OBSERVARE
Universidade Autónoma de Lisboa
e-ISSN: 1647-7251
VOL. 16, Nº. 1
May-October 2025
177
ANALYSIS OF NEW APPROACHES TO CRIMINAL LIABILITY FOR EVADING
MILITARY CONSCRIPTION IN UKRAINE IN THE CONTEXT OF GLOBAL
SECURITY CHALLENGES
RUSLAN S. ORLOVSKYI
ruslan.orlovskyi@edu.cn.ua
Professor at the Department of Criminal Law at Yaroslav Mudryi National Law University, Kharkiv
(Ukraine). His academic interests lie primarily in criminal law, criminology, and the digital
transformation of justice systems. http://orcid.org/0000-0002-3283-3643
VASYL M. KOZAK
kozakvasy193@ukr.net
He is affiliated with the Central Office of the Security Service of Ukraine, Kyiv (Ukraine).
His research focuses on national security law, the legal framework of intelligence services, and
cyber-related threats in the legal domain. http://orcid.org/0009-0009-3858-5319
Abstract
Since the start of the full-scale invasion, Ukraine has been actively transforming its social
system, renewing its political leadership in various areas, and improving its legislation to
reflect the current situation. However, due to active mobilisation processes carried out by the
authorities and the internal convictions of many persons liable for military service, the problem
of avoiding military service arises. This includes crossing the state border both legally and
illegally. Additionally, it is important to analyse how these changes are reflected in the
international arena, including the migration of conscripts and their attempts to evade service
abroad, as well as the reaction of EU countries. Given these aspects, it is crucial to assess
how changes in Ukrainian legislation and mobilisation practices affect global security
challenges, including the allocation of military resources, defence strategies, and international
defence cooperation. The study employs systematic analysis and synthesis, formal legal and
dialectical methods, and legal document analysis as scientific knowledge tools. Furthermore,
this research explores Ukraine's approach to mobilization within the framework of
international human rights standards, particularly the European Convention on Human Rights
(ECHR), international extradition treaties, and relevant case law from the European Court of
Human Rights (ECtHR).
Keywords
Military conscription; mobilization; criminal liability; electronic summonses; evasion of
military conscription.
Resumo
Desde o início da invasão em grande escala, a Ucrânia tem vindo a transformar ativamente o
seu sistema social, a renovar a sua liderança política em várias áreas e a melhorar a sua
legislação de modo a refletir a situação atual. No entanto, devido aos processos de mobilização
ativa levados a cabo pelas autoridades e às convicções internas de muitas pessoas sujeitas
ao serviço militar surge o desafio de o evitar. Isto inclui a travessia da fronteira do Estado,
tanto legal como ilegalmente. Além disso, é importante analisar a forma como estas mudanças
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e-ISSN: 1647-7251
VOL. 16, Nº. 1
May-October 2025, pp. 177-196
Analysis of New Approaches to Criminal Liability for Evading Military Conscription in Ukraine
in the Context of Global Security Challenges
Ruslan S. Orlovskyi, Vasyl M. Kozak
178
se refletem na cena internacional, incluindo a migração de recrutas e as suas tentativas de
evasão do serviço militar no estrangeiro, bem como a reação dos países da UE. Tendo em
conta estes aspetos, é crucial avaliar a forma como as mudanças na legislação ucraniana e as
práticas de mobilização afetam os desafios da segurança global, incluindo a atribuição de
recursos militares, as estratégias de defesa e a cooperação internacional neste domínio. O
estudo utiliza a análise e a síntese sistemáticas, os métodos jurídicos formais e dialéticos e a
análise de documentos jurídicos como ferramentas de conhecimento científico. Além disso,
esta investigação explora a abordagem da Ucrânia à mobilização no âmbito das normas
internacionais de direitos humanos, em particular a Convenção Europeia dos Direitos do
Homem (CEDH), os tratados internacionais de extradição e a jurisprudência relevante do
Tribunal Europeu dos Direitos do Homem (TEDH).
