New mobilization rules: how draft dodgers will be punished

One of the main innovations of the updated draft law on mobilization is the imposition of restrictions on draft dodgers through the courts.

Finally, something happened that those responsible for military service were waiting for, although some with fear and some with hope – the Cabinet of Ministers concluded and registered in the Verkhovna Rada a new bill No. 10449 On changes in some legislative acts of Ukraine on some issues of military service, mobilization and military registration.

One of the major changes of the updated mobilization document is the imposition of restrictions on draft dodgers through the courts. How exactly the government proposes to punish such people is beyond the story.

What penalties exist today?

It should be noted right away that according to the current law, in Ukraine there are already measures for those who avoid mobilization. They can be both administrative and criminal. In particular, according to Article 210 Code of Administrative Offensesfor the failure that arose due to a call to the TCC during the war, administrative responsibility was established in the form of a fine from 3,400 to 5,100 hryvnias.

In addition, according to Article 335 Criminal Code of Ukraine, avoiding conscription for compulsory military service, military service by conscription of officers – is punishable by restriction of freedom for a term of up to three years. And according to Article 336, for avoiding mobilization, those responsible for military service face punishment in the form of imprisonment for two to five years.

Representatives of the Ministry of Defense have repeatedly mentioned that such punishment still allows those responsible for military service to hide from TCC employees, since the actions of draft evaders are classified under these articles Criminal Code very difficult In a word, Criminalization had little effect on Ukrainians, so the government decided to act differently.

New penalties

Thus, the government’s mobilization bill provides for the introduction of restrictions for draft dodgers through the courts. In the first version of the document, they may have been introduced by the military registration and enlistment office. Now The TCC must go to court, which may impose the following penalties on the person responsible for military service::

• confiscation of bank accounts and valuables stored in banks;

• foreign travel restrictions;

• restriction of rights to drive a car.

Restrictions were introduced for the duration of the conscript’s fulfillment of TCC requirements. The court considers the request of the military registration and enlistment office within 15 days, a complaint against the refusal to open a case is accepted within 10 days. If the parties do not appear in court, it will consider the case in absentia and make a decision in writing..

Seizure of transportation

The new draft Law on Mobilization also contains a clause on seizing vehicles and restricting their use. People’s Deputy Yaroslav Zheleznyak drew attention to this.

“Of course it is possible, we are talking about a small list of transport (here I see that tractors, agriculture and construction equipment are included), but it does not look very good. Dear business, pay attention. Especially logistics, construction and agro-industry ,” the representative wrote.

As the document says: the military transport role was established to meet the needs of the Armed Forces of Ukraineother military formations for a special period with vehicles and equipment and distributed by to central and local executive authorities, other government bodies…, and also for citizens – car owners.

When can the law take effect?

In addition, Zheleznyak described a likely scenario for parliament to adopt bill No. 10449. So, according to him, the next stage after submitting the document to the Verkhovna Rada is its inclusion in the agenda of the Rada session.

“This is not a problem and will probably happen automatically, because a new session will open. The next important step is to reduce the time frame for submitting alternative bills from 14 days to 7. This requires a separate vote (at least in 226 votes of the people’s deputies – ed.),” – explained the representative.

A separate vote in parliament can take place no earlier than February 6, and if such a reduction is supported, then the bill has the opportunity to be considered in the next plenary week in February, with condition February 6–9, Zheleznyak added.

There must be a meeting of the Defense Committee, which will decide to support either the government’s version of the bill or one of the alternatives.

“The committee is respected, so such a meeting will not take place before the poll to reduce the deadline (which is February 6 and beyond),” he clarified.

The bill will then be voted on in first reading, likely no earlier than February 7.

If representatives support the bill with 226 votes in the first reading, one more vote will be needed to shorten the period for changes. It also requires 226 votes, and if this procedure continues, representatives will have 7 days to submit amendments. If it doesn’t work, you have 14 days to submit changes.

Next, the Committee must review all changes. Considering the workload and schedule of the Verkhovna Rada, the bill will not be put to the vote before the second reading before the end of February.

When the bill will be submitted for second reading depends on the Committee, but obviously not earlier than February 22. If there are many edits, the review process may take several days.

“Let me remind you that when considering amendments to such laws, the text may change (as is the case with the registry law). But after their consideration, a final vote of 226+ for the second reading must take place in the hall. Then there is a high probability that one of the representatives will introduce a blocking motion resolution and another vote is needed to give the speaker (Ruslan Stefanchuk – ed.) the opportunity to sign the law and send it to the president. Then the president must sign the law,” he explained.

However, according to Zheleznyak, it is already clear The law will not take effect until March. And there is still a transition period – a month.

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