New Draft Law Introduced to Verkhovna Rada on Criminal Liability for Escape Abroad During Martial Law
The Cabinet of Ministers of Ukraine has submitted draft law No. 13673, which proposes significant changes and toughening of the legal consequences for unauthorized border crossing during martial law. This legislative initiative aims to address and close existing gaps in the regulation and enforcement of rules concerning the movement of military-age citizens and others during the state of martial law.
Key Provisions of the Draft Law No. 13673
The draft law introduces essential reforms in administrative and criminal liability related to crossing the border illegally under martial law conditions. The main highlights include the following:
- Exclusion of Article 204-3 of the Code of Ukraine on Administrative Offenses (КУпАП) due to ineffectiveness in preventing violations;
- Transfer of cases involving illegal border crossing to the jurisdiction of the State Border Guard Service for more efficient handling;
- Amendments to the Criminal Code introducing norms for penalizing unauthorized crossing outside designated checkpoints during martial law, damaging border infrastructure, and violating the permitted periods of stay abroad for individuals liable for military service;
- Introduction of clear grounds and conditions for exemption from criminal liability under specific circumstances.
Exclusion of Administrative Liability Under Article 204-3 КУпАП
Currently, Article 204-3 of the Code on Administrative Offenses addresses illegal crossing of the state border. However, its practical effectiveness has been questioned, leading to the proposal to abolish it. By removing this administrative offense, the law intends to strengthen enforcement through criminal liability measures, ensuring stricter control and deterrence.
Transfer of Border Violation Cases to Border Guards
Another significant change under the draft law is the reassignment of jurisdiction over offenses of illegal border crossing to the State Border Guard Service. This transfer is purposed to streamline investigation and accelerate legal proceedings with specialized border authorities handling these cases directly, improving enforcement during martial law.
New Criminal Code Provisions for Border Violations During Martial Law
The Criminal Code of Ukraine will be supplemented with new articles that address specific offenses committed during martial law:
- Illegal crossing of the border outside official checkpoints, which threatens state security and public order;
- Damage or destruction of border infrastructure, which could undermine border integrity and national security;
- Violation of permitted duration and terms of stay abroad by individuals subject to military conscription or mobilization requirements.
Clear Grounds for Exemption from Criminal Liability
To ensure fairness and proportionality, the draft law also defines specific situations under which individuals can be exempted from criminal liability. These provisions take into account humanitarian circumstances and other legitimate reasons for crossing the border during martial law, contributing to a balanced approach in the enforcement of such strict legal measures.
Implications for Travel and Legal Responsibility During Martial Law
If the Verkhovna Rada adopts the draft law, the rules for leaving the country and the legal responsibilities associated with violations will become considerably stricter. This will impact citizens subject to conscription, businesses, and legal practitioners advising on matters related to mobilization and border compliance during wartime conditions.
Legal Consultation and Defense Services
For individuals seeking legal advice regarding this draft law or those requiring defense in cases related to mobilization and illegal border crossing, professional support is available. You can contact experienced lawyers who specialize in criminal law and military service matters using the phone number displayed on the screen.
-
Legal Experts for Martial Law and Border Violations — a team of experienced professionals ready to provide comprehensive legal consultation and representation concerning the new draft law on border crossing and mobilization issues. Reach out for reliable and prompt legal assistance.
Draft law No. 13673 represents a vital step by the Ukrainian government to reinforce the legal framework governing border control and military duties during martial law. By replacing administrative penalties with more robust criminal sanctions, streamlining enforcement under border authorities, and clarifying exemption criteria, the legislation aims to enhance national security and uphold the rule of law amid challenging circumstances.
Citizens, especially those subject to mobilization, should stay informed about the evolving legal requirements for border crossing during martial law. In case of legal issues or questions, securing expert legal advice is critical to protect rights and navigate the new regulations effectively.