Palavras-chave
Alistamento militar; mobilização; responsabilidade penal; citações electrónicas; evasão ao
alistamento militar.
How to cite this article
Orlovskyi, Ruslan S. & Kozak, Vasyl M. (2025). Analysis of New Approaches to Criminal Liability for
Evading Military Conscription in Ukraine in the Context of Global Security Challenges. Janus.net,
e-journal of international relations. VOL. 16, Nº. 1. May-October 2025, pp. 177-196. DOI
https://doi.org/10.26619/1647-7251.16.1.9.
Article submitted on 11st April 2024 and accepted for publication on 5th March 2025.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 1
May-October 2025, pp. 177-196
Analysis of New Approaches to Criminal Liability for Evading Military Conscription in Ukraine
in the Context of Global Security Challenges
Ruslan S. Orlovskyi, Vasyl M. Kozak
179
ANALYSIS OF NEW APPROACHES TO CRIMINAL LIABILITY FOR
EVADING MILITARY CONSCRIPTION IN UKRAINE IN THE
CONTEXT OF GLOBAL SECURITY CHALLENGES
RUSLAN S. ORLOVSKYI
VASYL M. KOZAK
1. Introduction
The full-scale invasion brought a number of changes to Ukraine's rule-making, ranging
from the introduction of martial law to changes in mobilisation processes. The more these
mobilisation processes expanded and multiplied, and the more stringent the
requirements became for all those subject to mobilisation, the more frequent were cases
of evasion of mobilisation by various means. Accordingly, criminal liability for evading
mobilisation was strengthened, and a huge number of amendments relating directly to
mobilisation processes are still under consideration, with a particular focus on
punishment for evading mobilisation.
Undoubtedly, the analysis of new approaches to criminal liability for evading conscription
in Ukraine requires consideration of both the domestic legal framework and broader
global security challenges (Nedozhogina, 2019). Ukraine is facing unprecedented
external and internal security issues due to the circumstances on the battlefield. The
constant need to maintain a strong defence of the country and the fight against a
powerful state that has been accumulating resources, including human resources, for war
for years requires strong decisions and adaptation of legislation to the current reality.
Given the topic of the study, it is important to understand the current legal framework
that is designed to regulate military conscription in Ukraine. It’s about the Laws "On
Mobilisation Preparation and Mobilisation", "On Military Duty and Military Service", etc.,
as well as about the legal acts directly regulating the issue of liability for evasion of
mobilisation, in particular the Criminal Code of Ukraine. The recent legislative changes
that are directly aimed at combating mobilisation evasion also require significant
attention (Verkhovna Rada of Ukraine, 1993; Verkhovna Rada of Ukraine; 1992;
Verkhovna Rada of Ukraine, 2001).
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 1
May-October 2025, pp. 177-196
Analysis of New Approaches to Criminal Liability for Evading Military Conscription in Ukraine
in the Context of Global Security Challenges
Ruslan S. Orlovskyi, Vasyl M. Kozak
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It is also important to note that the challenges facing Ukraine in terms of the security of
its territorial integrity go far beyond its borders and are gaining momentum globally. The
situation on the frontline clearly demonstrates the ability to deter the aggressor, but this
requires weapons, equipment and human resources. In general, the war between two
countries that are initially on unequal terms leads to geopolitical tensions and creates
new threats to global security in general. Cyber warfare and terrorism are becoming more
widespread, manifesting themselves both globally and directly in Ukraine (Ilbiz &
Kaunert, 2021). Taken together, this has a direct bearing on conscription and compliance
with the relevant legislation.
Given the topic of the research, human rights are also an important aspect to be covered.
That is, the analysis of new approaches to criminal liability for evading military
conscription in Ukraine in the context of global security challenges is based on the
consideration of certain human rights implications. This includes issues related to refusal
and evasion of mobilisation, as well as the potential introduction of electronic
summonses, which create additional obligations and problematic aspects. The balance
between national security interests and individual rights and freedoms is a complex
aspect of policy-making in this area (Midhio et al., 2024).
