One of the most pressing issues that was raised in the government mobilization bill is repressive measures against those who evade mobilization. The military says that these norms are necessary to combat malicious draft dodgers who are hiding from TCC employees (territorial recruitment and social support centers). What could be the pros and cons of these measures?
This is not the time to get high
It should immediately be noted that according to the current legislation, draft dodgers already face various punishments - both administrative and criminal. For example, according to Art. 210 of the Code of Administrative Offenses, for failure to appear on a summons to the TCC in wartime, administrative liability is established in the form of a fine from 3,400 to 5,100 hryvnia.
According to Art. 335 of the Criminal Code of Ukraine, evasion of conscription for compulsory military service, military service by conscription of officers - is punishable by restriction of freedom for up to 3 years. And according to Art. 336 of the Criminal Code of Ukraine, for evading mobilization, those liable for military service face punishment in the form of imprisonment for a period of 2 to 5 years.
“Also included in the category of criminal acts is the evasion of military age men from military registration after representatives of the TCC and MP issued a corresponding warning. Punishment is arrest for up to 6 months, correctional labor,” says Alexey Panasenko, a lawyer at Prikhodko and Partners.
However, in order to qualify a person’s actions under these articles of the Criminal Code, it is necessary to prove the appropriate purpose and intent. If they give a term, it is mostly conditional, and during this time the person liable for military service is not subject to conscription. Even if it’s real, you sit in a quiet place, on government food. And the fine is generally a trifle. In a word, criminalization has a weak effect on draft dodgers.
The authors of the government bill, including representatives of the Ministry of Defense, reasonably decided that feeding draft dodgers is a great luxury during war. And they suggested approaching the problem from the other side: making the life of draft dodgers as unbearable as possible.
This tactic was best described by the head of the Nikolaev regional military administration, Vitaly Kim: “If you are an evader, then please, you do not have the right to live a full life and get high. Because you don't do what others do."
Absolutely against
Bill No. 10378, which is currently being finalized, proposes the following restrictions for evaders:
— a ban on traveling abroad (draft dodgers cannot get there anyway);
— blocking of all transactions with movable and immovable property;
— a ban on obtaining a driver’s license and driving one’s own vehicle;
— restriction of the right to use one’s own funds and other valuables;
— inability to conclude a credit agreement or loan agreement;
— suspension of receiving benefits and services from the state.
These norms raise doubts, first of all, among lawyers. Who, due to their profession, are not sure that these restrictions comply with current legislation and do not violate the basic rights of citizens.
“First of all, the word evader itself in this case is incorrect. A draft dodger is a person against whom Articles 335-337 of the Criminal Code of Ukraine have already been applied. Secondly, the legality of the above norms should be determined by the Constitutional Court,” Natalka Kostyshyn, former director of the Center for Free Secondary Legal Assistance, tells Apostrophe.
And no additional measures of influence on draft dodgers are required. They say that everything necessary has long been in the current legislation.
“I would not support any of the above points. This all violates the Constitution. It is necessary to establish clear responsibility for evading mobilization and punish them specifically for this. All other human rights are provided for by law and can only be abolished by changing this law. Once again: there is a Criminal Code, so let them attract them. Or they will increase responsibility. The rest is nonsense and populism. This is a dictatorship,” says the former head of one of the tax police departments, Yuri Yakovlev.
Both pros and cons
The dubious legal basis for the above measures, in turn, raises doubts even among those who agree with them.
“How do they imagine the implementation of this law? 90% of these measures can only be taken by court decision. How will they introduce all this with a new law? Then all codes must be rewritten. The only thing that can now be implemented by adopting some by-laws is “suspension of receiving benefits and services from the state.” But even then, not all benefits can be stopped. For example, pensions,” senior lieutenant of the Armed Forces of Ukraine Vyacheslav Konovalov tells Apostrophe.
In his opinion, in this case, these initiatives are poorly thought out and contain a significant corruption component.
“I can give an analogy with the ban on smoking and drinking beer in public places. These seem like reasonable prohibitions, but they are poorly written and create schemes for bribes,” says the officer.
But Grigory, a migrant from the Luhansk region—by the way, is currently undergoing a military medical commission—believes that the state can only block the receipt of benefits.
“I definitely only support the suspension of benefits and services from the state. That's fair. Do you shirk your responsibilities to the state, do you think that you owe it nothing? Then the state doesn’t owe you anything. And all other points do not concern the state! ”, Gregory told Apostrophe.
Absolutely for
Of course, there are those who fully support restrictions on draft dodgers. Fairly pointing out that the Constitution stipulates not only the rights of citizens (which may be limited somewhere, especially in wartime), but also responsibilities. In particular (Article 49) – protection of the Fatherland, independence and territorial integrity of Ukraine.
“I support all points. But the main thing here is “limitation of the right to use one’s own funds and other valuables.” This point will immediately pull everything else with it. Blocking cards and accounts is a powerful thing. You can’t get new cards without permits. Don't register, don't check out. The car cannot be sold, nor can it be bought. Everything about money is a powerful limitation. At work, even if you receive the minimum wage on your card, that’s also a problem,” Vadim, a rifleman in one of the units of the Armed Forces of Ukraine, who volunteered for war back in February 2022, tells Apostrophe.
By the way, the use of these restrictive measures, according to their supporters, does not at all cancel the use of criminal sanctions.
“In my opinion, all the measures are not exaggerated. On the contrary, I would strengthen them with another rule: all administrative restrictions listed in the bill are applied only once. And a repeated violation will be classified as criminal, with all the ensuing consequences,” military analyst, former company commander of the Aidar battalion, Evgeniy Dikiy, tells Apostrophe.
In any case, the intrigue with restrictions for draft dodgers will not last long, since no one is interested in this with the delay in the mobilization bill.
