Unfortunately, the war in Ukraine has been going on for over 4 years, continuing due to the fact that the Verkhovna Rada has extended martial law and general mobilization for 3 months. This is because there is a need for further mobilization measures throughout the territory of Ukraine to ensure its security and territorial integrity.
It is in this regard that violations by officials of territorial recruitment and social support centers (TCK and SP), as well as members of military medical commissions (VLK), are increasingly being reported and recorded.
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In this regard, the legislator proposed to amend the Criminal Code of Ukraine in order to introduce more severe penalties for those who fail to comply with legal rules and procedures in the process of carrying out mobilization activities of citizens.
What changes are proposed, how to bring employees of the CCC and the Joint Venture or members or heads of the VLK to criminal liability, and what criminal terms they may face, we analyze below in our material.
Draft law on criminal liability for violations for the CCC and VLK
At the initiative of the people’s deputies, the Draft Law No. 12442 of January 27, 2025 on amendments to the Criminal Code of Ukraine regarding the introduction of criminal liability for violations of the legislation on defense, mobilization training and mobilization committed by heads of territorial recruitment and social support centers, heads and members of military medical commissions was submitted and voted on in the first reading.
The above-mentioned Bill No. 12442 has already been submitted for second reading, and if adopted in its current form, it will introduce criminal liability for illegal actions by the CCC or the VLK in the procedure for mobilizing men for military service.
Article 337-1 criminal liability for violation of the VLK procedure (up to 8 years of imprisonment)
Namely, under the new Article 337(1) of the Criminal Code of Ukraine, criminal liability is introduced for Violation of the procedure for conducting a medical examination (military medical examination) to determine fitness for military service .
Thus, intentional violation of the procedure for conducting a medical examination (military medical examination) to determine the health suitability for military service , committed by a person authorized to conduct such a medical examination (military medical examination), which resulted in the conscription of a citizen to military service who is not subject to such conscription (acceptance, referral) due to health in accordance with the law, as well as resulted in the exemption from conscription (acceptance, referral) of a citizen or the release
of a citizen from military service due to health, shall be punishable by imprisonment for a term of two to five years.
The same act as described above, committed repeatedly or by prior conspiracy by a group of persons, or under special conditions, other than martial law, is punishable by imprisonment for a term of three to six years with deprivation of the right to hold certain positions or engage in certain activities for a term of one to three years.
The actions provided for in the description above under part one or two of this article, committed under
martial law , are punishable by imprisonment 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.
Article 426-2 criminal liability for violation of the procedure for mobilization of the CCC and SP (up to 8 years of imprisonment)
It is proposed to add Article 426(2) to the current articles of the Criminal Code for Violation by a military official of the procedure for conscription (admission) of citizens for military service.
Liability introduced by Article 426-2 for employees of the CCC and the SP for Violation of the procedure for conscription (admission) of a citizen for military service, which led to the conscription (admission) for military service of a citizen who is not subject to such conscription (admission) in accordance with the law , or the illegal release of a citizen from conscription (admission) for military service – is punishable by service restriction for a term of up to two years or detention in a disciplinary battalion for the same term, or imprisonment for a term of up to five years.
The same act committed in a special period, other than martial law , shall be punishable by imprisonment for a term of three to six years with deprivation of the right to hold certain positions or engage in certain activities for a term of one to three years.
The actions provided for above, committed under martial law , are punishable by imprisonment 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.
Separately, paragraph 1 of the note to Article 368-5 should be supplemented with the following words: “and persons equated to them for the purposes of this article – chairmen, their deputies, members and secretaries of non-staff permanent military medical commissions or medical flight commissions.”
How to bring the CCC or VLK to criminal liability?
In the event of the adoption of the draft law No. 12442 of 27.01.2025. as a whole, it must be signed by the president, after which it will be published and enter into force. With the entry into force of the law, a new article 337-1 (which will introduce criminal liability for up to 8 years of imprisonment for violating the VLK procedure) and article 426-2 (which provides for liability for violating the TCC and SP mobilization procedure for up to 8 years of imprisonment) will appear in the new edition of the Criminal Code of Ukraine.
Citizens who have become victims of violations of the procedure for passing the VLK medical commission or who have been illegally mobilized by employees of the CCC and SP will be able to collect evidence: audio, photos, video recordings, and contact the police with a statement about the commission of a criminal offense .
After that, the police enter a note on the registration of the application into the Unified State Register and initiate proceedings in the case if there are signs of a crime under Article 337-1 (violation of the procedure for conducting a draft) or Article 426-2 (violation of mobilization procedures) of the Criminal Code.
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If, as a result of the thorough investigation, the fact of a violation is established and proven, along with the identification of the responsible persons of the CCC or VLK, the case will be referred to court for the imposition of a penalty on such persons .
Note that during the period of martial law, violations of the VLK or mobilization procedure will be punished especially severely with imprisonment for a term of up to 8 years and a ban on holding relevant positions for a term of up to 3 years.
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