The Verkhovna Rada of Ukraine registered the Bill No. 13014-1, which offers more severe punishments for those who evade mobilization and illegally cross the state border. The draft law was initiated by MP Maxim Pavlyuk, a member of the Verkhovna Rada Committee on Law Enforcement. According to him, the current jurisprudence, when the courts often apply softer punishments or release from serving a sentence with a test, does not meet the requirements of wartime.
The basic provisions of the bill include a prohibition on the mitigation of punishment for persons convicted of illegal transfer of persons across the state border and evasion of conscription during mobilization. Amendments to Article 69 of the Criminal Code of Ukraine (CCU) provide for a prohibition of the courts to impose punishment below from the lowest limit established by law or to apply softer types of punishments for persons convicted under Articles 332 and 336 of the Criminal Code.
In addition, the bill proposes the abolition of the possibility of conditional punishment for persons who have been convicted of these articles, as well as strengthening responsibility for the illegal transfer of persons across the state border. In particular, it is proposed to increase the term of imprisonment for this crime from 3-5 years to 7-9 years. It is also planned to add confiscation of property and deprivation of the right to occupy certain positions or engage in certain activities for up to 3 years.
Another important change is the clarification of terminology to avoid ambiguous interpretation of terms in jurisprudence. This includes a clear definition of the concepts of "illegal crossing through the state border" and "crossing the state border outside the checkpoint".
According to the author of the bill, less severe punishment undermines the principle of its inevitability and has a negative impact on the level of mobilization, which is critical for ensuring the country's defense capability.
