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Publication date: 22.04.2024
Лоер
Evasion of conscription (336 CC): Features and Liability
Ukrainian criminal legislation provides for liability for evasion of the draft for mobilization, which constitutes a serious violation of the law and threatens state security. The introduced Article 336 of the Criminal Code of Ukraine defines criminal responsibility for this type of crime.
According to Article 336-1 of the Criminal Code of Ukraine, a person who evades civil protection service during a special period (except for the reconstruction period) or in the case of targeted mobilization may be punished by imprisonment for a term of two to five years.
Definition of the Crime: Evasion of the draft for mobilization (336 of the Criminal Code) includes all actions aimed at evading the call for military service during the mobilization announced in connection with a threat to state security or a threat to the life and health of citizens.
Punishment for Military Service Evasion: According to the law, a person who evades the draft for mobilization can be punished by a fine or imprisonment for a term of up to two years.
Legislation: Article 336 of the Criminal Code clearly defines responsibility for evasion of the draft for mobilization and sets the limits of punishment for this crime. In addition, the legislation provides for legal consequences for persons who violate this norm.
Criminal liability for evading mobilization is provided for in accordance with the law, in particular, Article 336 of the Criminal Code of Ukraine.It establishes that a person who avoids being called up for military service during mobilization, a special period, or military service called up from the reserve, may be deprived of liberty for a period of 3 to 5 years.
In what cases is such evasion punishable by imprisonment:
If a person is conscripted and falls under the regulations regarding military service during martial law.
If a person does not have legal grounds for postponement of conscription for military service during martial law.
If the person passed the military medical board and received a conclusion about his fitness or limited fitness for service.
If a person has already received a mobilization order with the requirement to appear at the military conscription point, but ignores it.
Therefore, if a person was informed properly and in accordance with the law about his obligation to appear for general mobilization at the conscription point, and he, not having legal grounds for doing so, avoids this conscription, such a person can become the object of a crime under the article 336 of the Criminal Code of Ukraine.
In such a situation, the head of the conscription point has the right to inform the police about the commission of a criminal offense in accordance with the specified article. The police starts a pre-trial investigation, announces a suspicion and submits a petition to the court for the application of a preventive measure for the period of the investigation. After the completion of the pre-trial investigation, the indictment is sent to the court for consideration of the case and sentencing.Relevance of Fines: The fine for evading military service in 2021 and 2022 is established in accordance with the law and takes into account inflationary processes and the economic situation in the country.
Administrative responsibility is possible in case of failure to fulfill the requirements of mobilization training and violation of the rules of military accounting during martial law. Such violations include failure to appear when summoned to military commissariats and medical commissions, evasion of military registration, as well as reduced attention to medical examination.
What specific articles provide for administrative liability in case of evasion of mobilization?
One of these articles is Article 210 of the Code of Ukraine on Administrative Offenses. According to it, a fine in the amount of 200 to 300 non-taxable minimum incomes of citizens (3400-5100 hryvnias) can be imposed for violating the rules of military accounting during the mobilization period.
Another article that concerns administrative liability in case of evasion of military service during martial law is Article 211 of the Code. It provides for a fine of 50 to 100 tax-free minimum incomes of citizens for carelessly destroying or losing military registration documents.
Final Conclusions: Evasion of the draft for mobilization is a serious violation of the law, which is subject to criminal liability for evasion of military service. This is an important aspect in ensuring state security and protecting the interests of citizens. Understanding Article 336 of the Criminal Code and its application is an important task for law enforcement agencies and all subjects.
