Criminal proceedings for evasion of mobilization – Article 335/336 of the Criminal Code of Ukraine

The war in Ukraine has been going on for more than a year, and that is why more and more of our compatriots of draft age are receiving summonses that oblige men to contact the nearest territorial recruitment and social support center within a specified period. Exceptions are not persons who are recognized as unfit for service due to their health condition or are entitled to installments.

Importantly:

Criminal proceedings for evasion of mobilization take place in accordance with the Laws of Ukraine "On Military Duty and Military Service" and "On Mobilization Training and Mobilization".

In recent months, the state has significantly increased responsibility for evasion of mobilization. We suggest considering situations in which a person may be held criminally liable.

Types of subpoenas in Ukraine

Summons of the following types are distinguished:

• Summons to the medical commission

Provided by the military commissar. The conscript must undergo a medical examination, based on the results of which a conclusion on fitness/unfitness for military service is issued.

• Summons for clarification of data

The following information can be specified: health status of conscripts, family composition, place of work, etc.

• Summons for conscription to the Armed Forces

A conscript must report to the military commissariat. Failure to appear under this type of subpoena entails liability for evasion of mandatory service.

• Summons on arrival at the conscription station

Most often, it is awarded after military servicemen pass a medical examination.

Criminal liability for evading mobilization

In addition to administrative, criminal liability also threatens for evasion of mobilization by conscripts. This is stated in Articles 335/336 of the Criminal Code of Ukraine.

Let's analyze article 335 of the Criminal Code of Ukraine in more detail. Evasion from military service or conscription for military service is punishable by imprisonment for a term of up to 3 years. However, the punishment for the specified criminal violation comes for special subjects - officers.

In accordance with Article 336 of the Criminal Code of Ukraine, evading mobilization is punishable by imprisonment for a term of 2 to 5 years. The category of criminal acts also includes the evasion of men of draft age from military registration after the representatives of the military commissariat issued an appropriate warning. Punishment - arrest for up to 6 months, correctional work.

In order to qualify the actions of a person under Article 336 of the Criminal Code of Ukraine, it is necessary to establish:

• Purpose and intent in evading the draft during mobilization.
• Illegality of refusing to pass a military medical commission to conscripts.

As for judicial practice in this area, it was formed quickly enough. Most of the cases ended without an acquittal. That is why, if you or your loved ones are being prosecuted for evading mobilization, we recommend contacting the lawyers of "PRIKHODKO & PARTNERS". We have practical experience and a detailed action algorithm that will protect your interests. We are waiting for consultations!