Severe criminal punishment is proposed for “busification”: what the draft law provides
The issue of respecting citizens’ rights during mobilization measures remains one of the most debatable topics of wartime. Against the backdrop of public disputes over the legality of certain actions of representatives of territorial recruitment centers, a new legislative initiative was registered in the Verkhovna Rada, which proposes to significantly strengthen responsibility for illegal deprivation of liberty and forced detention of people.
What changes do the deputies propose in the draft law
The Verkhovna Rada registered draft law No. 15303, which provides for amendments to the Criminal Code of Ukraine. The document proposes to reword Article 146-1 entitled “Enforced disappearance” and expand the circle of persons who may be held responsible for such actions.
The draft law proposes to include not only officials but also people who act with the support, consent or assistance of state authorities or local self-government bodies as representatives of the state.
One of the key innovations of the draft law is the establishment of criminal liability for the illegal detention of citizens during mobilization measures.
The list of actions for which punishment may be imposed is proposed to include the forced stay of a person in the premises of military administration bodies, at assembly points or in military units without legal grounds.
Cases of forced seizure of mobile phones or other means of communication, as well as any illegal restrictions on a person’s ability to contact relatives, lawyers or other persons, may also be subject to criminal liability. The draft law provides for a penalty of imprisonment for a term of five to seven years for such actions.
Separate liability for managers
The bill provides for punishment for officials who give illegal orders or make decisions that lead to the unlawful detention or delivery of citizens. In such cases, it is proposed to establish liability in the form of imprisonment for a term of five to eight years.
The author of the bill notes that the execution of an illegal order will not exempt the executor from criminal liability. This norm will apply to both the persons who gave the relevant order and those who directly participated in its execution.
What circumstances will be considered aggravating
A significantly harsher punishment is proposed to be applied in cases where additional aggravating factors are present.
Increased liability is provided for actions against minors, several persons at the same time, as well as for cases in which a group of people participated by prior conspiracy.
Aggravating circumstances also include the use of violence that poses a threat to human life or health. Under such conditions, the punishment can range from seven to twelve years of imprisonment.
Who is the author of the initiative
The author of the bill was Heorhiy Mazurashu, a member of parliament from the Servant of the People faction. He had previously submitted a number of legislative initiatives that caused a wide public outcry. Among them were proposals for liability for the propaganda of homosexuality and transgenderism, changes in approaches to disciplinary liability of military personnel, as well as restrictions on activities in the field of fortune-telling and esoteric services.
Amidst discussions on cases of forced detention during mobilization, the new bill became another attempt to determine the limits of permissible actions of officials and establish separate mechanisms of criminal liability for possible violations of citizens’ rights.
