Important Draft Laws. Issue 44: Liability of NSDC Members for Unlawful Decisions and Combining the Roles of MP and Minister

Among other things, they propose allowing MPs to simultaneously serve as ministers, introducing liability for NSDC members for unlawful decisions, suspending the statute of limitations for individuals who choose military service over serving criminal sentences, requiring military training for medical students, and adopting a framework law on state policy in the field of national remembrance. Read more about these and other key legislative initiatives below.

Allowing MPs to hold political positions in government

Current legislation prohibits MPs from simultaneously serving as ministers, holding civil service positions, serving as mayors of cities or villages, or engaging in any paid activity (except teaching, research, creative work, or medical practice), including managing enterprises. An MP appointed to an incompatible position, such as a minister, must submit a resignation letter to Parliament within 20 days. If Parliament fails to secure enough votes to approve the resignation, the MP is automatically dismissed from the government position and returns to their parliamentary duties.

Bill No. 13304 proposes allowing MPs to hold their parliamentary mandate and a political position in the executive branch, specifically as Prime Minister, minister, or deputy minister. All other restrictions and permissions on holding multiple positions would remain unchanged.

Additionally, the bill proposes granting political parties the right to officially develop draft laws and advocate for them through their members holding political office, and allowing the use of public funds from the state for this purpose.

Introducing liability for NSDC members for unlawful decisions

Currently, members of the National Security and Defense Council of Ukraine (NSDC) are not held accountable for the legality of their decisions. Presidential decrees that enact these decisions may be challenged in the Supreme Court of Ukraine only if they violate the rights, freedoms, or interests of a specific individual (who may then file a claim) or of a business entity (in which case the company’s executives, owners, or other authorized persons may bring a claim if their rights or interests are affected). Bill No. 13311 proposes introducing liability for NSDC members who supported decisions later ruled unlawful by a court. In other words, any member who voted in favor of a particular decision (such as imposing sanctions) would bear financial liability, meaning they would be required to compensate part of the damages if that decision is unlawful and causes harm to an individual or business. The bill also stipulates monetary compensation for personal rights or freedoms violations, thereby establishing financial liability even for non-material rights violations.

Under the bill, the Secretary of the NSDC would review the Council’s decisions for compliance with Ukraine’s Constitution and laws and return them for revision if any violations are found.

The bill also proposes allowing presidential decrees enacting NSDC decisions to be annulled through judicial proceedings. Although the draft law does not specify which court would have this authority, under Article 266 of the Code of Administrative Procedure of Ukraine (CAPU), the Supreme Court considers challenging acts of the President as the court of first instance. The court would be authorized to temporarily suspend the validity of a presidential decree enacting an NSDC decision. At the same time, the case on its legality is under review—a measure not permitted under current law.

Amending the statute of limitations due to military service

The current Criminal Code provides that a person can be released from criminal liability if a specific period has passed since the offense—that is, if the statute of limitations has expired. The limitation periods are as follows: 2 years for minor infractions; 3 years for lesser crimes punishable by up to 2 years in prison; 5 years for other lesser crimes; 10 years for serious crimes; and 15 years for grave crimes. If no conviction is handed down within these timeframes, the person can no longer be prosecuted for the offense.

However, the law also provides for situations in which the statute of limitations is suspended, meaning the clock temporarily stops. This is designed to prevent someone from avoiding responsibility by obstructing the proceedings or being unable to participate for objective reasons. For example, suppose a person hides from the investigation or the court (by failing to appear without a valid reason and is officially declared wanted. In that case, the statute of limitations is suspended. In such cases, the person cannot simply “wait out” the limitation period while evading justice.

Similarly, the statute of limitations is suspended if a person is objectively unable to participate in proceedings—for instance, due to a serious, long-term illness or military mobilization under circumstances that make it physically impossible to appear in court, even remotely. In such cases, the suspension safeguards the person’s rights by ensuring the case is not heard in their absence and that they are given a fair opportunity to present their defense. By contrast, if a person has another legitimate reason, such as a business trip or family obligations, that does not prevent their participation over an extended period, the statute of limitations is not suspended.

It is essential to understand that suspending the statute of limitations is not a “punishment” and does not worsen a person’s legal standing. It is intended to ensure a fair trial, prevent offenders from exploiting procedural loopholes, and safeguard the rights of good-faith participants who face genuine obstacles.

The statute of limitations resumes once the person is detained or appears before the investigative, prosecutorial, or judicial authorities.

Bill No. 13284 proposes extending the suspension of the statute of limitations during martial law to suspects who, after committing a crime, sign a contract with a military unit. However, the suspension would not apply automatically—it would only apply if the suspect cannot participate in court hearings, even via videoconference, due to direct involvement in combat or other defense-related operations. This must be confirmed by a combat order or a commander’s directive. If the person is serving in the rear and can attend court hearings at least remotely, the proceedings would continue, and the statute of limitations would not be suspended.

