In Ukraine, religious beliefs are not grounds for release from mobilization, but only allow the passage of alternative (non -military) service. Refusal to perform military duty without legal grounds can lead to criminal liability.
Who is entitled to an alternative service?
According to the Law of Ukraine “On Alternative (Non -Military) Service”, only representatives of religious organizations, whose doctrine prohibits wearing weapons, can exercise this right. Such religious communities include:
- Jehovah's Witnesses
- Seventh -day Adventists
- Fifty
- Evangelical Faith Christians - Baptists
This is confirmed by Article 35 of the Constitution of Ukraine, which guarantees citizens the right to replace military service alternatively, provided that their religious beliefs are contrary to the use of weapons.
How to design an alternative service?
The procedure for passing the alternative service includes several stages:
- Application to the Territorial Center for Acceptance and Social Support (TCC and JV).
- Documentary confirmation of belonging to the religious community (for example, a certificate from the relevant organization).
- Consideration of the application by a local commission, which makes decisions on the possibility of passing the alternative service.
In case of a positive decision, the military will be sent to non -military service in social institutions, hospitals or other works that are not related to the use of weapons.
Lawyer Dmitry Franchuk explains that refusal to mobilize without legal grounds can have criminal consequences. If a person belongs to a religious community that prohibits wearing weapons, he or she must undergo an alternative service but cannot simply evade the call.
Moreover, the recent decisions of the Supreme Court of Ukraine confirm that the right to freedom of conscience and religion is not absolute. The court may recognize the refusal of mobilization illegal, even if a person has religious beliefs but is able to perform non -military tasks - for example, repair of military equipment or carriage of goods.
The abandonment of military service without legal grounds can be justified under Art. 336 of the Criminal Code of Ukraine ("evasion of conscription for military service during mobilization"). Sanctions under this article provide for:
- Fine
- Restraint of liberty
- Imprisonment for a term of 3 to 5 years
The lawyer notes that the legislation does not provide for complete release from mobilization on the basis of religious beliefs. If a person evades the obligation without applying for an alternative service, he or she may be held accountable.
