Ukraine may increase liability for violation of martial law requirements
24 December 11:49
The Verkhovna Rada of Ukraine has registered a draft law “On Amendments to the Code of Ukraine on Administrative Offenses to Strengthen Responsibility for Violation of the Requirements of a Special Legal Regime – Martial Law, which is introduced in Ukraine or in certain areas of Ukraine” (No. 12354). This was announced by the Permanent Representative of the Cabinet of Ministers in the Verkhovna Rada Taras Melnychuk, Komersant ukrainskyi reports.
The bill was introduced by the Cabinet of Ministers of Ukraine.
How the government explains the need for increased responsibility
As stated in the explanatory note to the draft law, the implementation of martial law measures has highlighted a legal gap in the legislation regarding the prohibition or restriction under martial law of entry, stay of the population in settlements from which mandatory evacuation is carried out. In addition, due to legislative uncertainty, the mandatory evacuation of children by decision of regional and Kyiv city military administrations from the territories of settlements, which fall in the areas of military (combat) operations, armed conflict zones and settlements close to the areas of combat operations, was complicated by the negative attitude of parents, persons in loco parentis or other legal representatives.
It is reported that the Ministry of Internal Affairs has developed a draft Law of Ukraine on Amendments to Certain Legislative Acts to Regulate the Issue of Mandatory Evacuation, the provisions of which are aimed at addressing the above issues.
What the government’s draft law provides for
It is proposed to supplement the Code of Ukraine on Administrative Offenses with a new Article 210-2. In particular, it is proposed to establish liability for violation of entry, staying in settlements from which a general mandatory evacuation is being carried out in the absence of specially issued passes or certificates, as well as for violation of curfews (prohibition of staying in the streets and other public places during a certain period of time without specially issued passes and certificates);
It is also planned to amend Article 262 of the Code of Ukraine on Administrative Offenses to authorize police authorities to carry out administrative detention of violators.
Earlier, MP Oleksiy Honcharenko reported that on December 20, the Cabinet of Ministers approved the relevant draft law.
He explained that the government’s draft law provides for the introduction of a separate administrative liability with a corresponding fine:
– for violation of the curfew and staying in public places during prohibited hours without passes – from 50 to 100 tax-free minimum incomes
– for violation of evacuation rules, i.e. entering or staying in settlements where mandatory evacuation is being carried out without special permits – from 30 to 50 tax-free minimum incomes.
Fines for the same actions committed within a year after the application of administrative penalties will be imposed in the amount of 100 to 200 tax-free minimum incomes.
The fines will not be applied to people who go to shelters, in cases of providing medical (pre-medical) assistance or accompanying the wounded and seriously ill, evacuating or rescuing property, and in other cases of threat to the lives of citizens.
Oleksiy Honcharenko also emphasized that this government draft law has yet to be submitted to and considered by the Verkhovna Rada.
