There is a full-scale war and mobilization in Ukraine. But not all men are eager to defend the country from Russian aggression. Is it possible to refuse mobilization and what consequences will this have? - said the head of the Law Association Kravets and Partners, lawyer Rostislav Kravets.
Is it possible to refuse mobilization?
If a person does not have a deferment from mobilization or exemption from military service, then according to the law of Ukraine On Military Duty and Military Service, he does not have the right to refuse military service and mobilization, says Kravets.
“Of course, we are not a slave country, a person can refuse (from mobilization - Ed.), but he will be held responsible for this as for evading mobilization,” says the lawyer.
What are the consequences of refusing to mobilize?
If, after being served with a summons, without a good reason, which could include, for example, illness, a person does not appear at the territorial recruitment and social support center (TCC and SP), then a fine will be imposed on him as part of administrative liability.
For those who systematically evade mobilization, criminal liability is provided for a period of 3 to 5 years.
“But in order to bring a person to justice, law enforcement officers need to prove the fact of evasion. There must be evidence that the person received the summons. As a rule, people in court confirm the fact that they do not want to fight and refuse military service, as evidenced by the corresponding sentences. Evasion must be clearly proven. This is not the case when a person was given a summons at an address where he has not lived for 20 years, and they consider this to be evasion. No, evasion will only be the fact that the person was personally served with this subpoena,” explains Kravets.
In his opinion, in order for law enforcement officers to have sufficient grounds to initiate a criminal case, they need at least three recorded facts of evasion from mobilization.
— If the failure to appear at the TCC and SP is repeated several times, when they did not just throw out a summons and the person did not appear, but they handed him a summons under his personal signature, then, of course, in this case there may be criminal liability. In general, it must be proven three times that the person actually received the summons and really did not appear, adds Kravets.
