“The Supreme Court announced that during the martial law, the religion did not release citizens from military service. This also applies to Jehovah’s Witnesses, whose doctrine prohibits any military service. This was reported by the press service of the Supreme Court of Ukraine. The court was told about criminal proceedings in which the courts of previous instance were found guilty of the conscript that he was not receiving a summons without receiving the summons without receiving the summons”, – WRITE ON: ua.news
The Supreme Court announced that during the martial law, the religion did not release citizens from military service. This also applies to Jehovah’s Witnesses, whose doctrine prohibits any military service.
This was reported by the press service of the Supreme Court of Ukraine.
In court, they told about criminal proceedings in which the courts of previous instance were found guilty that he did not arrive in the CCC and JV for military service after receiving the summons without valid reasons. The accused was sentenced to Art. 336 of the Criminal Code of Ukraine – he was appointed three years behind bars.
The defender points out that the non-arrival of his client to the military enlistment office was connected with his belonging to the religious association of Jehovah’s Witnesses, whose doctrine does not allow any military service to be performed, and therefore, because of his deep religious beliefs, criminal liability is excluded.
The Supreme Court stated that Ukraine had introduced alternatives to military service in peacetime and Ukrainians could use them freely. However, in wartime, during mobilization, “the duty of protection of Ukraine rests on all citizens of Ukraine, regardless of their religion.”
The Court also points to the previous decisions of the European Court of Human Rights, which recognized the need to take into account the “special public need” in cases related to the need to fulfill a certain duty and freedom of religion.
At the same time, the Court stressed that it did not analyze the ECtHR decision on the abandonment of military service because of religious beliefs, “since none of the ECtHR’s decisions concerned the assessment of the actions of the state and the citizen in the context of such a large -scale war against Ukraine.” The court’s press service added that in Ukraine, the general mobilization of all servicemen was announced, that is, it is not about military service for conscription, which is happening in peacetime (as in the ECtHR), but about military service on mobilization.
According to the court, the stay of the state in the legal regime of martial law “is a good reason to speak about the need to perform military duty by all citizens of Ukraine, including Jehovah’s Witnesses.”
In 2024, the Supreme Court suggested that religious beliefs could be a basis for evading mobilization. But for this purpose the person had to prove that he actually belongs to such a religious community and has “sincere beliefs”.
In the Poltava region, a man who called Jehovah’s witness was sentenced to 3 years in prison for evasion of mobilization during martial law.