Introducing additional annual leave for service members deployed in combat zones

During martial law, service members are entitled to 30 days of annual leave (with no more than 30% of a unit’s personnel on leave at the same time) and an additional leave of up to 15 calendar days for family reasons. The regular and additional leaves are granted without counting travel time, though no more than two days each way are allowed for travel.

Bill No. 13303 proposes introducing a new type of leave—additional annual leave for service members deployed in combat zones. This leave would be paid and could be taken either together with regular annual leave or separately. The number of additional days would depend on the length of service in combat conditions: 10 days after one year, 20 days after two years, 30 days after three years, and 40 days for those who have served more than four years in combat zones.

Introducing new types of state assistance for families with children

Currently, legislation provides several types of state assistance for families with children, including a childbirth grant and payments to mothers awarded the title of “Mother-Heroine.” Bill No. 13295 proposes changes to the existing system. Instead of the current lump-sum childbirth grant (i.e., UAH 41,280, of which UAH 10,320 is paid immediately and the remainder over 36 months), the bill proposes introducing a monthly allowance for the care of a child under the age of six, set at the subsistence minimum for that age group (currently UAH 2,563 per month). This allowance would be credited to a dedicated card and used exclusively for purchasing children’s goods and services, similar to the monetized version of the “Baby Package” program.

Separately, the bill proposes introducing a future fund for children—a payout held in a deposit account until the child reaches adulthood. There would be 25 subsistence minimums for children under six (about UAH 64,000). Early withdrawal from the deposit would be permitted only in exceptional cases (such as serious illness, the purchase of housing, or paying for education). A child residing in Ukraine for less than nine years before turning 18 would lose the right to these funds.

Changes would also apply to payments to mothers awarded the “Mother-Heroine” title. They receive a one-time payment equal to ten subsistence minimums for non-disabled persons (UAH 30,280). The bill proposes replacing this with a monthly allowance equal to the subsistence minimum for non-disabled persons (UAH 3,028). However, this would only be paid to those who do not receive a social or employment pension, meaning the allowance would cease once the recipient qualifies for a pension.

Additionally, the bill proposes providing free utility hookups for large families, prohibiting the disconnection of utilities for such families, offering preferential long-term loans for housing, vehicles, and business activities, and restricting the seizure of any state assistance provided to families with children (although such a ban is already established under the Law on Enforcement Proceedings). The preferential long-term housing loans would be interest-free, with terms of up to 50 years, and available to families meeting the bill’s criteria. Eligible families must not own any housing, must have the required employment history (between 2 and 4 years, depending on family size), and at least one family member must be officially employed. The maximum loan amount for housing would be up to 650 subsistence minimums for non-disabled persons (nearly UAH 2 million). Families with two or more children would be eligible for interest-free loans to purchase a vehicle (up to 325 subsistence minimums—nearly UAH 1 million) and start a business (up to 650 subsistence minimums—UAH 2 million).

The bill proposes reimbursing 100% of expenses for artificial (in vitro) fertilization for childless families.

According to the authors’ estimates, annual expenditures for implementing the bill would amount to approximately UAH 48.5–78.5 billion. While the authors do not specify exact funding sources, they suggest that government authorities should take measures to secure the necessary resources, including reallocating budget expenditures, improving taxation, combating the shadow economy, or introducing a demographic levy.

Combating money laundering

To strengthen efforts against money laundering, Bill No. 13233 proposes establishing two registries under the management of the State Tax Service. The first would be a registry of accounts and safe deposit boxes held by individuals, and the second would be a registry of trust beneficiaries.

The bill imposes obligations on banks, payment institutions, and electronic money issuers to report the opening and closing of accounts, electronic wallets, and safe deposit boxes. Trustees of trusts and traders in cultural assets located in free ports (special customs zones for storing, processing, or selling goods without the payment of import duties and taxes—duty-free shops being just one of many possible formats) would be required to comply with financial monitoring regulations as primary reporting entities—meaning they would need to conduct customer due diligence. The bill also sets requirements for these entities to implement internal compliance policies, verify reputations, run financial monitoring programs, and report discrepancies in beneficiary information. Trustees and cultural asset traders would additionally be obligated to report suspicions to law enforcement and prevent individuals with a criminal record (specifically, an unexpired and unexpunged conviction) from participating in financial institutions. The State Tax Service would be authorized to impose fines, restrict operations, and revoke licenses for violations related to reporting ultimate beneficial ownership information.

Finally, the bill guarantees whistleblowers in financial monitoring access to free legal aid, protection against dismissal, and confidentiality of their personal data.

Taxation of the income of non-resident POWs

Bill No. 13274 proposes introducing a separate legal definition for this category—individuals who are non-residents of Ukraine and prisoners of war (POWs). Facilities where POWs are held—such as pre-trial detention centers or camps—would be required to report their income and the corresponding taxes in official tax filings, specifically personal income tax and the military levy.

According to government estimates, revenue from taxing POW income is expected to reach UAH 1.4 million in 2025. Media reports indicate that non-resident POWs receive between UAH 1,500 and 2,000 per month.

