Supreme Court of Ukraine: Religious beliefs do not exempt from mobilization and criminal liability

The Supreme Court of Ukraine has adopted a key legal ruling according to which religious beliefs do not constitute grounds for exemption from military service on mobilization and do not abolish criminal liability for evasion. This position was expressed by the Joint Chamber of the Cassation Criminal Court, emphasizing that the legislation does not provide for exemptions from military mobilization duty on the basis of religion.

The decision was made within the framework of the consideration of the case, where the accused, recognized fit for service, did not appear in the territorial center of acquisition and social support. According to sud.ua, the defense insisted that the refusal to serve was in good faith and was based on the sincere religious beliefs of the accused, who is a member of the Jehovah’s Witnesses organization, whose doctrine excludes any military service.

In assessing the arguments of the parties, the Supreme Court noted that the duty to mobilize may include the performance of non-combat tasks that do not require the carrying and use of weapons. Such tasks may include repairing equipment, evacuating the wounded or building fortifications. The Chamber recognized that the right to conscientious objection cannot be completely abrogated even in war and any restrictions must be applied in proportion to the objective pursued.

Thus, the Court concluded that conscription during mobilization does not automatically abrogate the right to conscientious objection to bearing or using arms, but it does not exempt a citizen from fulfilling military duty in general and from criminal liability under article 336 of the Criminal Code of Ukraine in case of evasion. The full text of the ruling in case No. 573/838/24 will be made public after its publication in the Unified state register of court decisions.

We shall remind you that on October 25, 2025 in Chernivtsi employees of the Territorial Center of Completion (TCC) detained Protodeacon Valentyn Makovsky, cleric of the Vvedensky Monastery of the Ukrainian Orthodox Church. The clergyman was taken to the local TCC, which caused concern among believers.