In the near future, the Verkhovna Rada of Ukraine plans to consider and vote on the draft law “On Amendments to the Criminal Code of Ukraine Regarding the Establishment of Liability for the Illegal Transfer, Deportation, or Unjustified Delay in the Repatriation of a Child, recruitment and use of children for military purposes by a representative of a foreign state,” registered under number 12170. This document is intended to strengthen the protection of children’s rights in situations of armed conflict.

Key Provisions

The bill expands the scope of Article 438 of the Criminal Code of Ukraine and establishes liability for the following acts committed against children:

1. unlawful transfer—the forced transportation of a child from the place where the child is lawfully present;
2. deportation—the forced expulsion from the territory of Ukraine;
3. unjustified delay of repatriation—creating obstacles to a child’s return home;
4. recruitment and use for military purposes—the involvement of children in combat operations or other military tasks by a representative of a foreign state.

These changes apply to situations where children become victims in conditions of war or occupation—for example, when they are taken out of Ukraine, prevented from returning to their families, or used in conflicts. The penalty for such actions is imprisonment for a term of 8 to 12 years.

Why are these changes necessary?

The need for this bill stems from the realities of war and occupation, when children become particularly vulnerable. Currently, the Criminal Code of Ukraine lacks clear provisions that explicitly establish liability for such crimes against children. For example, cases of Ukrainian children being deported to Russia, handed over to foreign families, or recruited for military purposes have already been documented, but law enforcement agencies lack sufficient legal tools to hold the perpetrators accountable.

Furthermore, these changes are in line with Ukraine’s international obligations. International humanitarian law, specifically the Geneva Conventions and the Rome Statute, condemns the use of children in warfare. The UN Committee on the Rights of the Child has explicitly recommended that Ukraine criminalize the recruitment of children under the age of 18. Therefore, this bill is not only a means of protecting our children but also a step toward complying with international standards.

Positive Aspects

This bill is important for:

• protecting children: it clearly states that acts against children during wartime are crimes, and those responsible will not escape punishment;
• crime prevention: severe punishment can deter offenders;
• Ukraine’s international image: Ukraine is demonstrating that it is ready to combat violations of children’s rights in accordance with global standards.

Weaknesses of the bill

However, the bill is not perfect and has several shortcomings that could complicate its implementation.

1. Duplication of provisions: certain actions, such as unlawful transfer or deportation, are already partially covered by other articles of the Criminal Code of Ukraine, such as those on war crimes (Art. 438, to which amendments are being made), crimes against humanity (Art. 442-1), or genocide (Art. 442). This could lead to confusion in the courts, where the same acts would be classified differently.
2. Disproportionate penalties: Punishment for crimes against children (ages 8–12) is less severe than for similar acts against other civilian groups (7–15 years under Article 442-1). This is illogical, as children are a particularly vulnerable group, and the protection of their rights must be a priority.
3. Ambiguity of terms: the concept of “unjustified delay in repatriation” is vague. What constitutes a “justified” delay? Without clear criteria, courts may interpret this term differently, which will undermine the provision’s effectiveness.
4. Limitation on perpetrators: The bill specifies that only a “representative of a foreign state” is liable. But what if such actions are committed, for example, by collaborators or private individuals? This narrows the circle of those who can be held accountable.

Conclusion and Recommendations

This bill is an important step toward protecting children in wartime, and its concept deserves support. It can help end impunity for crimes that destroy the lives of our youngest citizens. However, for its successful implementation, further refinement is needed to:

• avoid duplication with existing provisions of the Criminal Code of Ukraine;
• increase penalties to underscore the particular gravity of crimes against children;
• clarify terms such as “unjustified delay in repatriation” to avoid legal loopholes;
• expand the scope of potential perpetrators to cover all potential offenders, not just representatives of foreign states.

If these shortcomings are addressed, the law will become a powerful tool for protecting children’s rights and preventing crimes during wartime. Protecting our children is not only a legal but also a moral responsibility that falls upon all of us.