Given the interconnected nature of security threats, international cooperation and
partnerships play a vital role. This is manifested not only in the provision of armed and
financial assistance, but also in advice on how to improve existing legislation. An
assessment of Ukraine's cooperation with other countries and international organisations
on issues related to mobilisation and security can shed light on broader trends and best
practices.
By considering these various factors, stakeholders can gain a comprehensive
understanding of the complexities involved in addressing conscription evasion in Ukraine
in the context of global security challenges. Such an understanding is necessary to
develop effective policies that balance national security imperatives with respect for
individual rights and international norms (Rakha Pratama, 2023).
With this in mind, the purpose of the study is to analyse and explore current approaches
to criminal liability for military conscription evasion in Ukraine in the context of global
security challenges. Particular emphasis should be placed on innovations such as
electronic draft notices and changes in age criteria, which are important in the context
of modern technologies and their impact on law. It is also important to analyse how these
changes are reflected in the international arena, including the migration of conscripts and
their attempts to evade service abroad, as well as the reaction of EU countries. A detailed
analysis of the ethical challenges and legal dilemmas faced by both individuals and the
state in the area of criminal liability for draft evasion in an armed conflict remains
appropriate. Certainly, taking into account these aspects, it is quite rational to provide
conclusions on how changes in Ukrainian legislation and mobilisation practices affect
global security challenges, including the allocation of military resources, defence
strategies and international defence cooperation.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 1
May-October 2025, pp. 177-196
Analysis of New Approaches to Criminal Liability for Evading Military Conscription in Ukraine
in the Context of Global Security Challenges
Ruslan S. Orlovskyi, Vasyl M. Kozak
181
2. Methodological Framework
Taking into account the purpose set, in order to achieve it, the following methods of
scientific knowledge were used: the method of systematic analysis and synthesis, formal
legal and dialectical methods, and the method of analysis of legal documents. The method
of systematic analysis was used to analyse and study modern approaches to criminal
liability for evading conscription for regular military service in Ukraine in the context of
global security challenges. The author also analysed in detail the innovations that are
being considered in detail by members of the Verkhovna Rada of Ukraine as a necessary
component for strengthening mobilisation. Particularly important are such innovations as
electronic summonses and changes in age criteria, which are quite relevant in the context
of modern technologies and their impact on law. A detailed analysis of the ethical
challenges and legal dilemmas faced by both individuals and the state in the area of
criminal liability for draft evasion in the context of armed conflict was required.
The synthesis method, together with the analysis method, was used to examine the data
on how such changes are reflected in the international arena, including the migration of
conscripts and their attempts to evade service abroad, as well as the reactions of EU
countries. The formal legal method was used to provide an explanation of the concept of
"conscription evasion" and its manifestations. The dialectical method was used to explain
how changes in Ukrainian legislation and mobilisation practices affect global security
challenges, including the allocation of military resources, defence strategies and
international defence cooperation. The method of legal document analysis was useful in
understanding the basis of criminal liability for evading military conscription. Taken
together, these methods actively contributed to the quality of the research.
3. Results and discussion
3.1 Military Conscription: Current Status and Evasion of Military
Conscription
Since 2014, when the annexation of the Autonomous Republic of Crimea took place,
Ukraine has been on the path of countering Russia's hybrid tactics, which, accordingly,
requires well-thought-out and coordinated actions, as well as a comprehensive approach
to improving the current legislation.
It should be noted that all the actions taken by the Ukrainian authorities in response to
Russia's armed aggression have a comprehensive impact on global security challenges.
After all, changes in legislation and approaches to military conscription during
mobilisation directly affect the allocation of military resources, which include both human
and material resources. This may include the mobilisation of reserves, redeployment of
military units and equipment to strengthen the country's defence capabilities. Moreover,
changes in legislation, which will be discussed in more detail below, can affect the overall
defence strategies and direct them towards a more adaptive and effective defence of the
country against threats from an external aggressor. This may include the development
of new strategies for combating armed conflict, increasing combat readiness and
responding to new security challenges. It is also important to note that updated
mobilisation practices also affect international cooperation in defence matters, first and
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e-ISSN: 1647-7251
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Analysis of New Approaches to Criminal Liability for Evading Military Conscription in Ukraine
in the Context of Global Security Challenges
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foremost. Practice shows that Ukraine actively cooperates with foreign partners to
improve defence strategies, which affects the increase of combat defence capability
(Veebel, 2020).
