REFUSAL TO MOBILIZE DURING WARTIME

It is probably clear to the majority of Ukrainian citizens that mobilization is indispensable during wartime. But there are also those who, for certain reasons and personal beliefs, do not want to be mobilized. The reasons and circumstances for refusing mobilization may be different, but everyone has a common question about the consequences and responsibility for refusing mobilization in wartime.

During the period of martial law, refusal to mobilize is regarded as evasion of the call for mobilization, for which criminal liability arises.

Is it possible to voluntarily refuse conscription for military service upon mobilization?

It should be noted that the legislation does not provide for voluntary refusal of mobilization. Art. 23 of the Law of Ukraine "On Mobilization Training and Mobilization" provides grounds for which a person cannot be mobilized. That is, the legislation provides an exhaustive list of reasons for which a citizen can receive a deferment from mobilization and not be mobilized. If you analyze the above provisions, you can understand that the law does not provide for the refusal of mobilization.

But if you analyze the EDR of court decisions, you can find interesting decisions about the fact that some citizens still write refusals from mobilization to the TCC and SP, indicating the circumstances in connection with which they refuse to do military service. Such a refusal is grounds for bringing such a person to justice.

Responsibility for refusal of mobilization

There are two types of liability for refusal of mobilization:

• Administrative responsibility.

This type of liability arises for Violations by conscripts, conscripts, and reservists of the rules of military accounting under Art. 210 of the Labor Code of Ukraine. This includes non-notification of shopping centers and joint ventures about changes in personal data, address, marital status, etc. A fine may be imposed for such an offense.

• Criminal liability.

Article 336 of the Criminal Code of Ukraine (the most common) – evasion of conscription for military service during mobilization, for a special period, for military service upon conscription of reservists during a special period. That is, if a person is subject to mobilization, but refuses mobilization for certain reasons, then he may be held criminally liable.

The sanction of this article provides imprisonment for a term of up to 5 years. But again, if we analyze the court decisions of the last year, then in the majority of such cases, persons were released from responsibility with the granting of a probationary period.

So, summing up the above, it is worth noting that the protection of the country is a constitutional duty of every citizen. But everyone chooses his own path. But if necessary, you can always use the legal assistance of specialists and get qualified explanations on issues related to military service.