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Rada adopts draft law to increase liability for military offences

The draft law provides for new articles on violations of military registration, as well as criminal liability for refusal to undergo a medical examination during mobilisation. 

Rada adopts draft law to increase liability for military offences
Photo: rada.gov.ua

On 10 April, the Verkhovna Rada adopted as a basis amendments to the Code of Administrative Offences and the Criminal Code to increase responsibility for military offences (draft law 10379). This was reported by MP Iryna Herashchenko. 

The purpose of the draft law is to improve administrative and criminal liability for violations of the legislation on defence, military duty and military service, mobilisation training, taking into account the requirements of martial law.

The draft law provides for: 

  • New articles on violations of military registration.
  • The terms of administrative liability and administrative detention have been extended.
  • The bill introduces criminal liability for refusing to undergo a medical examination during mobilisation.

It is proposed to increase the amount of fines and the duration of administrative detention.

The minimum fine for violations under these articles will be UAH 8,500 (compared to UAH 510 previously), and the maximum fine will be UAH 204,000 (compared to UAH 8,500 previously).

Violators will be able to be detained for up to three days.

Stricter sanctions for violations of military registration than for some military offences, such as desertion, are established.

It is proposed to equate the refusal to undergo a medical examination with evasion of conscription during mobilisation.

Herashchenko said that 254 MPs voted in favour: Servants of the People party, Opposition Platform - For Life and a part of Voice. Servants gave 187 votes to toughen the penalty for military medical commission (with a prison term). 

The explanatory note to the draft law states that it is proposed to amend the Code of Ukraine on Administrative Offences and the Criminal Code of Ukraine, in particular

- Increasing fines for violating the rules of military registration and legislation on defence, military duty and military service, mobilisation training and mobilisation;

- introduction of a mechanism by which a protocol is not drawn up in case of administrative offences committed during a special period, the consideration of which is referred to the territorial centres of recruitment and social support, if the person does not appear without valid reasons or without giving reasons for not arriving at the call of the territorial centres of recruitment and social support, having been duly notified of the date, time and place of the call, and if the territorial centres of recruitment have supporting information about

- introduction of the possibility to detain persons who violated the legislation on defence, military duty and military service, rules of military registration, mobilisation preparation and mobilisation for up to three hours during a special period for drawing up a protocol, and, if necessary, for identification and/or clarification of the circumstances of the offence - up to three days;

- supplementing the criminal offence of evading conscription for military service during mobilisation, for a special period, for military service by conscription of persons from among the reservists during a special period with the element "including refusal to undergo a medical examination". 

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