In turn, the current full mobilisation strategy contains several dimensions: first of all, the
military dimension, technological, economic and social dimensions. Taken together, this
serves as the basis for Ukraine to overcome the challenges that arise in the course of a
large-scale war with a very strong aggressor. The Full Mobilisation Strategy adopted by
Ukraine is a comprehensive approach that recognises the need to use all aspects of
national power to effectively counter Russian invasion and protect its sovereignty
(Sanders, 2023).
In general, the strategy of total mobilisation, by its very nature, is the use of a certain
kind of all available technological capabilities to ensure the preservation of the territorial
integrity of the state and its defence. Such technological capabilities include the
development and improvement of means and mechanisms for protecting against cyber
attacks, the development and improvement of various types of weapons, including
mastering the latest types of enemy destruction, as well as the use of modern
technologies to monitor and understand the directions of Russian activities (Sorongan,
2022). It is also important to note that the strategy of full mobilisation also implies strong
political and state leadership, significant diplomatic efforts in various directions, the
creation of international political alliances, advocacy for sanctions against Russia and
raising awareness of the war (Midhio et al., 2024). It is important to emphasise the fact
of war, not an operation, as the aggressor state's leadership has said. For general
understanding, the implemented full mobilisation strategy was a rapid response and
comprehensive approach to the Russian full-scale invasion. It was a basic necessity to
implement a multidimensional and coordinated response to the current realities.
It is no secret that Russia is waging an active hybrid war against Ukraine. This hybrid
warfare involves the use of various military and non-military means (Veebel, 2020). Most
of these means have never been used in combination in the world, making Russia's war
against Ukraine a completely new kind of war with much more harmful consequences.
However, on the other hand, the fact that the Ukrainian military is repelling dangerous
attacks with the help of its allies speaks volumes. Of course, the most important thing at
the moment is Ukraine's victory in the war with Russia, but this requires all sorts of
technological, technical, military and human resources. And let's not forget the economic
situation of the state against the backdrop of constant defence spending and maintaining
internal stability in society. Moreover, Ukraine has suffered significant economic losses
on various fronts, including the loss of industrial centres in the East and Crimea, direct
losses from the war, the cessation of trade in some areas, and punitive measures by
Russia, ranging from import bans to economic sanctions against individuals. All these
problems also led to the decline of the Ukrainian economy: GDP fell from $183 billion in
2013 to $91 billion in 2015 and to $153 billion in 2019. In the first year after the massive
invasion on 24 February 2022, the Ukrainian economy lost 30-35% of GDP (Midhio et al.,
2024).
That is why, given the difficult conditions in which Ukraine is currently living, the need
for active mobilisation orders is quite logical and appropriate. However, there are far
from being isolated cases, or even frequent cases, of mobilisation evasion. In general,
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e-ISSN: 1647-7251
VOL. 16, Nº. 1
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Analysis of New Approaches to Criminal Liability for Evading Military Conscription in Ukraine
in the Context of Global Security Challenges
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for the purposes of the study, it is important to note that evasion from military service is
considered to be the improper fulfilment of the obligations stipulated by the Law of
Ukraine "On Mobilisation Preparation and Mobilisation" (Verkhovna Rada of Ukraine,
1993). However, in order to fully understand whether liability arises in a particular case,
it is worth focusing on understanding the process of evasion as such.
The ways of evading military conscription are as follows:
- Refusal to be called up for military service in accordance with the mobilisation process;
- Failure to appear at the Territorial Centre for Recruitment and Social Support to undergo
a medical examination upon a call;
- Directly escaping from the place of conscription or military unit;
- Refusal to participate in training or evading it in any way (Evasion from mobilisation,
2024).
