The Verkhovna Rada of Ukraine recently submitted a high-profile bill No. 15365 of June 29, 2026 , initiated by MP Maryana Bezugla. The document proposes to supplement the Criminal Code of Ukraine with a new article 426-2 , which introduces criminal liability for military officials for giving orders that led to unjustified losses of personnel .
Below in this article, we will analyze the details of the proposed changes, the author’s explanation, and the liability periods that may be introduced for commanders whose guilt is proven.
Justification of the need for adoption according to the explanatory note to the draft law
In the context of the armed aggression of the Russian Federation against Ukraine, the issue of effective command, preservation of the life and health of military personnel, and preservation of the combat potential of the Defense Forces of Ukraine acquires special importance. At the same time, the Criminal Code of Ukraine does not contain a special criminal law norm that would directly establish
the responsibility of military officials for making clearly unfounded decisions that caused unjustified losses of personnel.
The practice of combat operations, according to the author of the draft law, indicates the presence of cases when commanders, despite obvious tactical or operational inexpediency, give orders or make decisions, the execution of which leads to
the death, injury, captivity or disappearance of subordinate personnel. In the absence of a special criminal law norm, the proper criminal law assessment of such actions is significantly complicated, which negatively affects the provision of the principle of inevitability of liability.
At the same time, the initiator of the bill explains, any new norm in this area must take into account the specifics
of combat operations, in which the commander is forced to make decisions in conditions of incomplete information, strict time constraints, and unpredictable enemy actions. Therefore, the draft law is aimed at achieving a balance between proper criminal-legal protection of the life and health of servicemen and preventing unfounded criminal prosecution of commanders for lawful combat decisions made in a combat situation.
Main provisions and sanctions
To begin with, let’s see what the future article will look like, at least as the author sees it, because after reading in the Verkhovna Rada it may undergo changes, sometimes even cardinal ones. So, Article 426(2) will be called “ Giving an order or instruction that caused unjustified losses of personnel ”
Part One provides that – Giving an order or instruction by a military official contrary to obvious tactical or operational inexpediency, if the execution of such an order or instruction resulted in significant unjustified losses of personnel, is punishable by restriction of liberty for a term of up to five years or imprisonment
for a term of three to seven years.
Part two provides that – The act provided for in Part one of this article, if it has led to serious unjustified losses of personnel, is punishable by imprisonment for a term of five to twelve years.
Part three provides that – Actions provided for in parts one or two of this article, committed under martial law or in a combat situation, are punishable by imprisonment for a term of seven to fifteen years.
Part Four provides that – Concealment by a military official of information about the losses of subordinate personnel, committed intentionally in order to avoid responsibility or mislead higher command, is punishable by restriction of liberty for a term of two to five years or imprisonment for the same term.
Also, part 5 of the article provides for the establishment of an exception:
A person is exempt from criminal liability for the acts provided for in this article if the losses were a result of a justified tactical risk, and the military official acted in accordance with the requirements of combat regulations, instructions and guidance documents, taking into account the prevailing situation, in the absence of a real possibility of making a different decision, and took all possible measures to minimize personnel losses.
That is, as an interim summary, we can state that the draft law proposes a clear differentiation of punishments depending on the severity of the consequences and the circumstances in which the order was given:
- Giving an order contrary to obvious tactical or operational inexpediency , which led to significant unjustified losses: is punishable by restriction of liberty for up to 5 years or imprisonment for a term of 3 to 7 years .
- If such actions have led to serious unjustified losses: imprisonment for a term of 5 to 12 years is provided .
- The same acts committed under martial law or in a combat situation : entail the most severe punishment – imprisonment for a term of 7 to 15 years .
- Intentional concealment of information about losses in order to avoid responsibility or mislead the command: punishable by restriction or imprisonment for a term of 2 to 5 years .
What is considered “unjustified losses” within the meaning of the draft law?
The draft law provides clear definitions of key concepts to avoid ambiguous interpretations:
- Unnecessary casualties are deaths, injuries, capture, or missing in action that could have been avoided by taking a different decision in accordance with the rules of engagement, and that were not necessary to accomplish the mission.
- Significant casualties are situations where subordinates were injured, captured, or killed, but these consequences did not reach the level of “severe.”
- Heavy casualties are the death of two or more people or the loss of combat capability of an entire unit or unit.
It is obvious that each case will require additional checks, both internal and external, involving special commissions that will study documentation and other relevant evidence to establish the truth.
Protection for commanders through the concept of “justified risk”
An important part of the initiative is the protection of commanders from unjustified prosecution for legitimate combat decisions, taking into account the so-called “justified, controlled or acceptable risk”. The article contains a separate paragraph with a provision that exempts commanders from liability if losses were the result of a justified tactical risk . Accordingly, the burden of proof falls on the investigative authorities to ensure that there are no grounds for pressure and abuse of power.
Intermediate summary on the commander’s release from liability if he:
- acted in accordance with combat regulations and instructions;
- took into account the current situation;
- had no real opportunity to make a different decision;
- took all possible measures to minimize losses;
- the losses were not dependent on his will and were not related to his actions or inaction.
Purpose and social forecast
The goal is to establish strict liability for those who neglect the life and health of subordinate
personnel, which led to unjustified losses, as well as to consolidate provisions on justified tactical risk as a circumstance that excludes criminal liability. The objectives of the draft law are also to introduce a special criminal law norm on the liability of military officials for unjustified losses of personnel.
In general, a positive socio-economic effect is expected, such as:
- strengthening criminal legal protection of military personnel from unjustified risk to their lives and health by commanders;
- increasing the level of responsibility of military officials when making decisions related to the performance of combat missions;
- improving mechanisms for criminal legal response to cases of concealment of information about personnel losses;
- generally increasing the trust of society and military personnel in the military command system;
Result
The draft law has a real demand from society, especially from servicemen and their families. Although the initiative was submitted in the fifth year of the war, it still has a long way to go in the legislative process with the passage of committees, readings in the session hall, approvals and publication after the president signs it. As of now, the draft law is being processed by the Committee on Law Enforcement Activities . New contracts of the Armed Forces of Ukraine 2026 clear terms of service: salary up to 460,000 UAH and guaranteed deferment
Want to receive more news on this topic? Subscribe to our Telegram or Viber by clicking on the text!
