Supreme Court of Ukraine: Religious beliefs are not grounds for refusing mobilization

The Supreme Court of Ukraine has officially confirmed that current legislation does not provide for the possibility of replacing military service under mobilization with alternative (non-military) service for citizens whose religious beliefs prohibit the use of weapons. According to the “Judicial and Legal Gazette,” this decision was made during the review of a complaint filed by a believer from Vinnytsia.

As part of the legal proceedings, the Administrative Court of Cassation, a division of the Supreme Court, reviewed the appeal filed by a member of the Evangelical Christian Baptist religious community. The petitioner sought to challenge the decisions of lower courts, which had previously denied him the right to perform alternative service while martial law was in effect.

The panel of judges upheld the legality of the previous court rulings. The court’s reasoning is that, despite the guarantees of Article 35 of the Constitution of Ukraine, the legislative framework governing alternative service clearly distinguishes between conscription for active duty and mobilization. At present, the law does not contain provisions regarding alternative service for citizens subject to mobilization.

The final ruling emphasizes that, in the context of full-scale armed aggression, the protection of sovereignty and the lives of citizens is a priority and a legitimate goal. In the court’s view, this objective justifies the established restrictions on conscientious objection to military service on religious grounds. Previously, human rights organizations had repeatedly raised the issue of the need for clarification from the authorities regarding this constitutional right; however, according to sources, these calls went unanswered.

As a reminder, it was previously reported that the Stryi City and District Court in Lviv Oblast handed down a guilty verdict to a man who deserted after being mobilized, citing his religious beliefs.