Impunity of military recruitment offices: why Ukrainians are to blame for the violations of laws and rights by military officials.

On Thursday, December 19, a video surfaced online showing employees of the Military Registration and Enlistment Office (TCK) and law enforcement officers using gas inside a car occupied by a civilian. This incident occurred in Vyshhorod, Kyiv Oblast.

The victim, Anton, stated that it was an accident, that no one shot at him, and there were no bodily injuries. Therefore, he wants to "wrap up these matters in a couple of days" and avoid the spotlight.

Meanwhile, the Kyiv Oblast police have initiated an internal investigation. The law enforcement officials involved in the incident have been suspended from duty until the investigation is completed. At the same time, the Ministry of Defense announced that they are investigating the incident and that all involved will be held accountable according to Ukrainian law.

However, this is not the first instance of illegal actions by TCK employees; how many of them have already faced consequences?

TCK Violates the Law: How Many Military Recruitment Offices Have Been Punished?

He noted that the actions of TCK representatives in Vyshhorod exceed the rights and powers granted to them, as the Constitution prohibits military personnel from participating in the oppression of the rights and freedoms of civilians. As a result, military commissioners may face administrative liability, with fines ranging from 17,000 to 34,000 hryvnias. However, criminal liability is also possible, with punishment in the form of imprisonment for a term of 8 to 12 years.

"Information regarding criminal cases and sentences is generally closed, and it is impossible for an ordinary person to obtain such information," she said.

Why Are TCK Employees Not Punished?

Lawyer Leontiev is convinced that the impunity of military officials is linked to the absence of military justice bodies.

"The military law enforcement can only draft a protocol for an administrative offense — a fine of 17,000 to 34,000 — while what TCK employees are doing constitutes particularly dangerous serious crimes with penalties of 8 to 12 years of imprisonment. But they cannot be held accountable because the Military Law Enforcement Service (VSP) is not a law enforcement agency," said the lawyer.

According to him, for a TCK employee who has violated the law, materials for an administrative offense are prepared and sent to court, which makes the final decision and can impose a fine. The lawyer is aware of two cases where military commissioners were fined.

Last summer, the Radekhiv District Court of Lviv Oblast held military commissioners accountable for mobilizing a reserved man.

"It was known that the individual was reserved, yet they exceeded their official powers and called him up. The VSP employees prepared materials for an administrative offense against them and held them accountable," Leontiev explained.

Additionally, the Verkhovyna District Court of Ivano-Frankivsk Oblast also punished TCK employees for unlawful actions.

Moreover, Marchenko noted that perhaps military commissioners violate people's rights and the law due to a lack of specific legal work conducted by leaders with their subordinates, failing to clarify their rights and duties in the context of performing their official functions. Furthermore, she speculates that TCK employees might have permission to behave in this manner.

"Indeed, there are few cases of criminal liability for human rights violations. This creates a precedent that if we are not punished, we can behave in one way or another," the lawyer explained.

In order for TCK representatives to stop violating people's rights, Marchenko believes that the law enforcement system needs to begin investigations into the crimes committed by military commissioners. Moreover, those suffering from the actions of military commissioners should not be afraid to speak out about it.

"In my experience, there have been so many violations, but when it comes time to report to law enforcement and file a statement, people refuse to do so," she noted.

Polina Marchenko believes that if there were some means and examples of punishment — disciplinary, administrative, or criminal — there would be fewer violations.

Recall that on December 20, Ukrainian Prime Minister Denys Shmyhal stated that the incident in Vyshhorod is "shameful", and the Ministry of Defense is responding immediately. Meanwhile, according to the first Deputy Minister of Defense Ivan Havryliuk, a service investigation into the actions of TCK has been initiated.

On the same day, a video appeared online showing how in Kharkiv, TCK employees detained a man. According to eyewitnesses, he was thrown to the ground, struck, and taken to update his information.