Bill No. 13673, which proposes to increase liability for illegal border crossing, does not yet have real enforcement mechanisms, according to Sergey Derevyanko, a lawyer with the Barristers law firm.
“The bill is incomplete, in particular because it is unclear how, for example, those who have left the temporarily occupied territories outside Ukraine and cannot return to their country for various reasons, such as serious illness or caring for a close relative with a disability, should act. According to the bill, such persons must return to Ukraine before the law comes into force or within three months after that, otherwise they will be held criminally liable, which, of course, violates the rights of such persons,” he told Interfax-Ukraine.
Derevyanko also noted that “it is unclear what to do with those people who, possibly without the relevant documents, left Ukraine at the beginning of the war for certain reasons and subsequently did not and do not have the opportunity to return to Ukraine in the near future.”
“This raises a number of questions, in particular, how and to whom these people, while abroad, should report their circumstances, given that changes to the Criminal Code regarding illegal crossing of the state border provide for exemption from criminal liability only on condition that persons who have been outside the country for three months from the moment of crossing the state border have returned to the territory of Ukraine and, before being notified of their suspicion of committing this criminal offense, have voluntarily reported what happened to the law enforcement agency,”
The lawyer also noted that the bill proposes to abolish criminal liability for violating the procedure for moving goods to or from the area of the anti-terrorist operation, “which is logical, since martial law has been introduced in Ukraine and, accordingly, the anti-terrorist operation is not yet being conducted.”
In addition, the bill provides for liability for obstructing the development of border infrastructure (obstructing the construction, development, or destruction/damage of engineering and technical or fortification structures, fences, border signs, border clearings, checkpoints across the state border of Ukraine, etc.).
Derevianko also drew attention to the bill’s provision on liability for conscripts, persons liable for military service, or reservists who violate the period of stay outside Ukraine established by law.
In addition, the bill proposes to increase liability for the illegal transfer of persons across the state border of Ukraine in conditions of martial law or a state of emergency.
“The purpose of the bill is to prevent evasion of conscription for military service through mobilization by ‘fleeing’ abroad, and to provide conscripts with the opportunity to return to Ukraine. If the bill is adopted, after three months, persons of draft age who illegally crossed the state border during martial law and did not return from abroad will be held criminally liable,” he said.
Commenting on what is meant by the “period of stay outside Ukraine under martial law established by law” specified in the bill, Derevyanko explained that “the current legislation does not provide a clear definition, but the terms of stay outside Ukraine for certain categories of citizens during martial law and a state of emergency are defined by Cabinet of Ministers Resolution No. 57 of January 27, 1995.”
“As an example, according to the aforementioned resolution, athletes included in the national teams of Ukraine may stay abroad continuously for no more than 30 calendar days from the date of crossing the state border, but not less than the duration of the event specified in the Unified Calendar Plan of Physical Culture, Health, Sports Events, and Sports Competitions of Ukraine for the corresponding year,” he said.
“It turns out that, as of today, there are no mechanisms for implementing the bill,” the lawyer concluded.
As reported, the Cabinet of Ministers submitted bill No. 13673 to the Verkhovna Rada, which proposes to increase the liability for illegal crossing of the state border.
It is noted that while in 2021 border guards recorded just over 3,000 illegal crossings of the state border of Ukraine, in 2022 such offenses more than doubled, in 2023 there were almost 10,000, in 2024, there will be more than 20,000, and in the first quarter of this year, almost 4,678 persons liable for military service were detained, which is 10% more than in the same period last year (4,539 persons).
The bill proposes introducing a penalty in the form of a fine ranging from 119,000 to 170,000 hryvnia or imprisonment for up to three years. For conscripts, persons liable for military service, or reservists who have exceeded the permitted period of stay abroad during martial law, a fine of 34,000 to 51,000 hryvnia or imprisonment for a term of three to five years is provided.
A fine of between 17,000 and 85,000 hryvnia or restriction or deprivation of liberty for up to three years is also provided for the deliberate damage of border infrastructure.
At the same time, the bill contains a provision exempting citizens from liability if they return to their homeland within a certain period and voluntarily report to law enforcement agencies with a statement about the criminal offense they have committed.
The Ukrainian Ministry of Internal Affairs noted on its Telegram channel on Friday that the draft law had been prepared by the ministry.
“Today, unfortunately, we are seeing mass attempts to evade mobilization by illegally leaving the country. As practice shows, administrative fines do not deter violators,” the statement said.
The Ministry of Internal Affairs explains that the draft proposes transferring the consideration of administrative cases of illegal border crossing to border guards, because it is faster and more effective.
As clarified to Interfax-Ukraine by the Ministry of Internal Affairs, cases of this category are currently handled by courts, and decisions are often delayed.
