Forfeit of 170,000 hryvnias or 12 years in prison: Ukraine seeks to increase penalties for men who have left the country

Ukrainian lawmakers are concerned about border violations during a state of emergency and have decided to increase penalties for fleeing individuals.

Law No. 7268 was registered in the Verkhovna Rada last year. However, it was only added to the agenda in early September, and it will be considered in the near future.

In the new law, it is proposed to establish criminal liability for the illegal crossing of Ukraine’s state border during a state of emergency, with the aim of preventing the outflow of Ukrainian citizens capable of and obligated to defend their country.

Members of parliament suggest amending Ukraine’s Criminal Code with a new Article 332-3, titled “Illegal Crossing of Ukraine’s State Border During a State of Emergency.”

Offenders would face significant penalties, including fines of up to 170,000 hryvnias or imprisonment for a period of 3 to 5 years. If the violation is committed repeatedly or by a group of individuals, the imprisonment term could be extended to 8 to 12 years.

Currently, Ukrainian legislation includes several articles under which border violators can be punished, depending on the method of crossing and the circumstances. For example:

• Article 358 of the Ukrainian Criminal Code deals with the forgery of documents, seals, etc. (such as passports or military medical commission findings of unfitness), which can result in fines, arrest, or imprisonment.
• Article 369 of the Ukrainian Criminal Code covers attempts to bribe border guards, which can lead to fines or imprisonment for up to 4 years.
• Article 204-1 of the Ukrainian Code of Administrative Offenses deals with “Illegal Crossing or Attempted Illegal Crossing of Ukraine’s State Border.” This article applies to cases of attempting to cross the border through forests or hiding in a car trunk (known as “baby boxes”). The punishment for such cases includes fines ranging from 3,400 to 8,500 hryvnias or administrative arrest.

In addition, in all cases of evasion of military service, individuals fall under Article 336 of the Ukrainian Criminal Code, which deals with “Evasion of Call-Up for Military Service During Mobilization, Special Period, Call-Up of Reservists During a Special Period.” Currently, border violators are fleeing in large numbers to avoid conscription and punishment under Article 336, which carries a prison sentence of 3 to 5 years.

Lawyers note that there is now another penalty for those evading military duty. The State Enforcement Service has begun blocking the bank cards of debtors under Article 210 of the Ukrainian Code of Administrative Offenses, “Violations of Legislation on Military Duty and Military Service by Military Personnel or Draftees.” In other words, territorial recruitment centers issue fines. If the fine is not paid, they transfer the debt to the enforcement service.

Once enforcement proceedings are initiated, the State Enforcement Service locates all the debtor’s accounts in banks. The enforcement officer has the right to impose electronic arrest and deduct the funds.

The enforcement service also has other methods of influence, including the search and seizure of vehicles and real estate, restrictions on notarial actions, and more.