Ukraine to Strengthen Liability for Violations of Mobilization Procedures: Key Details of the Draft Law

The Ukrainian Parliament has registered Draft Law No. 13393 titled “On Amendments to the Criminal Code of Ukraine and Other Legislative Acts of Ukraine Regarding the Strengthening of Liability for Violations of the Mobilization Procedure.”

The draft law proposes the following:

1. Amend the Criminal Code of Ukraine by introducing new Articles 337-1 and 337-2, which strengthen liability for officials, employees, and military personnel of Territorial Recruitment and Social Support Centers (TRSSCs) who exceed their authority. Proposed sanctions include:

• Intentional actions by the above-mentioned officials that clearly exceed their authority and cause significant harm to the rights, freedoms, or interests of individuals protected by law:

  – punishable by imprisonment for a term of 3 to 6 years, with disqualification from holding certain positions or engaging in certain activities for up to 5 years.

• Such actions committed with violence, threats of violence, use of weapons or special means, or with actions that cause physical or moral suffering or degrade human dignity (excluding torture):

  – punishable by 4 to 8 years of imprisonment, plus disqualification from holding certain positions or activities for up to 5 years.

• If the above actions result in serious consequences or are committed during martial law or a state of emergency:

  – punishable by 5 to 10 years of imprisonment.

• Violation of the procedure for conducting medical examinations (military medical evaluations) to determine fitness for military service:

  – punishable by 2 to 5 years of imprisonment.

• The same actions committed repeatedly or during a special period (other than martial law):

  – punishable by 3 to 6 years of imprisonment, with additional disqualification for 1 to 3 years.

• If committed during martial law or a state of emergency:

  – punishable by 5 to 8 years of imprisonment, with disqualification from certain positions or activities for 1 to 3 years.

2. Amend the Law of Ukraine "On Military Duty and Military Service" to require mandatory video recording of the medical examination process (military medical evaluation) for:

   • persons liable for military service,
   • active-duty servicemembers,
   • reservists,
   • individuals entering military service under contract,
   • candidates for military education (military higher education institutions and military departments),
   • cadets of military/maritime/sports lyceums,
   • and individuals discharged from military service.

The authors of the draft law believe that its adoption will help reduce social tension in society and ensure the protection of citizens' rights and freedoms during mobilization measures.