Article 18, paragraphs 1 and 2, of the International Covenant on Civil and Political Rights
guarantees everyone the right to freedom of thought, conscience and religion. No one
shall be subjected to any coercion which would impair his or her freedom to have or to
adopt a religion or belief of his or her choice. At the same time, Article 9 of the Convention
for the Protection of Human Rights and Fundamental Freedoms provides for the right of
everyone to freedom of thought, conscience and religion. The European Court of Human
Rights (ECtHR) has repeatedly emphasized that the state has the right to check whether
a man is fit for military service. However, Ukrainian courts profess the position that
exemption from military service on the basis of religious beliefs is not possible. For
example, on July 26, 2024, the Okhtyrka City District Court of Sumy Region issued a
verdict in case No. 583/3259/24. A member of the Religious Center of Jehovah's
Witnesses in Ukraine, who had undergone military training and received a military
specialty while studying at the university, refused to receive a military call-up. He
explained this by his religious beliefs. The court noted that no religious beliefs can be a
basis for evading mobilization of a citizen of Ukraine, recognized as fit for military service,
in order to fulfill his constitutional duty to protect the territorial integrity and sovereignty
of the state from military aggression by a foreign country. Given his religious beliefs and
constitutional duty to protect the Fatherland during his service, he could be involved in
repairing equipment, building fortifications, transporting the wounded, transporting cargo
and performing other functions not related to the use of weapons (Polishchuk, 2024;
Council of Europe, 2018).
It is important to note that persons who are not subject to conscription during
mobilisation are not liable for evasion from conscription. An example is a situation where
a citizen who is 20 years old and has not performed military service or studied at a
military department cannot be held liable for evading mobilisation, as he or she is not
subject to mobilisation by law. In general, in the context of the study, liability for evading
military conscription can be of two types: administrative and criminal. According to Article
211-1 of the Code of Ukraine on Administrative Offences, there is liability for failure to
report to the Territorial Centre for Recruitment and Social Support when called upon
(Verkhovna Rada of Ukraine, 1984).
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e-ISSN: 1647-7251
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May-October 2025, pp. 177-196
Analysis of New Approaches to Criminal Liability for Evading Military Conscription in Ukraine
in the Context of Global Security Challenges
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Speaking in more detail about criminal liability, it is important to point out the following
points. According to the special laws "On Mobilisation Training and Mobilisation" and "On
Military Duty and Military Service", persons who evade conscription for mobilisation, call-
up for regular military service, registration for military service or special (check-up)
training are criminally liable in accordance with the law (Criminal liability for evasion from
conscription…, 2024). Criminal liability is incurred in accordance with Articles 335, 336,
336-1, 337 of the Criminal Code of Ukraine, for more (Verkhovna Rada of Ukraine, 2001):
- evasion of conscription for regular military service or military service for officers is
punishable by restraint of liberty for up to three years;
- evasion of conscription for military service during mobilisation, for a special period, or
for military service by conscription of persons from among reservists during a special
period - is punishable by imprisonment for a term of three to five years;
- evasion from performing civil defence service during a special period (except for the
reconstruction period) or in case of targeted mobilisation - shall be punishable by
imprisonment for a term of two to five years;
- evasion of a conscript, person liable for military service, or reservist from military
registration after being warned by the relevant head of the territorial centre for
recruitment and social support is punishable by a fine of three hundred to five hundred
tax-free minimum incomes or correctional labour for up to one year;
- evasion of a person liable for military service or a reservist from training (special)
training - is punishable by a fine of five hundred to seven hundred tax-free minimum
incomes, or correctional labour for a term of up to two years.
Another critical aspect often overlooked is why Ukraine has not opted for a general
mobilization despite encouragement from some international partners. The reluctance to
declare full-scale mobilization stems from multiple factors, including economic
constraints, political considerations, and societal resistance. Economic Factors: A general
mobilization would disrupt key industries and workforce stability, further weakening
Ukraine's wartime economy. Political Considerations: A broader mobilization could lead
to increased domestic discontent, particularly among citizens who are unwilling or
unprepared to serve. Military Strategy: Ukrainian officials may view targeted, phased
mobilization as more effective than a sudden, large-scale conscription, ensuring that
forces are properly trained and equipped before being deployed.
