During martial law, it is legally impossible to refuse military service on religious grounds – human rights advocate

Refusing to serve in the army due to religious beliefs during wartime is impossible.

This was stated by Oleksandr Pavlichenko, Director of the Ukrainian Helsinki Human Rights Union.

“This option exists only in peacetime. During wartime, alternative service is not available. For example, Jehovah’s Witnesses cannot take up arms due to their beliefs, but the legislation does not provide for alternative service,” the expert said.

He added that during martial law, even appealing to the court will not help the conscript. Permission for alternative service will not be granted.

“There is nothing that can be done. In the absence of a surplus mobilization reserve, I think this situation will continue for quite a long time. Maybe in 5–10 years, some decision will be made, but it will not significantly affect the current situation,” Pavlichenko noted.

In early May, the Supreme Court of Ukraine established criteria when evasion of mobilization for religious reasons is not punishable by law.

“The panel of judges, when considering the case, concluded that freedom of religion has both external and internal aspects. Therefore, when refusing service on grounds of conscience, a person must not only confirm their affiliation with a religious organization but also demonstrate that it holds religious beliefs,” the statement reads.

It is noted that a person is not liable for evasion of conscription if they can confirm:

• Affiliation with religious organizations operating in accordance with the law, whose doctrine prohibits the use of weapons;
• The sincerity of their beliefs not only through words but also through consistent actions.

Meanwhile, in January, a court acquitted a member of the Jehovah’s Witnesses community who refused to serve in the Armed Forces of Ukraine. A resident of Boryspil district, after passing a medical commission, refused to take a mobilization summons from military commissars and did not report to the training center at the appointed time.

In court, he presented a certificate proving his membership in the Jehovah’s Witnesses community, whose followers are prohibited from taking up arms. He had submitted an application for alternative service after the medical commission found him fit. However, the Territorial Recruitment Center did not heed these requests.

The court ultimately acquitted the believer, recognizing that he did not intend to evade mobilization since he had offered to perform alternative service.