Illegal mobilization: up to 8 years in prison for officials of the Military Commissariats and Military Police – VRU adopts bill

The Verkhovna Rada of Ukraine adopted in the first reading draft law No. 12442, which provides for criminal liability for officials of the Military Commissariats and Military Police for illegal mobilization. The perpetrators face up to 8 years in prison.

What will they punish for?

Officials of the TCC will be liable for violation of the conscription procedure if it led to the mobilization of those who are not subject to service. Liability is also envisaged for the opposite actions, when the actions of the employees of the TCC lead to illegal evasion of military service.

Members of the MEC may receive a prison sentence for false medical reports that contributed to illegal conscription or exemption from conscription due to health reasons. Thus, if sick persons are recognized as «fit» and physically and mentally healthy persons as «unfit», criminal liability will ensue.

What is the punishment?

Military doctors who deliberately violate the medical examination procedure will receive 3 to 8 years in prison. They may also be banned from certain positions for 1 to 3 years.

Employees of the TCC who illegally conscripted or exempted someone from mobilization during martial law face the same sentence – 3 to 8 years in prison with additional work restrictions.

To this end, two new articles are proposed to be added to the Criminal Code:

• 337-1 ─ «Violation of the procedure for conducting a medical examination (military medical examination) to determine fitness for military service»;
• 426-2 ─ «Violation by a military official of the procedure for conscription (acceptance) of citizens for military service».

Why is it important?

Recently, there have been more cases of TCCs using violence, obstructing lawyers and setting up roadblocks without proper documents. Also, sometimes TCCs mobilize people who are not subject to mobilization. For example,TCCs forcibly mobilized employees of communication providers even with booking documents. Otherwise the reservist canceled his mobilization through the court — he was already in service.

There were also numerous complaints when people with significant health problems were mobilized based on the results of the ambulance.

If the law is finally adopted in its current form, the penalties for illegal mobilization will become harsher, and those responsible for such actions will not be able to avoid responsibility.

Source: Judicial and legal newspaper