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.
Deputy Prime Minister for European and Euro-Atlantic Integration of Ukraine Taras Kachka has met with civil society experts for the second time in a week to discuss preserving the full functionality of the law-enforcement and anti-corruption systems.
According to the Office of the Deputy Prime Minister, the key issue on the agenda is the discussion of the draft law No. 13533 on amendments to the Criminal Procedure Code of Ukraine and some legislative acts of Ukraine on strengthening the powers of the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor’s Office (SAP) submitted by the President of Ukraine Volodymyr Zelensky to the Verkhovna Rada.
“Thank you for your willingness to open dialog and cooperation. Thanks, in particular, to your expertise and preliminary consultations it was possible as quickly as possible to work out a draft of legislative changes aimed at responding to the challenges and ensure the institutional independence of the anti-corruption system,” – quotes Kachka press service.
He emphasized that such interaction between the public sector and civil society is already becoming systemic, and noted that further regular coordination with representatives of civil society is planned.
It is noted that during the meeting the parties also discussed the issues of realization of transformations provided for by the Roadmap in the field of the rule of law – in particular related to the further functioning of law enforcement agencies.
As reported, on July 24, President Volodymyr Zelensky introduced a bill to the Verkhovna Rada regarding the powers of NABU and SAP.
BILL, NABU, САП, Тарас Качка
Ukrainian President Volodymyr Zelensky noted the importance of productive meetings of the Verkhovna Rada next week in his evening address on Saturday.
“A law on multiple citizenship has already been passed, and this is an important issue, particularly for those who are fighting for Ukraine. I am eagerly awaiting the unblocking of this law so that it can be signed without delay,” the head of state said.
He also said that two significant decisions on international agreements had been prepared: “First of all, the agreement on the establishment of a Special Tribunal for the Crime of Russian Aggression must be ratified, and it is also worth supporting our country’s withdrawal from the Ottawa Convention on Landmines. Russia has never been a party to this convention and actively uses all types of mines. We in Ukraine need parity in defense — in particular, the political and legal foundations for such parity,” Zelensky explained.
In addition, “a bill on a military ombudsman has already been prepared for its second reading, and this new systemic step is necessary to implement the necessary changes in the army. I will be grateful to the people’s deputies who support these and other decisions that are extremely important for our state this week,” Zelensky added.
The Verkhovna Rada has passed a bill on multiple citizenship in the first reading, MP Yaroslav Zheleznyak said.
“The Rada supported as a basis the law No. 11469 on the introduction of multiple citizenship in Ukraine,” Zheleznyak wrote in Telegram.
According to him, the bill was supported by 247 MPs at the plenary session of the Verkhovna Rada on Tuesday.
The Verkhovna Rada of Ukraine has adopted in the second reading a draft law on support for the development of viticulture and winemaking, said Acting Minister of Agrarian Policy and Food Taras Vysotsky.
“I am grateful to the people’s deputies for their unanimous support for the development of viticulture and winemaking! Bill 9139 – 311 votes in favor,” he wrote on Facebook.
The draft law “On grapes and viticulture products” (No. 9139), which the government registered in the Verkhovna Rada on March 22, is aimed at implementing the relevant EU regulations on viticulture and winemaking, oenological practices, production of flavored wine products, use and protection of geographical indications of wines.
“At the same time, the purpose of the draft law is to create a unified state information system, the Viticulture and Winemaking Register, which will include information on: grape producers; wine products; vineyards; mandatory declarations and other data on wine products provided for by this law, the entry of which is mandatory, which will ensure effective administration and state support for the viticulture and winemaking industry,” the explanatory note to the document says.
The document envisages the introduction of requirements for the production and circulation of wines, viticulture and winemaking products, and flavored wine products with geographical indications similar to current rules in the EU. In particular, it is not allowed to blend wine produced in Ukraine with imported wine, as well as wines produced outside Ukraine.
The draft law provides for the possibility of state support for viticulture and winemaking within the framework of the general laws “On State Support for Agriculture” and “On Peculiarities of Insurance of Agricultural Products with State Support” without any details, except for the principles of objectivity, equality and proportionality.
The document contains the principles for conducting inspections of wine production from the vineyard to the final product, defines the controlling institutions and their powers, and specifies sanctions, according to the explanatory note.
U.S. House Speaker Mike Johnson and his supporters are pushing for a vote on a bill to end political persecution aimed at demonstrating loyalty to former President Donald Trump, Axios reports.
“According to two lawmakers and two other GOP sources familiar with the situation, Johnson’s leadership team is calling for support for the End Political Persecution Act,” the report says.
It emphasizes that this is a direct response to the verdict of a jury in New York, which found Trump guilty of falsifying documents on all 34 counts.
The portal writes that bringing the bill to a vote is a demonstration of “how eager the Republican leadership in the House of Representatives is to support Trump.” According to Republican leaders, the former president has become the victim of a sham trial aimed at reducing his chances of re-election.
Axios believes that even if the bill is approved by the House of Representatives, it has no chance of being considered in the Senate, which is controlled by Democrats.
As explained in the publication, the head of state can only pardon federally convicted persons. Thus, even if Trump becomes president again, he will not be able to overturn the verdict of the New York court. The bill, if approved, could allow Trump to transfer the charges to a federal court with the possibility of further pardon in the event of a guilty verdict.
