work of the TCC revealed cases of conscription of citizens who were not subject to conscription in accordance with the law, unjustified deferments, non-prosecution of persons evading conscription, failure to report to the pre-trial investigation body 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 military personnel.

"This negatively affects the fulfillment of the tasks of manning the Defense Forces 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 undermines public confidence in state institutions and creates a negative attitude towards the mobilization process. In order to clearly define at the legislative level the composition of criminal offenses committed by these special subjects, as well as to increase the responsibility of certain officials, proposals have been developed to amend the Criminal Code of Ukraine," the note says.

Recall

The Verkhovna Rada Committee on Law Enforcement is planning to develop a draft law on bringing officials of territorial recruitment and social support centers (RSCs) to justice for abuse of power. The future document will also provide for the liability of CSC employees for violating the procedure for mobilizing persons liable for military service.

Subsequently, the Rada statedthat a new draft law on the liability of TCC employees for violating the mobilization order was being developed in parliament.