35 deaths and thousands of complaints: can the Verkhovna Rada stop the TRC from exceeding its powers

35 fatal cases on the territory of the TRC and tens of thousands of complaints about isolation from the outside world have forced legislators to act. The new draft law No. 15303 introduces direct criminal liability for "busification" and the execution of knowingly illegal orders during mobilization for the first time.

As reported by the "Judicial and Legal Newspaper" on June 8, a draft law No. 15303 was registered in the Verkhovna Rada of Ukraine, which proposes to amend Article 146-1 of the Criminal Code of Ukraine "Forced disappearance," adapting it to the realities of martial law and mobilization processes.

Although the accompanying documents were not immediately published on the official website of the Verkhovna Rada of Ukraine, the text of the draft project published by the author has already sparked active discussion in the professional community. The main goal of the draft law is to stop the practice of "busification" and to bring mobilization procedures into compliance with the requirements of the Constitution of Ukraine and current legislation.

Statistics on incidents

The need to adopt the draft law is caused by the urgent necessity to protect constitutional rights. In the explanatory note, the author provides statistics on offenses currently scattered among general articles of the Criminal Code concerning abuse of power or torture:

There are reports of 35 fatal cases that occurred on the territory of the TRC or shortly after conscription, related to stress or lack of medical assistance.

There are reports of 20 suicide attempts related to psychological pressure and isolation.

180 cases of bodily injuries of moderate and severe severity, including fractures and concussions, resulting from the use of physical force.

There are also reports of tens of thousands of complaints about illegal confiscation of phones and complete isolation from the outside world.

The explanatory note also mentions about 450 criminal proceedings opened by the State Bureau of Investigation against TRC officials for crimes that currently lack a special qualifying norm.

New version of Article 146-1 of the Criminal Code

The draft proposes to restate Article 146-1 of the Criminal Code of Ukraine under the new title "Forced disappearance." Now, representatives of the state are understood as officials of Ukraine, as well as any persons acting with the consent or support of government bodies.

Arrest or detention with subsequent refusal to acknowledge this fact or concealment of the person's whereabouts will be punishable by imprisonment for a term of 3 to 5 years.

Criminally punishable acts include:

• Forced detention of a person in the MCC, assembly points, or military units without legal grounds.
• Detention of citizens beyond the legally established term of administrative detention (which is generally 3 hours).
• Forced confiscation of mobile phones or other restrictions on access to communication means.

These actions are punishable by imprisonment for a term of 5 to 7 years.

Liability for orders

The draft law introduces personal responsibility for leaders, namely heads of the MCC and assembly points.

Issuing an order that led to unlawful detention or delivery of a person will be punishable by imprisonment for a term of 5 to 8 years.

A note to the article explicitly states that executing a knowingly illegal order does not exempt the executor from criminal liability.

If the illegal detention is committed against a minor, a group of persons, or combined with violence dangerous to life, or "cruel, inhuman treatment," the punishment increases to 7–12 years imprisonment.

Unfortunately, the draft may face resistance from law enforcement agencies, as it directly affects the activities of bodies responsible for the mobilization resource. Many TRCs currently ignore the terms of administrative detention, and criminalizing exceeding this term even by an hour will create thousands of potential defendants among officials.

Draft Law No. 15303 is intended to be a tool that will make every TRC representative remember that human rights are not suspended by martial law, and an illegal order will not protect from a real sentence of 12 years.

The prospect of adopting this draft law, like any initiative concerning the TRC and mobilization processes, is one of the most complex issues in the current political and legal field. On the one hand, the figures in the explanatory note demand immediate reaction from the Rada; on the other hand, defense needs impose strict limits.

35 fatal cases and 180 facts of bodily injury are no longer just numbers but a marker, ignoring which undermines the legitimacy of the mobilization institution itself and reduces overall trust in the Armed Forces of Ukraine. Opponents will appeal to the principle of proportionality of punishment. In addition, the wording regarding "forced disappearance" or "illegal detention" will require an extremely complex evidentiary base in courts, which may turn the law into a purely declarative one.

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