Ukrainian legislation does not provide an exemption from compulsory military service during mobilization based on religious or other beliefs

Ukrainian legislation does not provide an exemption from compulsory military service during mobilization based on religious or other beliefs. Such beliefs cannot constitute a basis for releasing a person from criminal liability for evading mobilization within the meaning of Article 336 of the Criminal Code of Ukraine.

This conclusion was reached by the Joint Chamber of the Criminal Cassation Court of the Supreme Court following its review of case No. 573/838/24.

According to the circumstances of the criminal proceedings, the lower courts found the accused guilty and convicted him under Article 336 of the Criminal Code of Ukraine for failing, without valid reasons and while being fit for military service, to report to the territorial recruitment and social support center for deployment to a military unit for service. In the cassation appeal, the defence argued that the accused had grounds for a conscientious refusal to perform military service, as such refusal was based on his sincere religious beliefs incompatible with any type of military service, including non-combat service, and on his affiliation with the Jehovah’s Witnesses, whose doctrine categorically prohibits such service.

In assessing these cassation arguments, the Joint Chamber noted that conscription during mobilization may entail the fulfillment of non-combat military duties that do not require carrying or using weapons (such as equipment repair, evacuation of the wounded, construction of fortifications, and similar tasks).

The Joint Chamber acknowledged that the statutory impossibility of refusing military service on the basis of belief means that such a restriction must be applied proportionately to the aim pursued, even when defending the homeland against aggression. Considerations related to personal beliefs cannot be entirely excluded during wartime; therefore, conscription during mobilization does not automatically eliminate the right to a conscientious refusal to carry or use weapons.

Resolution of the Criminal Cassation Court of the Supreme Court of 27 October 2025 in case No. 573/838/24 (proceeding No. 51-603кмо25) – https://reyestr.court.gov.ua/Review/131495382. 

This and other legal positions of the Supreme Court can be found in the Database of Legal Positions of the Supreme Court - https://lpd.court.gov.ua.