Rada wants to punish MMC and TRC for “fake” mobilization

The Verkhovna Rada has taken up “protection against abuses” in the mobilization system. On April 9, MPs supported in the first reading a draft law that would introduce criminal liability for officials involved in conscription, namely employees of territorial recruitment centers and military medical commissions.

In other words, they can now be imprisoned for false certificates, illegal medical examinations, or “agreements” with conscripts. But whether this will really regulate the system, we explain in simple terms.

What exactly do they want to change?

In 2024, major changes were already made to the legislation on mobilization: the grounds for conscription were expanded, and the powers of the Military and Civilian Conscription Commission were extended. Now the state wants to strike a balance: if there are more powers, there must be responsibility.

The new draft law proposes to add several new articles to the Criminal Code:

• For a false medical examination. If a doctor intentionally declared a person fit for service even though he or she has contraindications – or, conversely, illegally dismissed someone who is unfit – he or she may face up to 8 years in prison.
• For illegal conscription or dismissal. If an employee of a military recruitment center knowingly conscripts a person who is not subject to mobilization or “excuses” someone, he or she will also face up to 8 years in prison.
• For illicit enrichment. Members of the Military and Security Councils are now included in the list of persons who can be held liable for property that clearly does not correspond to their official income.

Why did this need arise?

Stories of “fake” medical examinations and dubious certificates of unfitness are known to everyone – both citizens and the military themselves. But despite the obvious abuses, most of these cases have so far gone unpunished. Even if there were violations, it was difficult to “tie” them to specific articles of the Criminal Code.

Now the law clearly states that if your decision led to an illegal draft or discharge from service, it is a crime.

Lawyers have already pointed out several problems with this project:

• Double punishment. Some such violations are already provided for in the current Criminal Code. For example, forgery or negligence. The new articles may create “confusion” and it will be difficult for investigators to determine under which article to open a case.
• Blurring of concepts. The law uses the terms “conscription,” “acceptance,” and “assignment” as synonyms. But under the current law on military service, these are different things. This may lead to legal conflicts.
• Uncertainty about who will investigate such cases. In theory, crimes in the military sphere are investigated by the SBI. But the new law does not specify this, and cases may fall apart in the courts.

If the draft law is adopted as a whole, it will be the first real step toward cleaning up the mobilization system. On the one hand, the law encourages officials to work honestly. On the other hand, it gives conscripts who have been victims of arbitrariness a chance to get justice.

However, if not finalized, these changes may cause even more chaos, and instead of protecting the interests of citizens, we will get new ways for abuse.

Whether the law will become an effective tool to combat violations depends on how responsibly MPs approach the final vote.