Publication date: 13.05.2024
The Verkhovna Rada of Ukraine adopted the government bill "On Amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine to Strengthen Liability for Military Offenses" registered under No. 10379 dated December 25, 2023. Representatives of the committee, who worked on the draft law, emphasize that all proposed changes are aimed at softening criminal sanctions. According to People's Deputy Yaroslav Zhelezniak, a significant step was taken in this direction: "Objectively, all the changes that the committee promised to make about mitigation were made. Many negative norms were removed." The bill received the support of 256 parliamentarians.
For violation of military registration:
in peacetime - from 3,400 to 5,100 hryvnias;
in wartime (or repeated violation) - from 17,000 to 25,500 hryvnias.
For violation of the legislation on defense and mobilization in peacetime:
for citizens - from 5,100 to 8,500 hryvnias;
for officials and legal entities - from 17,000 to 34,000 hryvnias.
For avoiding mobilization in wartime:
for citizens - from 17,000 to 25,500 hryvnias;
for officials and legal entities - from 34,000 to 59,000 hryvnias.
The mentioned rules come into effect immediately after the President signs the relevant draft law. The new draft law also provides for the extension of the terms of administrative liability and establishes new versions of the articles of the Code of Administrative Offenses, which differentiate administrative liability and the amount of sanctions for the specified administrative offenses committed in peacetime and during the special period.According to the new rules, a minimum fine of 17,000 hryvnias will be imposed for non-appearance at the TCC following a summons, evasion of registration and late updating of data. And enterprises that ignore the need to keep military records of employees will be fined in the amount of 34 thousand hryvnias. Fines will increase for repeated violations.
It will be possible to say with certainty what exactly was changed after the President has signed the Law (given the fact that the deputies corrected the project right during the review).
According to the changes, fines for violation of military accounting and legislation on defense and mobilization in peacetime and in conditions of military conflict are from 3,400 to 5,100 hryvnias and from 17,000 to 25,500 hryvnias, respectively. Fines for evading mobilization during wartime are from 17,000 to 25,500 hryvnias for citizens, and from 34,000 to 59,000 hryvnias for officials and legal entities.
But the parliament has already announced that changes are being made to the Administrative Code of Administrative Offenses, including:
- extended terms of bringing to administrative responsibility for offenses provided for by Articles 210, 210-1 of the Criminal Code are established;
- new versions of articles 210, 210-1 of the Criminal Code of Ukraine are envisaged, which, in particular, differentiate administrative responsibility and the amount of sanctions for the specified administrative offenses committed in peacetime and during the special period.In turn, for violating the legislation on defense, mobilization training and mobilization in peacetime, citizens will be fined from UAH 5,100 to UAH 8,500, and officials of state authorities, local self-government bodies, legal entities, and public associations — from UAH 17,000 to UAH 25,500 A repeated violation will cost citizens from UAH 8,500 to UAH 11,900, officials — from UAH 25,500 to UAH 34,000. For committing the specified actions in a special period, fines were set for citizens from UAH 17,000 to UAH 25,500, and for officials - from UAH 34,000 to UAH 59,500.
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At the same time, Articles 210 and 210-1 of the Civil Code will not be applied in the event that the holder of the Unified State Register of Conscripts, Conscripts and Reservists obtains the personal data of the relevant person through electronic information interaction with other information and communication systems, registers (including public ones), databases ( banks) of data, the holders (administrators, administrators) of which are state bodies. Obviously, we are talking about those cases when the "Oberig" registry will receive data on conscripts from other registries.
It was also established that a protocol on administrative offenses may not be drawn up in case of committing administrative offenses in a special period, provided for in Articles 210 and 210-1 of the Criminal Code of Ukraine, the consideration of which is assigned to the competence of territorial centers of recruitment and social support and the Security Service of Ukraine.
These changes stimulate compliance with military norms and a responsible attitude to defense matters in the country.
