Responsibility for evading mobilization

In connection with the full-scale invasion of the Russian Federation on the territory of Ukraine, martial law and general mobilization were introduced in the country.

Thus, general mobilization is a process where the government or authorities of a country appeal to its citizens for the immediate mobilization and enlistment of military forces and/or resources to perform specific tasks. During a general mobilization, the government can issue special orders or laws that give it the power to draft citizens, allocate resources, limit rights and freedoms in favor of national defense or security needs.

The Constitution of Ukraine gives the state the right to introduce mobilization in the event of a threat to national security or a threat to state sovereignty. The Law on the Defense of Ukraine defines the legal aspects of mobilization and establishes responsibility for evading it. With this in mind, Ukraine has established laws and regulations that regulate mobilization and liability for evasion. According to the legislation of Ukraine, evasion of mobilization may have legal consequences.

During the martial law in Ukraine, the responsibility for evading mobilization is even more serious. Martial law is a special regime that is introduced in the country in the event of a threat to national security or state sovereignty, and involves increased control and responsibilities for citizens.

In the event of martial law, relevant law enforcement agencies and competent military structures have the authority to carry out inspections and make decisions on prosecution for evasion of mobilization.

So, after the issuance of the summons, the person who received it must appear before the TCC and SP within the specified period. In the case of non-appearance, liability arises in accordance with the legislation of Ukraine. In general, liability can be both administrative and criminal.

For example, we can cite a situation when a person evades receiving a summons for checking military records or for passing a military medical commission. In this case, administrative responsibility may be applied.

Administrative responsibility is regulated by the Code of Ukraine on Administrative Offenses and the relevant articles:

• Article 210. Violations of military accounting rules by conscripts, conscripts, and reservists
• Article 210-1. Violation of legislation on defense, mobilization training and mobilization
• Article 211. Damage to military accounting documents or their loss due to carelessness

In turn, citizens who evade their obligations regarding mobilization during martial law are subject to criminal liability. Specific sanctions and liability are established by the Criminal Code of Ukraine. Evading mobilization during martial law can be qualified as a crime against state security.

The main articles are:

• Article 336. Evasion from conscription for military service during mobilization, for a special period, for military service upon conscription of reservists during a special period
• Article 336-1. Avoidance of civil defense service during a special period or in case of targeted mobilization
• Article 337. Evasion of military registration or educational (special) fees

Lawyers of the military law department provide consultations on a wide variety of issues and directions every day: from mobilization and subpoenas to dismissal from military service. Having the necessary experience and knowledge, our lawyers are ready to provide you with comprehensive advice on your issue.