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Publication date: 21.04.2024
Лоер
Evasion of conscription by mobilization: legal aspects
Conducting military service in conditions of mobilization is an important element of national defense capability and ensuring the country's security. However, evasion of conscription for mobilization, as a violation of military duty, entails serious legal consequences in accordance with Article 336 of the Criminal Code of Ukraine and other legislative acts.
Military service is a special form of public service, which is reflected in the professional activities of persons who must meet certain health and age criteria, regardless of their citizenship, and is associated with the defense, independence and territorial integrity of Ukraine.
The time spent in military service is taken into account as an integral part of the general insurance period, work experience, work experience in the specialty, and also as civil service experience for citizens of Ukraine.
Citizens of Ukraine undergo military service in the Armed Forces and other military formations in accordance with the laws of the country in order to obtain a military specialty and skills for defending the country.
Military duty includes:
preparation for military service;
registration to military stations;
voluntary acceptance into military service (under contract) and conscription;
military service;
fulfillment of military duty in reserve;
service in the military reserve;
compliance with military records.
Citizens have the right to replace military duty with alternative (non-military) service in accordance with the Constitution and relevant legislation.According to the laws "On mobilization preparation and mobilization" and "On military duty and military service", citizens who evade conscription for military service, conscription for mobilization, military registration or a special meeting bear administrative and criminal liability in accordance with current legislation.
Responsibility for evasion of military service
Evasion of military service, in particular in conditions of mobilization, falls under Article 336 of the Criminal Code and is subject to corresponding legal consequences. Violation of this article may result in a fine or other punishment in accordance with applicable law.
Legal provisions and criminal liability
Ukrainian legislation clearly defines liability for evasion of military service, including criminal liability for such actions. Fines and punishments for evasion of military service may be applied in accordance with the law.
Conscription for compulsory military service is a legal way to support the Armed Forces and other military formations of the country.
Evasion can manifest itself in:
submission of false medical certificates;
fleeing from place of permanent residence;
artificially injuring oneself or feigning illness;
attempts to bribe the military registration and enlistment office;
direct refusal of military service.
Criminal liability arises from the moment of receiving full or temporary exemption from military service. The very attempts at self-assistance, false medical certificates and other actions can be considered as an attempt to evade military conscription, and then the article for evading military service comes into force.Preparation to commit a criminal offense provided for by law does not entail criminal liability. However, draft evasion without action can be considered a completed offense from the moment the person is not sent to a military unit.
Respected reasons for non-arrival at the recruiting station are force majeure, serious illness or death of a close relative. Disagreement with the decision on alternative service does not exempt you from conscription.
The beginning of military service for conscripts is the day of departure to the military unit. Thus, a person who was sent but evaded service is subject to criminal liability in accordance with current legislation.
Year and Codification of Violation
According to the norms established by law, fines and other types of punishment for evasion of military service may vary depending on the time frame and codification of the violation, including by year.
Conclusion
Evasion of conscription for mobilization, as a violation of military duty, has serious legal consequences according to the current legislation of Ukraine. Fines and criminal liability for evasion of military service are established taking into account legal provisions and criminal liability.
