Illegal mobilization may lead to imprisonment: up to 8 years in prison prepared for TRC employees and MMC members
For illegal decisions during mobilization, heads and employees of territorial recruitment and social support centers, as well as heads and members of military-medical commissions, may face criminal liability.
This concerns cases when, due to violations of established procedures, persons who are not subject to mobilization are conscripted into military service, or conversely — citizens are illegally exempted from conscription.
The Verkhovna Rada Committee on Law Enforcement has already supported legislative changes that provide for punishment in the form of imprisonment for up to eight years for such actions.
Thus, the parliament is recommended to adopt in the second reading and in general the draft Law No. 12442 on amendments to the Criminal Code of Ukraine regarding the introduction of criminal liability for violations of legislation on defense, mobilization preparation, and mobilization committed by heads of territorial recruitment and social support centers, as well as heads and members of military-medical commissions.
What responsibility is proposed for TRC employees and MMC members
The draft law provides for establishing criminal liability for officials of TRC and social support, as well as heads and members of MMC, for violations of the conscription procedure and conducting military-medical examination.
The document proposes to supplement the Criminal Code of Ukraine with new articles 337-1 "Violation of the procedure for conducting a medical examination (military-medical expertise) to determine fitness for military service based on health status" and 426-2 "Violation by a military official of the procedure for conscription (acceptance) of citizens for military service."
What MMC members can be punished for
In particular, for heads and members of military-medical commissions, criminal liability is proposed for intentional violation of the procedure for conducting medical examinations when determining fitness for military service, if such actions led to the conscription of a citizen who was not subject to mobilization due to health reasons, or to illegal exemption of a citizen from conscription or discharge from military service due to health reasons.
When TRC officials will be held accountable
For officials of territorial recruitment and social support centers, the draft law provides liability for violations of the procedure for conscription of citizens for military service if this led to the conscription of a person who was not subject to conscription or to illegal exemption from conscription.
For such actions committed under martial law, heads and officials of TRCs, as well as heads and members of MMC, may face punishment in the form of imprisonment from three to eight years.
In addition, additional punishment is provided in the form of deprivation of the right to hold certain positions or engage in certain activities for a period of one to three years.
Draft Law No. 12442 is being prepared for final adoption
Recall that on March 12, the Verkhovna Rada supported draft Law No. 12442 in the first reading. Now, after the recommendation of the Verkhovna Rada Committee on Law Enforcement, the document must be submitted to the parliament for consideration and adoption in the second reading and in general.
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