Punishment for the TCC due to illegal mobilization: why the regulations won't apply and the bureaucratic hurdles will persist.

On Monday, January 20, MP Maksym Buzhansky announced that in Ukraine, representatives of the TCC may begin to be penalized for mobilizing those who are reserved and individuals who are not subject to conscription. Specifically, a joint meeting was held by the Rada's committee on national security, defense, and intelligence and the committee on law enforcement regarding the observance of human rights during mobilization. According to MP Oleksandr Bakumov, the law aimed at strengthening mobilization is not functioning as it should, and various authorities are "shifting" responsibility to one another.

"Instead of a proper accounting system, adequate notifications, administrative orders, fines, enforcement actions, and other legal measures for offenders, we have checkpoints, city road closures for everyone, busification, and similar measures. A representative from the Ombudsman's Office aptly referred to this as 'chaos' during the meeting," said Oleksandr Bakumov.

Responsibility of TCC for Illegal Conscription: What Will Change

According to preliminary proposals, the parliamentary law enforcement committee will develop and introduce changes to legislation concerning criminal liability for state representatives who violate the procedures for conscripting citizens into military service. Additionally, there are proposals to establish accountability for members of the VVK for violations in conducting medical examinations, specifically regarding the disqualification of fit individuals and vice versa.

Furthermore, it was decided during the meeting that those authorized to carry out mobilization activities must:

• be without balaclavas;
• identify themselves and present their official identification upon request;
• not use special operations, particularly anti-terrorist or reconnaissance activities, for mobilization tasks.

Meanwhile, any actions that limit human rights and freedoms must be implemented by law enforcement based on legislation.

"The committees will send requests to ministries, law enforcement agencies, and security structures, and a meeting will be scheduled after receiving their responses," Bakumov noted.

"We even have cases where individuals are mobilized while being reserved or entitled to deferment. And then reversing this situation and returning the individual to civilian life is nearly impossible because there are no grounds for discharge from military service. That’s why we are discussing the responsibility of the TCC," said Oleksandr Bakumov.

Moreover, there should be accountability for members of the VVK, as well as for doctors who deem unfit those who are capable of fighting and vice versa. This leads to cases involving injuries and even fatalities.

However, speaking outside of regulatory legal frameworks, the MP emphasizes that any representative of the state today must be unmasked, and upon request, the individual must be identifiable. Restrictions on human rights and freedoms can only be applied by law enforcement agencies.

"We cannot state that representatives of the Armed Forces of Ukraine or other military formations can limit human rights and freedoms. This is prohibited by the Constitution," he asserted.

Bakumov cannot yet specify when changes regarding TCC accountability for illegal conscription will be introduced. He hopes this will take days rather than weeks.

The State Protects TCC Representatives: What Does the Lawyer Think About the Changes

"Currently, there are already quite severe penalties in place, including imprisonment for exceeding official authority during a state of war for a term of 8 to 12 years. What more do you want? Should we introduce the death penalty?" noted Rostyslav Kravets.

He is convinced that the situation would improve if some TCC leaders were held accountable for mobilizing reserved individuals or those with deferments.

"But as long as this increase in accountability is not applied, it will lead to nothing good. This is purely a PR move, and I don’t think this bill will pass or be adopted. As of today, the state’s policy is essentially to protect TCC representatives from accountability for their crimes," the lawyer emphasized.

Recall that on January 21, MP Oleksandr Fedienko stated that the Verkhovna Rada is not preparing a bill to increase TCC responsibility for illegal conscription. He noted that these norms are already outlined in existing legislation.

On January 20, MP Maksym Buzhansky reported that only 12% of evaders received fines, while a total of 45% of those who evaded service were declared wanted.