In Ukraine, the Poltava Court acquitted a man for refusing conscription, deeming the presidential decree unlawful

A highly unusual verdict was issued by the Zinkivsky District Court of Poltava Oblast in Ukraine on August 23rd.

From the case narrative, it is known that an unemployed conscript from the town of Kirov in Donetsk Oblast was accused under Article 336 of the Criminal Code (evasion of conscription).

After considering the case, the judge declared the man innocent.

The judge ruled that the presidential decrees on conscription were not formulated in accordance with the legislation. And the Military Medical Commission Centers (MMCC) have no authority to compel individuals to fulfill military duty. The entire court decision spanned 35 pages.

Excerpts from the decision include:

“Human rights establish and specify the ability to act within the limits set by their legal status. For instance, people are born free, and no one has the right to violate their natural rights.”

“…workers and officials of MMCC and Public Service Centers do not have the authority to staff the Armed Forces of Ukraine (AFU), only in accordance with labor legislation, through an employment contract that must be the voluntary decision of such an employed worker. Forcing a labor contract is a form of slavery.”

“The demand to transfer property rights to personal data… is illegal and represents compulsion to obligations, extortion, fraudulent actions aimed at seizing another’s property.”

“So-called ‘Laws’ and ‘Presidential Decrees,’ including those about mobilization, the introduction of the AFU, and the use of the AFU, which are legitimized under the guise of Laws, are authorial works, lack constitutional basis, are not substantive laws, are not binding on the people, and are offers from a subject providing governance services. These ‘normative acts’ have the status of applied actions and do not constitute legal and effective legislation.”