Judicial practice under Art. 336 of the Criminal Code of Ukraine – Evasion of conscription for military service during mobilization

In the conditions of a full-scale war unleashed by the Russian Federation against our state, general mobilization continues in Ukraine. However, there are cases when conscripts evade mobilization in various ways. In most cases, we are talking about ignoring subpoenas from representatives of military commissions. In this article, we will talk about the composition of the crime and punishment under Article 336 of the Criminal Code of Ukraine - evasion of conscription for military service during mobilization, as well as consider some examples of judicial practice under Article 336 of the Criminal Code of Ukraine. We remind you that if you are charged under this article, you can use the help of professional lawyers of our law firm Prykhodko and Partners.

Liability under Article 336 of the Criminal Code of Ukraine

According to Article 336 of the Criminal Code of Ukraine, evasion of conscription for military service during mobilization involves deprivation of liberty for a period of 3 to 5 years.

Important: if a person does not appear at the TCC (territorial recruitment center) and the SP (social support) during wartime according to a summons, this threatens with fines (today - up to 3400 hryvnias). The resolution of the representatives of these bodies can be annulled only in court, namely by filing a lawsuit against the territorial picking center.

At the same time, it is worth noting that failure to appear at the military commissariat without valid reasons is interpreted as a criminal offense. Consideration of such a case is possible only in court.

Are there valid reasons for not appearing at the military commissariat?

Among the reasons that are considered valid for not appearing at the TCC and SP during mobilization:

• Death of a native person.
• Disease.
• Disaster.
• Other important circumstances.

The main condition for recognizing the reasons as valid is the presence of relevant supporting documents.

Thus, in any case, the non-appearance of a conscript at the military commissariat without a valid reason will result in punishment.

Judicial practice under Article 336 of the Criminal Code of Ukraine

In judicial practice, various cases occur. For example, administrative responsibility is provided for one failure to appear at the TCC. If a conscript ran away on the way to a military unit or did not arrive at the assembly point, such actions already fall under the category of criminal.

The final verdict depends on a variety of factors. For example, the court can take into account both mitigating and aggravating circumstances.

Situations are not unique when men who are trying to serve a summons use physical force against representatives of the Military Commissariat. These are aggravating circumstances. This category can also include: repeat offense under Article 336 of the Criminal Code of Ukraine, alcoholism, being registered in drug centers, etc.

Thus, after analyzing the majority of court verdicts under Article 336 of the Criminal Code of Ukraine, it is worth noting that most often the courts impose a "standard" punishment, which includes imprisonment for a term of up to 3 years. In addition, the so-called "examination period" can be appointed for a period of one year. In exceptional cases, a more serious punishment may be imposed - 5 years of imprisonment + 3 years of probation.

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