Constitutional Court to review the legality of alternative service norm

Constitutional Court. Photo by IRS

On September 24, 2024, judges of the Second Senate of the Constitutional Court of Ukraine reviewed several complaints regarding the constitutionality of laws. One of the cases was a complaint from Ukrainian citizen Dmytro Zelinsky, who requested the court to determine whether Part 1 of Article 1 of the Law of Ukraine "On Alternative (Non-Military) Service" complies with Article 35, Paragraph 4 of the Ukrainian Constitution, according to the Institute for Religious Freedom.

Zelinsky argues that the law on alternative service only provides for a substitution of compulsory military service, which is currently not applicable in Ukraine. In his opinion, this violates his constitutional right to alternative service, as his religious beliefs do not allow him to serve in the military with weapons. According to the Constitution, in such cases, a citizen has the right to non-military service.

Earlier, the Ternopil Court of Appeal found Zelinsky guilty under Article 336 of the Criminal Code of Ukraine for evading service and sentenced him to three years in prison. Zelinsky sought to exercise his right to alternative service, citing his religious beliefs.

As previously reported, the Tysmenytsia District Court in the Ivano-Frankivsk region found a man guilty of evading military service during mobilization due to his refusal to serve with weapons. The defendant was sentenced to one year in prison.

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