Up to 8 years in prison for TCC for mobilizing those reserved and those not subject to conscription: when can the Rada adopt the law, and is the punishment sufficient?
Kyiv • UNN
The parliament adopted a bill that provides for criminal liability for TCC and VVK servicemen for violating mobilization and medical examination procedures. The bill is not yet on the committee's agenda, but it provides for imprisonment for up to 8 years for violations under martial law.
In March, the parliament adopted in principle a draft law that proposes to introduce liability for military personnel of the TCC for the mobilization of those reserved and those not subject to conscription, and for the Military Medical Commission (VLC) - for intentional violation of the medical examination procedure to determine the fitness of conscripts. In a comment to UNN, MP Yulia Yatsyk, a member of the Verkhovna Rada of Ukraine Committee on Law Enforcement, said that this bill is not yet on the committee's agenda, and that a meeting to consider amendments for the second reading has not yet taken place.
Details
In March of this year, the Verkhovna Rada adopted in the first reading draft law No. 12442 on criminal liability for violations of mobilization rules and medical examinations for TCC heads, and VLC heads and members.
According to the draft law, it is planned to supplement the Criminal Code with Article No. 337-1 "Violation of the procedure for conducting a medical examination (military medical examination) to determine fitness for military service based on health status."
According to the article, intentional violation of the medical examination (military medical examination) procedure to determine fitness for military service based on health status, committed by a VLC employee, which led to the conscription of a citizen for military service who has a deferment due to health reasons, shall be punishable by imprisonment for a term of 2 to 5 years.
For the aforementioned actions, committed repeatedly or by prior conspiracy by a group of persons, or under special circumstances, excluding martial law, shall 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 specified actions under martial law, the punishment will be in the form of 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.
Deputies also propose to supplement the Criminal Code with Article 462-2 "Violation by a military official of the procedure for conscripting (recruiting) citizens for military service."
Accordingly, the conscription of persons who have a deferment or reservation for military service will be punishable by official restriction for up to 2 years or detention in a disciplinary battalion for the same period, or imprisonment for up to 5 years.
For the specified actions during a special period, excluding martial law, it shall 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 - 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 permanent military medical commissions or medical flight commissions are planned to be equated with persons authorized to perform state or local self-government functions, which will allow them to be punished for illicit enrichment.
The acquisition by the aforementioned persons of assets whose value exceeds their legal income by more than 6.5 thousand non-taxable minimum incomes of citizens (over 9 million hryvnias) is a criminal offense.
The punishment for it is imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
In a comment to UNN, MP Yulia Yatsyk, a member of the Verkhovna Rada of Ukraine Committee on Law Enforcement, said that "this bill is not yet on the committee's agenda."
"The meeting to consider the amendments has not yet taken place. I will initiate an acceleration of its consideration," Yatsyk said.
People's Deputy, member of the VR Committee on National Security, Defense and Intelligence Fedir Venislavsky believes that "the main thing is not so much to strengthen responsibility, but for every fact of violations to have an adequate reaction."
"A few months ago, there was a resolution of the Cabinet of Ministers, and the Ministry (of Defense - ed.) has already obliged all TCC SP employees to have body cameras. This was precisely aimed at minimizing or making impossible any abuses by TCC SP employees," Venislavsky said in a comment to UNN.
He emphasized that "any illegal actions of officials, especially under martial law, related to mobilization, must have an adequate legal assessment by the relevant law enforcement agencies investigating these cases, in particular by the SBI."
"Do we need to increase responsibility? Well, you know, the main thing is not how strict the responsibility is, but how impossible it is to avoid responsibility. That is the main thing. The main thing is not so much, I emphasize once again, to strengthen responsibility, but for every fact of violations to have an adequate reaction. Today there are quite a lot of criminal articles of the Criminal Code that provide for responsibility for such illegal actions," he summarized his position and added that the current articles are quite sufficient to prosecute for all types of offenses and abuses.
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