Up to 8 years in prison for TCC and WWC employees: what changes with the new law on "fair mobilization."

Recently, a draft law №12442 appeared on the website of the Verkhovna Rada, which proposes introducing criminal liability for representatives of the TCK and VVK for violations of the conscription procedure and medical examinations.

If this draft law is adopted, TCK employees could face disciplinary restrictions or confinement in a disciplinary battalion for up to two years, or imprisonment for up to five years for unlawfully conscripting a citizen not subject to mobilization, or for improperly exempting military personnel from mobilization. However, during martial law, the punishment could involve imprisonment for a term of three to eight years, along with a prohibition on holding certain positions or engaging in specific activities for a period of one to three years.

For VVK doctors, imprisonment for a term of two to five years is stipulated, and during martial law, this could increase to three to eight years, accompanied by a prohibition on holding certain positions or engaging in specific activities for a term of one to three years for violations of the medical examination procedures. This pertains to cases where individuals deemed unfit for service due to health reasons were called up based on their conclusions, or unlawfully discharged from the army.

Responsibility for TCK and VVK: What Changes Will the New Draft Law Bring?

"Previously, they would close plans when a person was deemed fit by the VVK and loaded onto a bus for the distribution point, but now fulfilling the plan is only considered complete when the brigade has included them in the unit's lists," says Pavlyuk.

During the monitoring of TCK operations, instances of conscripting citizens for military service who were not subject to mobilization were identified. There have also been frequent violations by VVK officials concerning the medical examination procedures to determine an individual's fitness for military service, which infringes on citizens' rights, leads to evasion of conscription, or unlawful discharge from service.

"Our draft law exclusively provides for criminal liability. Therefore, all court sentences will be public and accessible in the relevant registry. Additionally, we also foresee criminal responsibility for VVK members under Article 368-5 of the Criminal Code (illegal enrichment). They are currently not included, so if a VVK member is found guilty under this article, they will also be listed in the corruption register," emphasized the MP.

According to him, the mobilization process during wartime is crucial for the fate of the state; however, it must occur in accordance with the Constitution of Ukraine and other laws. Violations of these laws will lead to accountability.

"Currently, some citizens are evading voluntary reporting to the TCK and SP due to a sense of impunity among its employees. However, I believe that the situation will change soon," continues Pavlyuk.

The New Draft Law: What to Do if You Disagree with the VVK Decision?

The MP noted that according to part 13 of Article 2 of the law of Ukraine "On Military Duty and Military Service," the procedure for conducting medical examinations is approved by the Ministry of Defense. Therefore, a doctor will be held accountable for violating this procedure.

"Moreover, citizens, when undergoing VVK, must provide their medical documents or cards, and the VVK commission is also obliged to check and consider them. If a citizen is convinced that they have a certain illness that warrants a deferment or the status of unfit for service, and the doctors ignore both their words and medical documents, the individual can file a complaint against such VVK members for committing a crime under Article 337-1 of the Criminal Code," explained Pavlyuk.

When undergoing a medical examination, all available medical documents should be provided, and if there is disagreement with the VVK decision, this must be explicitly stated in the documents that are signed. In each specific case, a thorough, objective, and impartial pre-trial investigation should be conducted, he noted.

However, it remains unclear how to act if a person is forcibly taken to the TCK, and the medical commission declares them "fit" in just 10 minutes. Such an individual has no time to appeal the decision or the opportunity to prove that they have certain health issues. And how the law will function in such cases, if adopted, remains an open question.

Recall that on January 27, a draft law on criminal liability for TCK and VVK was registered on the Verkhovna Rada's website. The main initiators of the document are MPs from "Servant of the People," Maksym Pavlyuk and Oleksandr Bakumov.