Publication date: 09.05.2024
New liability for illegally crossing the state border of Ukraine with the aim of evading military service: draft law registered
On January 31, 2024, the Verkhovna Rada of Ukraine registered a project of the Law on Amendments to the Criminal Code of Ukraine on Liability for Illegally Crossing the State Border of Ukraine for the Purpose of Evading Military Service (No. 10453).
The draft law proposes amendments to the Criminal Code of Ukraine, including:
• establish a punishment in the form of deprivation of liberty for a term of seven to nine years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years with confiscation of property for persons who have committed offenses provided for by the first and second parts of Article 332 of the Criminal Code of Ukraine during the period of martial law, namely illegal transportation of persons across the state border of Ukraine, organization of illegal transportation of persons across the state border of Ukraine, directing such actions or facilitating their commission by advice, instructions, provision of means or removal of obstacles.
• Establish criminal liability for crossing the state border of Ukraine with the purpose of evading conscription for military service during mobilization, for a special period in the form of imprisonment for a term of three to five years, and in case of committing such offenses repeatedly or by a group of persons, provide punishment in the form of deprivation of liberty for a term of from five to eight years, if the specified offenses were combined with violence or with the use of weapons, - to prescribe punishment in the form of deprivation of liberty for a term of from eight to twelve years.
The draft law also proposes to establish that a person who crossed the state border of Ukraine in order to avoid conscription for military service during mobilization, for a special period, is released from criminal liability for the crime committed, provided that such a person returns to the territory of Ukraine within six months from the moment of crossing the border and voluntarily declared the fact of committing a crime to the employees of the State Border Service of Ukraine.
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Conclusion
Draft law No. 10453, registered in the Verkhovna Rada of Ukraine, is aimed at strengthening responsibility for illegally crossing the state border in order to evade conscription. Its adoption involves deprivation of liberty from three to twelve years, depending on the circumstances of the offense. The possibility of exemption from criminal liability is also offered in case of voluntary return to the territory of Ukraine and declaration of crime within six months. These measures are aimed at strengthening state control and military mobilization.
Draft Law No. 10453 increases criminal liability for border violations in order to avoid military service, contributing to control and ensuring national security.
