Fines of 170 thousand hryvnias for errors in military registration put on hold — the bill stalled in the Committee
The Verkhovna Rada Committee on Law Enforcement postponed the consideration of bill No. 15115, which provides for the liability of officials for violations of the rules of military registration. The document, in particular, proposed to introduce significant fines for errors in military registration and work with the "Oberig" registry.
The bill is titled "On Amendments to Article 210-1 of the Code of Ukraine on Administrative Offenses regarding Liability for Violations of the Rules of Military Registration by Officials."
The Committee is the main body responsible for reviewing this bill, but during the first reading decided to postpone its consideration.
Why the bill on liability for errors in the "Oberig" registry caused criticism
As reported by "Judicial and Legal Newspaper", bill No. 15115 sparked serious discussion among experts and the legal community due to risks of legal conflicts and a possible increase in the number of court disputes.
The document was registered following a series of high-profile court cases regarding the illegal registration of citizens for military service, including women. The bill's initiators proposed to establish liability for officials for violations in the field of military registration and to introduce a fine of 170 thousand hryvnias.
However, the Main Scientific and Expert Department of the Verkhovna Rada pointed out several shortcomings of the document. Among the key remarks were the overly broad wording of the term "violation of the procedure for military registration," the lack of a clear definition of responsible persons, and the unresolved issue of jurisdiction over such cases.
Experts also warned that the fixed fine of 170 thousand hryvnias may contradict the principle of individualized responsibility guaranteed by the Constitution, as it does not allow for consideration of the degree of guilt or circumstances of a specific case.
The National Association of Advocates of Ukraine proposed a separate article in the Code of Administrative Offenses for officials' liability
The National Association of Advocates of Ukraine (NAAU) also criticized the bill. The NAAU noted that the current Article 210-1 of the Code of Administrative Offenses concerns the liability of conscripts and those liable for military service, not officials, so the proposed changes could create a legal contradiction.
Lawyers proposed instead to create a separate Article 210-2 of the Code of Administrative Offenses to regulate the liability of officials specifically for violations in the field of military registration.
The NAAU also emphasized that the bill does not cover a number of widespread violations, including untimely data entry into registries, incorrect determination of registration categories, and improper document storage.
What risks experts see in fines for TCR employees
Experts paid special attention to the risk of conflict of interest. Currently, protocols under Article 210-1 of the Code of Administrative Offenses are drawn up by representatives of the Territorial Centers for Recruitment and Social Support (TCR), so if the bill is adopted in its current form, TCR employees could be forced to draw up protocols against their colleagues.
Lawyers also warn that an excessively high fixed fine could create additional corruption risks and provoke a new wave of court challenges.
The further fate of bill No. 15115 remains uncertain
Following the meeting, the Committee postponed consideration of bill No. 15115. Thus, the further fate of the initiative regarding fines for errors in military registration and the operation of the "Oberig" registry remains uncertain.
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