MPs want to punish Territorial Center of Recruitment and Social Support, members of MMC. What changes proposes Verkhovna Rada

Meeting of the two committees. General Staff's instructions

Back on 20 January, a joint meeting of the Security and Law Enforcement Committees of the Verkhovna Rada was held to discuss the protection of citizens' rights and freedoms during mobilisation activities.

The Chief of the General Staff, Lieutenant General Anatoliy Barhylevych, addressed the law enforcement committee. He proposed to increase administrative and criminal liability of officials of the TRC and JV and personnel of the Military Medical Commission for improper performance of their duties.

Member of the Law Enforcement Committee Oleksandr Bakumov (Servant of the People) said that the joint meeting recognised that the basic law on mobilisation was not working. 

"Instead of a registration system, proper notification of mobilisation, administrative decisions, fines, enforcement proceedings and other legal measures for offenders, we have roadblocks, blocking of city roads for everyone, busing, etc. A representative of the Ombudsman's Office aptly called it chaos during the meeting," the MP said.

As a result of the joint meeting, a consensus was reached that those authorised to carry out mobilisation activities should take off their balaclavas, identify themselves and show their service IDs at the request of a citizen, and not involve SBU officers in mobilisation activities.

"Any actions aimed at restricting the rights and freedoms of citizens must be carried out by the police in accordance with the law. The Committees will send inquiries to ministries, law enforcement agencies and law enforcement agencies, and after receiving the answers, we will schedule another meeting," Bakumov promised.

What is proposed to be changed?

The draft law proposes to expand the Criminal Code with two new articles and a note to the current one:

• Article 3371 of the Criminal Code establishes criminal liability for violation of the procedure for medical examination (military medical examination) to determine fitness for military service;
• Article 4262 establishes criminal liability for violation by a military official of the procedure for conscription (acceptance) of citizens for military service;
• supplement paragraph 1 of Article 368-5 of the Criminal Code of Ukraine - on criminal liability for illicit enrichment for the heads, deputy heads, members and secretaries of MMCs.

The proposed amendments introduce criminal liability:

• For the heads and members of the MMCs for intentional violation of the medical examination procedure. If such actions resulted in the conscription of a citizen who is not subject to such conscription, they will be punished by imprisonment for a term of two to five years. And under martial law - for a term of three to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of one to three years;
• "for military officers of the TRC JV" (as it is written in the draft) for violating the procedure for conscription of a citizen who is not subject to conscription. Or, for the illegal exemption of a citizen from conscription, there will be a service restriction for up to two years or detention in a disciplinary battalion for the same period. Or imprisonment for a term of up to five years, or in martial law - for a term of three to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of one to three years;
• for chairpersons, their deputies, members and secretaries of the TRC for illicit enrichment. That is, for the acquisition of assets worth more than 65,000 tax-free minimum incomes in excess of legitimate income (as of 2025, more than UAH 9,841,000).

What lawyers, TRC employees and the military say

Lidiya Karplyuk, a partner at Leshchenko, Doroshenko and Partners, said in a commentary to LB.ua that the document contains a collision.

"Can the military personnel of the TRC and JV be considered military officials, as stipulated in the draft law? After all, Article 425 of the Criminal Code states that military officers are military commanders. As well as other servicemen in positions with organisational, administrative or economic duties. Or those who perform such duties by special order of the authorised command. It is doubtful whether all military personnel of the TRC and JV have such duties. Therefore, not every serviceman of the TRC and JV can be held liable for violating the conscription procedure if this version of the law is adopted," the lawyer warned.

Alyona Michurina, an attorney at Pragnum, told LB.ua that there are doubts whether the proposed rules will work in practice, as criminal actions of the TRC and JVs and members of the MMC are usually complex. 

"They may include forgery of documents, forgery in office, obtaining illegal benefits, money laundering, interference with information systems, etc. Accordingly, the investigation of such crimes is a large-scale and painstaking work that is hardly within the power of a single investigator in the case,’ explains Alyona Michurina.

Secondly, according to the lawyer, in such cases it is problematic to prove the intent of the TRC or MMC employees. The courts require direct evidence of such intent: records of the person's discussions of the circumstances of preparation for the crime, its direct commission, as well as concealment or disguise, records of the person's own planning of the crime, etc.

From February 2022 to July 2023, serviceman Dmytro, 33, was responsible for notification and mobilisation at the TRC of a large city in Central Ukraine. However, in the summer of 2023, he voluntarily transferred to a combat unit of the Marines. 

Dmytro explains this step by the fact that people in the TRC "are always looking at the military, saying that you are not like that. Constant insults and questions: ‘Why aren't you in Bakhmut? Why are you sitting here in your office, writing something to me, and you have not been there?’", Dmytro recalls. 

He also told LB.ua that the work at the TRC had actually stopped a long time ago. 

"And if such a law on criminal liability for TRCs and JVs is passed, it will be a direct threat to mobilisation. Recruitment centres account for about 4 per cent of the total number of people mobilised. Deputies write such laws because they are playing along with the part of the population that does not want to serve and evades. MPs simply want to please the majority of their voters," says Dmytro.

Oleksandr Matyash, a soldier, also agrees that MPs are playing along with the part of society that wants to avoid mobilisation. 

"Unfortunately, a person who evades the draft is supported by many people. All this is fuelled by the Russian PSYOP. At the same time, the state does not protect its defenders, those who serve in the TRC and JV. After all, there are former wounded soldiers serving there, with limited fitness. If they want to apply criminal liability to them, they will simply stop doing their job, and that's it. And who will do this work? We already have problems with mobilisation,’ he told LB.ua.

Matyash is at the positions and later added in a voice message:

"We have just talked to the guys about this law. It is important: only another soldier has the right to qualify the actions of a soldier. Therefore, anyone who accuses the TRC and JV of any actions should first be drafted into the army. And then he can assess the actions of the TRC and JV employees. That's all."

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While the law has not yet been voted on, rules for dealing with persons liable for military service will be written for employees of the shopping malls. This will be done by the end of February, the Land Forces Command of the Armed Forces of Ukraine promised.