Avoidance of mobilization: judicial practice

Not every citizen can be a soldier and serve in the army. Everyone has their own reasons and circumstances that prevent them from doing military service. Others, on the contrary, consciously do not want to be mobilized. And each of them has their own opinion and rights guaranteed by the Constitution.

But military duty is also enshrined in the Basic Law of Ukraine and other legal acts. And responsibility arises for evading its implementation.

Types of responsibility:

• Administrative - occurs if the person received a summons, but did not arrive for it at the Territorial center of procurement and social support.
• Criminal - occurs only in the event that a person has passed the Military Medical Commission, was recognized as fit for military service due to his health, received a mobilization order, and then refused to complete military service or did not come to the assembly point.

In particular, the evasion of mobilization during the war period entails criminal liability. Analyzing court practice as of July 2023, one can find many sentences for evasion of mobilization.

The sanction of Art. 336 of the Criminal Code provides for liability in the form of imprisonment for a term of 3 to 5 years. But looking at the EDR of court decisions, you can see that in most cases this criminal offense is not serious, and in the presence of mitigating circumstances, the courts grant probation, that is, conditional punishment.

Also, it is worth noting that according to the Verdict of the Okhtyr City and District Court of the Sumy Region dated January 16, 2023, in case № 583/1225/22 regarding evasion of mobilization, the Court sentenced the man to 3 years of imprisonment for evasion of mobilization. That is, real terms of deprivation of liberty are also assigned by the courts.

In this case, everything depends on the reasons for evading mobilization, the person's admission of guilt, the evidence contained in the case, and most importantly, the correctly chosen line of defense.

After all, it is clear that during criminal proceedings for evasion of mobilization, one cannot cope without the help of a lawyer.

In general, the sentences are quite uniform. There is no single approach and legal positions of the Armed Forces of Ukraine that must be taken into account when evading mobilization. In fact, courts at their own discretion make this or that decision based on the evidence in the case.

Recommendations

If a criminal or administrative case is initiated, immediately contact military law lawyers. You should not wait for a trial, because at the pre-trial stage, the help of a lawyer will not be superfluous.

Carefully read what you sign, because signing anywhere can lead to negative consequences. Remember that there is a way out of every situation. And every person has a choice, including the refusal of forced mobilization.