Changes to timber market rules: alternative approaches

We covered Bill No. 13227 on the timber market in the previous issue. An alternative bill, No. 13227-1, proposes introducing a four-stage model for timber exchange trading. In the first stage, only enterprises engaged in timber processing and listed in a special registry would be allowed to participate. Up to 40% of the timber volume at this stage would be allocated to small producers (companies with up to 50 employees and an annual processing volume of up to 5,000 cubic meters). With less than 70% of the timber sold in the primary auction, the remaining lots would move to a repeat primary auction, still limited to timber-processing enterprises. This would be followed by additional auctions and repeat additional auctions, open to all participants who meet the exchange’s requirements: registration in Ukraine, no outstanding debts, submission of required documentation, technical capability to operate in the electronic system, and no conflicts of interest or sanctions.

Market participants would be required to submit declarations to the State Forest Resources Agency containing information on timber harvesting, purchasing, processing, and sales volumes; the types of products they manufacture; the number of employees; equipment; and sources of raw materials. Submission of a declaration would be mandatory for inclusion in the official List of Wood Processing Enterprises, which grants the right to participate in exchange-based timber trading. To participate in such trading, participants would also be required to provide guarantee deposits—either in cash or as a bank guarantee—with the amount determined by the exchange based on the lot size. This measure ensures that auction winners have the necessary funds to pay for their purchases.

An alternative bill, No. 13227-2, envisions the creation of a unified State Forestry Portal through which market participants would register and submit harvesting plans, reports, permit applications, certificates, and declarations related to sales, processing, exports, and batch splitting. The portal would include a registry for timber transaction declarations, and the List of Wood Processing Enterprises would be generated automatically electronically. Each batch of timber would be assigned a unique digital identifier, enabling full traceability from harvesting to final sale. The bill prohibits government authorities from introducing additional restrictions or requirements not explicitly stipulated by law. Contracts between market participants must include mandatory terms such as volume, quality, delivery timelines, price, and liability of the parties. For certain types of sales—specifically, defense or public (state) procurement—the bill provides for special contractual terms, including fixed pricing, specific deadlines, and enhanced guarantees.

Bill No. 13227-3 introduces a four-stage timber exchange model similar to that proposed in Bill No. 13227-1. It clarifies that guarantee deposits would be required for participation in the auctions. The auction organizer would determine the deposit amount based on market risks, but it may not exceed 1.5% of the starting price of the lot or UAH 1.5 million.

Mandatory military training for medical and pharmaceutical students

Currently, military training under Ukraine’s reserve officer training program (commonly referred to as the military department) is voluntary for all citizens holding or pursuing a bachelor’s degree. Participants must also be deemed fit for military service (based on a medical examination by a military medical commission) and possess high moral and professional qualities (assessed through interviews with draft boards and supported by references from workplaces, educational institutions, and police records). The government sets the training procedures based on the Ministry of Defense’s proposals. During martial law, the training period may be reduced by half. Under normal conditions, the standard term is up to two years, with weekly classes. The Ministry of Defense determines the list of eligible specialties and training quotas in coordination with the Ministry of Education and Science.

Bill No. 13276 proposes a new approach: military training would become mandatory for students pursuing degrees in medical and pharmaceutical fields, provided they are fit for service and pass a professional psychological selection process. This process includes psychological testing, assessments of intellectual and psychophysiological abilities, and evaluations of suitability for specific military specialties conducted by military psychologists using specialized methods. Higher education institutions that train medical and pharmaceutical students would be required to ensure they complete reserve officer training for the medical service.

Meanwhile, students in other fields of study would continue to undergo military training voluntarily. However, instead of the previous assessment of moral and professional qualities, they would now be required to pass a professional psychological evaluation.

Framework law on the state policy of national remembrance in Ukraine

Bill No. 13273 lays the foundation for the state’s policy in national remembrance. It stipulates that the state should support historical research, commemorative activities, and the fight against anti-Ukrainian propaganda, engaging state authorities, archives, civil society organizations, and citizens in these efforts. The Ukrainian Institute of National Remembrance would coordinate this work by collecting, synthesizing, and publishing information on violations, such as the promotion of totalitarian regimes, the denial of crimes committed against the Ukrainian people, or propaganda advancing Russian imperial ideology. The Institute would provide explanations and recommendations, but would not be responsible for enforcement. It would not conduct inspections or impose penalties; instead, it would rely on open sources, public authorities, law enforcement agencies, NGOs, and citizens to report violations.

Civil society organizations would be entitled to submit proposals to the Institute on national remembrance matters, take part in implementing the State Strategy for the Restoration and Preservation of National Remembrance, organize events, assist in research, and support the creation of memorials, museum exhibitions, or remembrance books. The state commits to supporting such initiatives financially through competitions and grants.

The bill introduces the concept of ruscism (also known as rashism)—a modern imperial-totalitarian ideology of the Russian state, rooted in Russian chauvinism, imperial traditions, Soviet methods, and elements of Nazism.