Understanding Ukraine’s mobilization policies requires analyzing them alongside
international examples of wartime mobilization strategies (Chmykh, 2020).
3.2 Electronic summonses and changes in age criteria, which are
important in the context of modern technologies and their impact on law
On 30 January, the Cabinet of Ministers of Ukraine submitted an updated draft law on
mobilisation to the Verkhovna Rada of Ukraine. It was registered under the number
10449. This is the second attempt by the Verkhovna Rada to pass the draft law. In
general, the draft law contains the following main changes:
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VOL. 16, Nº. 1
May-October 2025, pp. 177-196
Analysis of New Approaches to Criminal Liability for Evading Military Conscription in Ukraine
in the Context of Global Security Challenges
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- Reduction of the conscription age from 27 years to 25 years;
- Providing a 90-day leave of absence for persons released from captivity;
- Involvement of local self-government bodies, local state administrations, civil-military
and military administrations, enterprises, institutions and organisations in the
mobilisation process;
- Involvement of the national police in the mobilisation process;
- Exclusion of regular military service as a type of military service and dismissal of all
regular military service personnel from the reserve.
The possibility of discharging from military service those servicemen who have served
continuously during martial law for 36 months;
- Introduction of basic military training and mobilisation for Ukrainians under the age of
25;
- Providing persons convicted of crimes with the right to be released from serving a
sentence with probation in exchange for military service during mobilisation (Changes to
the conscription…, 2024).
As for the reduction of the conscription age from 27 to 25 years, according to the
comments of parliamentarians, this decision is due to several reasons. Firstly, it is a
quantitative increase in the number of potential conscripts. And this does not raise any
questions. From a different perspective, the difference of 2 years is insignificant at first
glance, but in terms of modern technology and societal development, it is significant. The
improvement of weapons and various military equipment encourages many servicemen
to quickly master these innovations and apply them on the battlefield. Changing the age
criteria may open the door to more young people who, having grown up in the digital
age, may have a deeper understanding and faster learning curve in these areas.
However, the first reason is the most obvious.
An important topic for discussion and a relatively resonant moment for the population
was the issue of electronic summonses to the Territorial Recruitment and Social Support
Centre, which will potentially be sent to the electronic office of a conscript, reservist or
person liable for military service. However, the introduction of electronic summonses
prompts considerable reflection in terms of human rights and responsibilities (Draft law
on mobilisation…, 2024).
In general, the provision on the introduction of electronic summonses is quite logically
linked to the emergence of new obligations, which are detailed in the draft law and are
required to be fulfilled by all persons liable for military service, conscripts and reservists.
These obligations include the following (How they want to change…, 2024):
- To be registered in the electronic cabinet;
- Update their data through the relevant administrative service centre, or through an
electronic cabinet, or it can be done in person at the TRC within 60 days from the date
of mobilisation or within 20 days from the date of its extension;
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in the Context of Global Security Challenges
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- It is necessary to report changes in health status, address of residence or stay, changes
in marital status, email address and telephone number, place of work, position and
education - such notification of changes must be made within seven days to the
authorities where such persons are registered for military service.
In other words, if the above-mentioned points on the introduction of electronic
summonses are adopted, citizens will have 20 days to clarify all the necessary data. This
is an important point. It is worth noting the problematic aspect that the draft law does
not specify a time limit within which citizens must register an electronic cabinet. At the
same time, however, it is proposed to give the Cabinet of Ministers of Ukraine certain
powers to determine such a procedure. What does this mean? If this is adopted, citizens'
fulfilment of their obligation to register e-offices will directly depend on the Government's
adoption of the relevant bylaw Summonses online and at checkpoints (How they want to
change…, 2024).
