When discontent boils over in society, the promises of the authorities become the main marker of hope. Ukrainians, who become participants or witnesses of the mobilization process every day, increasingly talk about the injustice and arbitrariness of TCC employees. Cases of illegal detention on the streets, beatings, aggressive behavior, mobilization of the sick, contempt for human dignity — all this forms indignation and distrust of the system. That is why, when there was an initiative to introduce criminal liability for TCC employees for abuses and violations during mobilization, many took it as a signal: the system is ready to change, violators will be punished, and the process will become more honest and transparent. The bill was supposed to become a tool that would protect people from arbitrariness, and at the same time restore trust in the authorities. However, the reality turned out to be different. The Verkhovna Rada quietly, without loud statements and explanations, removed this bill from the agenda. And this was another blow to public trust.
The draft law on the criminal responsibility of the TCC and VLK was withdrawn from consideration
In Ukraine, the war has long since become not only a battle on the fronts, but also a struggle for justice and law. One of the biggest challenges of this war was mobilization, which is often accompanied by scandals, arbitrariness and violation of citizens’ rights. Forcible detention, mobilization of the sick, refusal to recognize postponements – all this is a reality that only increases public dissatisfaction every day. People do not want to be “victims of the system”, which sees them as just another mobilization resource. And that’s why they demand one thing – justice.
It was this justice that was promised to be brought in the Verkhovna Rada, when on January 27, 2025, draft law No. 12442 was registered. The document was supposed to be a safeguard for those who break the law during mobilization. It provides criminal liability for TCC employees and VLK members for illegal actions during the mobilization process. It was supposed to be a response to public outrage and a guarantee that abuses would not go unpunished.
Bill No. 12442 proposes to introduce criminal liability for those who play by the rules of the corruption game in the military system. Two new articles were to appear in the Criminal Code – the first article, 337-1, provided for criminal liability for violating the procedure for conducting a medical examination (military medical examination), which determines fitness for military service. The second, Article 426-2, introduced penalties for officials of the TCC for violating the order of military service. Both articles provided for punishment in the form of deprivation of liberty for a period of 3 to 8 years with deprivation of the right to hold certain positions or engage in certain activities for a period of 1 to 3 years.
Also, the draft law proposes to expand the list of subjects of the corruption criminal offense, including members of the VLK, in order to prevent abuses during the determination of fitness for service. If it is accepted, the chairman, deputies, members and secretaries of the permanent military medical commissions, as well as the medical aviation commissions, will be included in the list of potential corrupt persons under Article 368-5. Reasons? Deliberate violation of the procedure for conducting a medical examination, which led to an illegal draft or, on the contrary, dismissal from service. In the conditions of martial law, such “mistakes” are punishable by 3 to 8 years of imprisonment and an additional punishment in the form of a ban on holding certain positions or engaging in relevant activities for 1 to 3 years.
At the same time, TCC officials who violate the draft procedure face the same punishment. If their actions result in illegal conscription or dismissal, they also risk being behind bars for 3-8 years, with a 1- to 3-year ban from serving in the relevant positions. But there is a nuance. The draft law delicately bypassed violent methods of street mobilization. Forcible detention, beating, confiscation of phones and forced delivery to the TCC – no responsibility is provided for this. It turns out that “street raids” remain in a gray area, while the main focus of the law is on commissions and official procedures. In other words, whoever made it, missed it.
But instead of justice, society received another blow – on March 9, draft law No. 12442 unexpectedly disappeared from the agenda of the Verkhovna Rada. At the same time, there is no official explanation, no attempt to argue why the fight against arbitrariness is no longer on time. Just silent ignoring of the public demand. People’s deputy Maksym Buzhansky announced the withdrawal of the bill from consideration, noting that this decision was made at the request of the “Voice” faction.
“Dear Ukrainians, draft law 12442, which introduced criminal liability for the TCC for the illegal mobilization of those who have reservations and postponements, and for the VLK – for recognizing the obviously sick as absolutely healthy, was removed from the agenda of the next plenary Sunday of the Verkhovna Rada at the request of the “Voice” faction. I don’t know from what moment the faction of 17 people began to determine the order of the Council, but I ask you not to forget to ask your colleagues from “Holos” if everything suits them in the process of mobilization, and why they consider it possible to block attempts to restore order. – wrote Buzhanskyi.
Probably, the lack of comments on its decision can be explained by the reluctance of the parliament to create additional pressure on TCC employees, who are already in difficult conditions. Or the fear that the new law will open an avalanche of complaints and investigations that will paralyze the mobilization process. However, whatever was behind such a decision, the refusal to justly punish TCC employees only fuels public discontent.
Why draft law No. 12442 is important
Ukrainian society has been living in a state of mobilization turbulence for a long time. People who honestly pass the military registration or are already fighting, see how others – for bribes or thanks to connections – avoid mobilization. Those who are tried to be detained “on the street” feel like victims of a hunt, not of public order. And each such case only strengthens people’s reluctance to fight or become a SZH. War is not only a front, but also moral readiness for it. And when justice is ignored, that willingness disappears.
The draft law, which provided for the liability of TCC employees for violations during mobilization, was a logical and expected step. It could become an effective safeguard against arbitrariness. After all, when there is no fear of punishment, the system allows itself what causes public anger: forced detentions, ignoring medical certificates, calls without proper justification. But, removing this draft law from consideration, the deputies left the possibility for further unpunished abuse.
The Ukrainian mobilization system has long been in need of updating. It has already become a symbol of injustice, where some receive summons right on the street, and others avoid the army for bribes or because of connections. Despondency, fear and hatred are born in this chaos. People do not feel protected, but driven. And every scandalous case only deepens this gap.
According to sociological studies, almost 80% of Ukrainians already speak about the inadmissibility of what is happening under the guise of mobilization. They become participants or witnesses of lawlessness, read news about violent detentions, see burning cars, terrorist attacks near the administrative buildings of the TCC and attacks on their employees. In turn, they say that it is the enemy who wants to divide society, to turn the military against civilians. It is quite possible. But aren’t the deputies fueling this conflict by their actions? Do they not give grounds for opposition by allowing lawlessness? After all, the main provocateur of conflicts is always injustice.
The lack of responsibility for violent mobilization is a signal: it is pointless to fight. There is no point in writing complaints, proving your unsuitability, demanding justice. It is easier to run away, hide, avoid any interaction with the system. In the parliament and TCC it is called “evasion”, but it is only resistance to arbitrariness. And most likely, this resistance will grow. With every unpunished employee of the TCC, with every rejected draft law, with every forced drag to the Military Commissariat.
The more people fear the TCC, the fewer will be willing to fight. The more people see the injustice, the more people will appear who are ready to avoid mobilization at all costs. It’s not about morality anymore, it’s about survival. Because who wants to go to war, knowing that his rights are violated even before he receives a weapon? That is, this process has long since turned from a moral problem into a direct threat to the state’s defense capability. Recruitment to the army must be fair, otherwise the army risks losing recruits, and the state – support from society.
