Publication date: 12.09.2025
My name is Dyachenko Marina, I am a lawyer from Kyiv. The key areas in which I work are military, family and civil law. I have 15 years of work experience, so I have a lot of positive cases on my account.
Introduction
The issue of Evasion of conscription for mobilization became one of the most urgent in Ukraine during 2022–2024. With martial law in force and ongoing mobilization, the state has tightened control over the fulfillment of military duty. It is important to understand what liability for evasion of military service is provided by law, what punishment for evasion of military service may be applied, and how Article 336 of the Criminal Code regulates these matters.
Our law firm, with more than 10 years of experience, provides consultations, explains the law on evasion of military service, and ensures the protection of every citizen’s rights. If you want to receive legal support for your case — contact us today.
What is evasion of military service?
Evasion of military service means deliberate actions or inaction of a conscript or a reservist aimed at avoiding mobilization or active duty.
Typical examples include:
- not appearing at the military office without valid reasons;
- using forged documents;
- hiding the place of residence;
- deliberately avoiding the medical commission.
- The law on evasion of military service provides different types of liability depending on the circumstances.
Types of liability
Administrative liability
- In some cases, administrative measures apply. Evasion of military service KUPAP (Code of Administrative Offenses) may lead to a fine. For instance, when a conscript fails to appear for the first time without valid reason.
- The amount of fines has changed: the fine for evasion of military service 2022 was lower compared to the fine for evasion of military service 2024, which has been significantly increased.
Criminal liability
When actions are systematic and deliberate, criminal liability for evasion of military service is applied. The main norm is Article 336 of the Criminal Code. It provides punishment for evasion of military service in the form of imprisonment from three to five years.
Even a single proven case can become grounds for opening a criminal proceeding. 336 of the Criminal Code clearly defines evasion of conscription for mobilization as a crime.
How is evasion proven?
To prove guilt in court, authorities must provide evidence:
- official summons delivered to the individual;
- acts confirming refusal to accept documents;
- medical commission absence records.
A defense attorney can challenge these materials if procedures were violated. For example, if the summons was handed incorrectly or the person had a documented valid excuse.
Practical examples
In 2022, a man was fined for a one-time absence from the military office. This was qualified as an administrative violation.
In 2024, another conscript repeatedly ignored summons and left the country. His case was considered under the article for evasion of military service, and he received a real prison sentence.
Advice to citizens
- Always keep copies of documents proving valid reasons for absence.
- If you receive a summons, consult a lawyer first.
- Do not rely on rumors about exemptions unless confirmed in the evasion of military service article and official legislation.
How the law on evasion of military service works
The law on evasion of military service is based on the Constitution of Ukraine, the Law "On Mobilization Training and Mobilization," and the Criminal Code.
Key provisions include:
- all men aged 18–60 must be registered for military duty;
- conscripts and reservists must appear upon summons to the Territorial Recruitment Centers;
- evasion of military service 2022 and evasion of military service 2024 are regulated by the same law, though penalties and procedures have evolved.
Criminal liability for evasion of military service applies only when there is evidence of deliberate and systematic violation.
Punishment for evasion of military service
Sanctions may vary depending on the severity:
- Administrative — for instance, the fine for evasion of military service 2022 was several hundred hryvnias, while the fine for evasion of military service 2024 has been increased significantly.
- Criminal — imprisonment under Article 336 of the Criminal Code. Courts may also take mitigating factors into account, such as health issues or family responsibilities.
Even a suspended sentence under evasion of military service KKU still means a criminal record, which can have long-term consequences.
Article 336 of the Criminal Code explained
Article 336 of the Criminal Code (also referred to as evasion of military service KKU or 336 of the Criminal Code) directly addresses evasion of conscription for mobilization. Its key points are:
- evasion is classified as a crime against the state;
- punishment ranges from 3 to 5 years of imprisonment;
- lack of valid reasons automatically counts as intent.
Lawyers often refer to evasion of military service article in court to demonstrate whether a case has been mishandled by authorities.
Questions and answers
Question
Can someone avoid criminal liability?
Answer
Yes, if valid reasons exist, such as illness, disability, or caregiving. A lawyer will help prepare supporting evidence.
Question
Does liability apply to evasion of military service 2021?
Answer
Yes, but in 2021 large-scale mobilization was not yet active, so most cases concerned conscription for regular service.
Question
Which article applies for evasion?
Answer
The relevant article for evasion of military service is Article 336 of the Criminal Code.
Question
Is it possible to receive only a suspended sentence?
Answer
Yes, but this depends on the court and on proper legal defense.
Step-by-step guide if you receive a summons
- Receive the document officially — it must include signature and seal.
- Check legality — verify whether the summons is filled out correctly.
- Prepare documents — medical certificates, work confirmation, caregiving proof.
- Seek legal advice — an attorney will explain your rights and responsibilities.
- Appear at the military office — even if you have grounds for deferment, confirm them officially.
Why contact a lawyer?
- professional defense in court;
- assistance in collecting valid evidence;
- guidance on the application of evasion of military service KUPAP or the Criminal Code;
- guaranteed protection of your rights.
- Our law firm has over 3 years of experience helping citizens in complex legal matters. We know how the law on evasion of military service is applied in practice and how to defend you against wrongful charges.
Contact us now to get a consultation.
Evasion of conscription for mobilization is a serious offense with both administrative and criminal consequences. The evasion of military service article, namely Article 336 of the Criminal Code, clearly defines the punishment, which may include imprisonment.
However, the law also ensures the right to defense. If you are facing such accusations, do not ignore them — seek professional legal help. A qualified lawyer will protect your interests and ensure fair treatment.
