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.
Ukrainian President Volodymyr Zelensky has signed a law recognizing Ukrainian citizens who were forcibly resettled from the territory of the Polish People’s Republic in 1944-1951 as deportees. The relevant law card No. 4540-IX with the signature of the President of Ukraine has been published on the website of the Verkhovna Rada.
Ukrainian Foreign Minister Andriy Sibiga noted that this law restores historical justice regarding this “horrible crime.”
“President of Ukraine Volodymyr Zelenskyy has just signed an important law restoring the memory of Ukrainians forcibly deported from Poland in 1944-1951. This is a correct and dignified step that restores historical justice regarding this horrific crime. I thank the president for supporting this decision, as well as the members of parliament who developed and implemented it,” he wrote on his Facebook page.
The minister noted that “many witnesses of those tragic events have already passed away,” but in order to protect the rights of “those who still live with us and their descendants,” Ukraine guarantees the provision of assistance as provided by law.
Head of business security practice at Juscutum law firm Oleksandr Horobets supported the adopted amendments to the CPC regarding NABU and SAP.
“Instead of political manipulation – legal clarity. Bill No. 12414 for the first time clearly establishes the boundaries of authority and raises the standards of human rights protection,” he said in a comment transmitted to the Interfax-Ukraine news agency on Wednesday.
In his opinion, in the framework of expanding the powers of the Prosecutor General, the law returns the situation to the legal field, because the expansion of the competence of the SAP from January 1, 2024, according to the law №3509-IX, contradicted the norm of the Constitution that the powers of the Prosecutor General can not be transferred to another prosecutor.
“A significant achievement of the draft law is the elimination of the destructive practice of conducting searches without court orders. The draft clearly limits this right exclusively to cases where there is an urgent need to save a person’s life, health, sexual freedom, safety or to preserve evidence of these crimes. This approach is worthy of the highest praise, because it is a direct step towards strengthening the guarantees of protection of the rights and freedoms of Ukrainian citizens from unjustified interference in private life”, – the head of Juscutum’s business security practice is of the opposite opinion to the UBA.
He added that the adopted law also provides a number of additional guarantees for the participants of the proceedings, in particular, the request to extend the pre-trial investigation up to 12 months must now be coordinated personally by the Prosecutor General, and his deputies will not have such a right.
Horobets believes that the adopted law leaves a wide range of legal opportunities for this NABU to work in a civilized and productive manner, and reminds that the expansion of powers of the SAP occurred only from January 1, 2024, and before that this body also worked effectively.
The lawyer also noted that the changes made concern all law enforcement agencies and structures, not only anti-corruption, so we should not talk about selective intervention.
“Bill No. 12414 is not a threat, but an important step towards a more efficient, constitutional and human rights-based justice system in Ukraine. It is designed to eliminate imbalances, strengthen guarantees of citizens’ rights and make the work of law enforcement agencies more transparent and responsible,” summarized the head of Juscutum’s business security practice.
On Wednesday, President of Ukraine Volodymyr Zelenskyy signed a law on taxation of remuneration for gig contracts of Diia.City residents (draft law No. 9319) with an amendment to bring new tax rules (draft law No. 11416d) into force for individual entrepreneurs and legal entities on a single tax from January 1, 2025, said Danylo Hetmantsev, chairman of the parliamentary committee on taxation and customs policy.
“Draft Law 9319 has been signed. The increase for individual entrepreneurs comes into force on January 1. Everything is as promised,” he wrote in his telegram channel.
His deputy Yaroslav Zheleznyak noted that the law had been awaiting the president’s signature for 17 days.
As reported, on November 28, the President of Ukraine signed Law 4015-IX (Bill No. 11416-d) on amendments to the Tax Code regarding the peculiarities of taxation during martial law. The document envisages an increase in the military tax from 1.5% to 5% starting from October 1 this year, a 50% increase in the bank profit tax in 2024, and an increase in a number of other taxes and fees.
The Committee on Legal Policy recommends that the Verkhovna Rada adopt the draft law (No. 9235) on certain issues of disclosure of banking secrecy and measures to establish custody of the property of a missing person, the press service of the Ukrainian parliament’s apparatus reports.
The draft law proposes to amend the Civil Code and the laws “On Notaries”, “On Banks and Banking” and “On the Legal Status of Persons Missing in Special Circumstances”.
The draft law, in particular, defines the procedure for notaries to establish guardianship over the property of an individual who has been declared missing or a person who has gone missing under special circumstances. The draft law expands the list of persons to whom banks may disclose information constituting bank secrecy. In particular, it provides for its disclosure at the request of notaries to perform a notarial act to take measures to establish guardianship over the property of an individual who has been declared missing or a person who has gone missing under special circumstances.
The adoption of the draft law will allow family members of an individual who has been declared missing or missing under special circumstances to receive a notarized certificate of guardianship over the property of such persons. The law will also ensure the protection of the rights and interests of Ukraine in foreign jurisdictions in cases related to compensation for damage caused as a result of an international armed conflict in the country.
On May 23, the Verkhovna Rada adopted in the first reading a draft law amending certain laws on certain issues of disclosure of banking secrecy.
President of Ukraine Volodymyr Zelenskyy has signed the European integration law No. 3928-IX “On Grapes, Wine and Viticulture Products,” the press service of the Verkhovna Rada Committee on Agrarian and Land Policy reports.
According to the report, the law was adopted to bring the norms of sectoral legislation in line with the requirements of international rules for the production of viticulture and winemaking products, as well as to implement the provisions of the European Union’s regulations on viticulture and winemaking, oenological practices, production of flavored wine products, use and protection of geographical indications of wines, flavored wine products, and control in this area.
The document provides for the introduction in Ukraine 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 addition, the law provides for the definition of a mechanism for the protection of geographical indications in Ukraine, the introduction of new terms and definitions in accordance with the categories of European legislation, and the implementation of the rule on labeling and presentation of wine products.
The document establishes the principles for conducting inspections of wine production from the vineyard to the final product, defines controlling institutions and their powers, and specifies sanctions for violations of the requirements established by law.
Ukraine will create a unified state information system, the Viticulture and Winemaking Register, and provide for the possibility of state support for viticulture and winemaking.
It is expected that the law will help provide citizens with high-quality products produced in accordance with international rules with special properties due to the natural conditions of the territory of origin. New jobs and favorable conditions for the development of business entities of all forms of ownership will be created in rural areas.
The law will come into force on January 1, 2026.
