How can one legally refuse to be mobilized?

In the context of a full-scale war, mobilization is a tool for protecting the national security and territorial integrity of our country. Thousands of Ukrainians have stood up to defend their homeland, demonstrating incredible courage and loyalty. Ukrainian legislation provides for a number of grounds for exemption or postponement from military service.

However, the realities of war are complex and ambiguous, and not every citizen is ready or able to take up arms. Despite the variety of motivations, all those considering refusing mobilization are united by a common question: is it possible and how exactly can one legally refuse mobilization?

It is important to remember! During martial law, every attempt to avoid mobilization is considered by law as evasion of military duty. This is a serious offense that entails liability.

Legal aspects and consequences

In Ukraine, men between the ages of 18 and 60 are subject to mobilization. According to the law, if a person does not have an official deferment or exemption from military service, he or she is obliged to comply with the requirement to mobilize and perform military service. The Law of Ukraine on mobilization and mobilization training clearly defines the full list of grounds on which a citizen may be granted a deferral or exemption from conscription.

However, the analysis of court practice shows an interesting trend: some citizens still submit written refusals to be mobilized to the TCC and JV.

Important! Such actions have no legal force for exemption from mobilization. On the contrary, submission of such an application may be grounds for bringing a person to justice.

Sometimes citizens try to “refuse” mobilization in this way, which is not a legal way to avoid conscription and can lead to serious legal consequences.

Legal consequences of refusal

Ukrainian legislation provides for two types of liability for evading mobilization:

Administrative liability

Provided for violation of the rules of military registration (Article 210 of the Code of Administrative Offenses):

• Refusal to receive a summons
• Failure to timely notify the TCC and JV of changes in personal data
• Ignoring the requirements to update information on place of residence or marital status

Penalty: a fine, the amount of which varies depending on the nature of the violation.

Criminal liability

Applies in more serious cases (Article 336 of the Criminal Code of Ukraine):

• Evading conscription during mobilization
• Refusal to be drafted during a special period
• Reservists evading conscription during a special period

Sanction: imprisonment for up to 5 years.

Military duty and legal aid

Defending the homeland is a constitutional duty of every Ukrainian citizen. However, each person has his or her own individual approach to fulfilling this duty.

If you have any questions or doubts about military service and mobilization, please seek qualified legal assistance. Professional lawyers can provide comprehensive explanations and offer legal solutions to your situation.

Prikhodko & Partners Law Firm specializes in providing legal assistance in matters related to military service and mobilization. Experienced specialists are ready to provide you with personalized advice and develop an individual strategy of action in accordance with your specific situation.