Publication date: 16.04.2024
I am Mariya Borevich, your personal lawyer. My primary goal is to help clients find optimal solutions to current legal issues, ensuring reliable protection of their interests. I specialize in family, civil, and military law, which allows me to effectively handle a variety of situations and cases. In family law, I provide support in resolving issues related to divorce, property division, establishing and challenging parental rights, alimony, and child custody. I understand that these matters are often emotionally complex, so I always strive to find the most delicate and fair solutions for all parties involved. In civil law, I assist in settling disputes related to contracts, property rights, compensation for damages, inheritance, and other issues concerning the protection of personal and property interests. Special attention is given to military law — supporting servicemen, protecting their rights and interests related to military service, social guarantees, and legal disputes. This area requires deep knowledge and understanding of the specifics of military service and the legislation regulating it.
Law on evasion of military service military service, criminal liability for evasion of military service, article for evasion of military service. Ukrainian legislation clearly regulates the issue of evasion of military service, especially during mobilization or martial law.
The main provisions regarding this crime are defined in the Criminal Code of Ukraine, in particular in Articles 335 and 336.
Article 335 of the Criminal Code: Evasion of military service
Part 1: Describes evasion of military service in peacetime. Punishment can range from fines to imprisonment for up to three years.
Part 2: Establishes a penalty for evasion committed repeatedly or by prior conspiracy by a group of persons, which provides for imprisonment for a term of two to five years.
Article 336 of the Criminal Code: Evasion of conscription for mobilization
Part 1: Punishes draft evasion during mobilization or martial law by imprisonment for a term of up to three years.
Part 2: Repeated evasion or evasion by a group of persons may be punished by imprisonment for a term of two to five years.
Actions considered evasion. Evasion may include:
Non-fulfillment by conscripts of the legal requirements of the military commissariat;
Arbitrarily leaving the place of service (desertion);
Hiding or changing the place of residence without notifying the relevant authorities;
Forging documents or using forged documents to avoid conscription;
Other intentional actions aimed at avoiding military duty.
Legal consequences:
In addition to criminal penalties, those found guilty of military service evasion may face other legal and social consequences, including the loss of certain civil rights.
Court practice and possible circumstances:
In judicial practice, all the circumstances of the case are taken into account, including the motives and previous behavior of the accused. In practice, modifying and extenuating circumstances may also be taken into account.
Legal risks:
Punishment for evading military service. In addition to criminal liability, persons convicted of draft evasion may face additional social and legal consequences, such as restrictions on the right to hold certain positions or engage in certain activities.
Penalty for evasion of military service 2022. During mobilization or martial law, fines may also be used, but more severe measures such as imprisonment for up to three years are more often used. Fines in such cases can vary, but the exact amounts are set by the court based on the specific circumstances of the case.
In general, evasion of military service in Ukraine is taken seriously, and the punishment depends on the severity of the actions, whether the evasion was systematic or was committed during special circumstances (such as martial law or general mobilization).
If you have specific questions about this topic or need legal assistance, it is recommended that you consult a qualified lawyer who specializes in military law or criminal law.
