Ukraine to introduce criminal liability for deportation of children

Ukraine is to introduce separate criminal liability for the deportation and unjustified delay in returning children, including actions committed by representatives of Russia and Belarus. The Verkhovna Rada (Ukrainian Parliament) has passed the relevant bill, No. 12170, into law.

Source: Yaroslav Zhelezniak, an MP from the Holos ("Voice") party

Details: The law introduces amendments to the Criminal and Criminal Procedure Codes of Ukraine by adding Article 448, which establishes specific liability for representatives of foreign states for:

• the illegal deportation of children;
• unjustified delays in their repatriation;
• actions that may result in such delays.

These offences will be punishable by imprisonment for a term of 8 to 12 years. The bill also defines which authorities will be responsible for investigating cases of deportation.

The explanatory note to the bill states that only a few hundred of the tens of thousands of deported Ukrainian children have been returned home. Until now, Ukraine’s national legislation had no specific provisions regarding accountability for the illegal deportation of underage Ukrainians.

Quote from the explanatory note: "Actions aimed at deporting, forcibly displacing and unjustifiably delaying the repatriation of Ukrainian children are a cause for concern both in Ukraine and within the international community.

The unjustified delay by the Russian Federation in returning Ukrainian children who have been forcibly displaced or illegally deported is often accompanied by their forced placement into Russian families or institutions." 

Details: It is further emphasised that Russia’s unwillingness to return these children may indicate an intent to permanently retain them within its territory, severing them from their native environment and subjecting them to forced Russification.

"Punishing those responsible is one of the key means of preventing such crimes from recurring and thus securing the inalienable right to justice for victims of international crimes," the explanatory note reads.

Background: As of December 2024, Ukraine was searching for 20,000 children forcibly deported by Russia. The actual number of illegally displaced Ukrainians may, however, be significantly higher.

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