The Rada is proposing to increase the liability of commanders for ignoring reports from military personnel
A proposal has been introduced in parliament to increase penalties for violations of the procedure for reviewing reports submitted by military personnel. Specifically, commanders who ignore such documents could face administrative penalties of up to 10 days of detention. The legislative initiative provides for graduated sanctions depending on the nature of the violation.
This is reported by the “Judicial and Legal Gazette.”
The Verkhovna Rada is currently considering Bill No. 15120, which proposes introducing administrative liability for violations of the procedure for reviewing reports from military personnel. The document provides for amendments to the Code of Ukraine on Administrative Offenses—it proposes adding a new Article 172-21.
The bill provides for the following scale of fines:
- under normal conditions—a fine of 50 to 100 non-taxable minimum incomes;
- during a special period (excluding martial law), as well as in cases of repeat offenses—a fine ranging from 100 to 200 non-taxable minimum incomes or detention in a guardhouse for up to 5 days;
- under martial law—a fine ranging from 200 to 500 non-taxable minimum incomes or detention in a guardhouse for 5 to 10 days.
The authors of the bill justify the need for these amendments by noting that, in the context of full-scale armed aggression against Ukraine, the protection of servicemembers’ rights and the observance of statutory relations have become critical. In the context of active combat operations, the timely review of reports (particularly regarding medical treatment, leave, and supplies) directly affects the morale and psychological well-being of personnel and the combat readiness of units.
One of the main tools for communication between a service member and the command is the report, which serves as the basis for the realization of key military rights—leave, medical treatment, transfer, discharge, and so on.
At the same time, according to the authors of the initiative, in practice there are widespread cases of violations of the procedure for reviewing reports, refusal to accept or register them, failure to comply with established review deadlines, failure to provide a response, or leaving a report unaddressed. The very idea of strengthening discipline in the sphere of military service is justified by the need to ensure the rights of military personnel; however, the proposed changes raise a number of concerns.
Parliament noted that amendments to legislation should be based on an analysis of how current regulations are applied in practice. At the same time, the draft law does not include data confirming the ineffectiveness of current regulations or the existence of loopholes that lead to evasion of responsibility.
It is emphasized that the current provisions of the Code of Administrative Offenses already contain provisions covering similar acts by military personnel. In particular, Article 172-13 of the Code of Administrative Offenses provides for liability for abuse of power or official position, that is, the intentional use of official powers contrary to the interests of the service, which entails an administrative penalty in the form of a fine.
Article 172-14 of the Code of Administrative Offenses establishes liability for exceeding authority or official powers, that is, committing acts that clearly go beyond the scope of granted powers, and provides for:
a fine of seventy to one hundred forty-five non-taxable minimum incomes or arrest with detention in a guardhouse for up to seven days.
Acts provided for in part one of this article, committed during a state of emergency, entail the imposition of a fine ranging from one hundred forty-five to two hundred eighty-five non-taxable minimum incomes or arrest with detention in a guardhouse for a period of seven to ten days.
Thus, the provisions proposed in the draft law contain an almost identical approach to liability.
In addition, in cases where such actions result in significant harm, criminal liability applies under Articles 425, 426, and 426-1 of the Criminal Code of Ukraine. In particular, these provisions establish liability for negligent attitude toward military service, abuse of power or official authority, as well as inaction by military authorities, if such actions result in serious consequences—up to and including criminal punishment, including imprisonment depending on the nature of the offense.
In this regard, experts note that the proposed establishment of a separate category of administrative offense may constitute excessive legal regulation, as it duplicates existing approaches to liability and potentially complicates law enforcement.
Attention is also drawn to terminological inconsistencies: the draft law uses the term “military officials,” whereas current legislation employs the definition “military service personnel,” as established in the Code of Administrative Offenses. This may create risks of legal uncertainty and complicate the practical application of the provision.
Furthermore, the draft law uses the term “military officials,” whereas current legislation employs the definition “military service personnel,” as set forth in the note to the relevant article of the Code of Administrative Offenses. This may create risks of legal uncertainty.
Furthermore, the provisions regarding the law’s entry into force do not take into account the position of the Constitutional Court of Ukraine, according to which a reasonable period of time must be provided between the official publication of the law and its entry into force.
The explanatory note states that the implementation of the draft law will not require additional expenditures from the State and local budgets. At the same time, it also indicates that the introduction of administrative fines for violations of the procedure for reviewing reports from military personnel may affect budget revenues through their payment in the event of detected violations.
Despite this, a financial and economic justification with relevant calculations has not been attached to the bill, which is considered a violation of the requirements of Part 1 of Article 27 of the Budget Code of Ukraine and Part 3 of Article 91 of the Verkhovna Rada Regulations.
Earlier, the Cabinet of Ministers submitted a draft law on incentive contracts for the Armed Forces of Ukraine to the Rada.
