Responsibility for evading mobilization in wartime

Evasion from mobilization is the improper performance of duties provided for by the Law of Ukraine “On mobilization preparation and mobilization.” But in order to understand whether responsibility occurs in a particular case, you need to understand exactly how evasion occurs.

Evasion methods

• Refusal of conscription for mobilization service;
• Failure to appear when called to the Territorial center of procurement and social support to undergo a medical examination;
• Escape from a military unit or place of conscription;
• Avoiding participation in a study meeting.

Who does not apply to?

It should be noted that responsibility for evading mobilization does not apply to persons who are not subject to conscription for military service upon mobilization.
For example, a citizen aged 18 who has not served in military service and does not have a military department cannot be held responsible for evading mobilization, since he is not subject to mobilization by force of law.

Responsibility is divided into two types:

• Criminal liability

The first part of Article 336 of the Criminal Code provides for responsibility for evasion of the draft for mobilization. It is worth noting that such responsibility arises after passing the MMC, recognizing the conscript as fit for service and evading service after receiving a mobilization order or "combat summons".

• Administrative responsibility

According to Article 211-1 of the Code of Ukraine on Administrative Offenses, there is liability for failure to appear at the Territorial center of procurement and social support when called.

It is important to note that liability for evading mobilization may be more severe if it is committed repeatedly or by prior conspiracy by a group of persons. In such cases, liability may be provided for in part two of Article 336 of the Criminal Code of Ukraine, which provides for punishment in the form of imprisonment for a period of two to five years.

Do I need to seek legal help?

The assistance of a lawyer can be especially important in the case of criminal prosecution, since the future fate of a person may depend on the correct legal assessment of the situation.
The specific actions of the lawyer will depend on the circumstances of the case.

For example, if a person is brought to administrative responsibility for evading mobilization, a lawyer can help him defend his innocence, for example, on the basis that he is not subject to conscription for mobilization.

If a person is brought to criminal liability for evading mobilization, a lawyer can help him achieve:

• Closing criminal proceedings due to the lack of corpus delicti in a person’s actions.
• Reducing the scope of the charge.
• Reducing the type and amount of punishment.

Thus, the assistance of a lawyer can be very useful in the event of prosecution for evading mobilization.