There is also a parallel story with the introduction of electronic summonses in Diia. To be
more precise, this story has been going on since the Cabinet of Ministers approved the
updated rules of military registration by Resolution No. 1487 of 30 December 2022
(Cabinet of Ministers of Ukraine, 2022). This resolution regulates the creation of an
electronic register of persons liable for military service and remote military registration.
These statements became the basis for further discussions and concerns among the
population. However, the resolution does not mention sending summonses through the
state application "Diia" or online registration. The issue has already become a hot topic
(Efremov, 2023).
As part of this study, it is worthwhile to investigate in more detail the topic of electronic
summonses and whether it is possible to introduce them in a comprehensive manner
from the legislative point of view and taking into account the access of all citizens to
electronic resources.
In general, one important point is that it is technically possible to send electronic
summonses through Diia. After all, Diia is a state reference and information system that
provides services remotely. It is a kind of tool for simplifying many aspects of life and
effective communication with the state. However, it is not an application that transmits
any form of coercion. As of today, Diia already sends notifications of fines, proceedings
and court decisions. Drawing an analogy with notifications of the opening of enforcement
proceedings, Diia does not replace the procedure for serving court decisions, fines and
other procedural documents required by law.
As far as the legislative aspect is concerned, Ukraine is not currently ready to introduce
electronic summonses. The form of the summons, as well as the procedure and conditions
for its delivery, are clearly defined at the legislative level. Currently, the so-called
"regular" summonses can only be served to persons liable for military service in person,
and they must also sign for the service. It is clear that the existing alternatives to the
delivery of such notices, such as telephone calls, e-mails, oral notices, etc. are illegal and
violate the rights of persons liable for military service (Efremov, 2023).
This was confirmed in the case law of the Supreme Court even before the outbreak of a
full-scale war, namely the Supreme Court's ruling of 28 January 2020 in case No.
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759/5435/16-к, which states the following: if there is no evidence of service of a call-up
notice to a person liable for military service in the manner prescribed by law or if there
is no record of refusal to receive it, then the person is not guilty of evading military
service or mobilisation (Supreme Court, 2020).
It is also important to note the Supreme Court's ruling of 14 December 2021 in case No.
761/8429/16-к, which stated that a person liable for military service must receive a call-
up notice and mobilisation order in person. The court considers an improper notification
of the need to report to the military registration and enlistment office when the summons
does not contain information about a specific time, place and year (Supreme Court,
2021).
The Supreme Court's position after the start of the full-scale invasion is currently
unavailable, as similar cases are currently being considered by the courts of first instance.
This can be used to judge the speed of justice in wartime. In other words, from the point
of view of the current legislation and the spirit of law, a citizen must fulfil his or her
military duty to the state in person, and these relations do not allow for mediation or
representation, including by sending electronic subpoenas.
In other words, electronic summonses can theoretically be launched in Diia, but this
process will violate the constitutional rights of citizens. The Verkhovna Rada of Ukraine
may introduce a number of amendments to the existing regulations, but MPs will face a
number of problematic issues, including:
- How can a phone number be confirmed to belong to a particular citizen? After all, starter
packs can be bought literally in every store, and many citizens have several mobile
numbers.
- "Proper service of a summons" - what can be considered as such? According to the new
draft law, it is stated that the calls will be sent through an electronic cabinet, and the day
of its delivery will be the day when the military commissariat receives a notification of its
delivery. However, it does not specify what to do when a citizen has not seen the call.
Analysing the text of the document, this is not a reason for failure to appear at the
military registration and enlistment office. That is why this point is problematic. In
general, the options are as follows: either the fact that the document was sent by the
military commissar (which is already prescribed and is completely illegal), or
authorisation in the Diia app, or opening the call-up by the person liable for military
service in the app (Mobilisation in Ukraine…, 2024; Yaroshenko et al., 2022).
- What will be the reason for persons liable for military service to use their phones and
install the Diia app directly?
Let's assume that these issues are resolved, but one very important aspect remains: the
violation of the constitutional rights of persons liable for military service. After all, not all
citizens actively use mobile phones, and this can be either a conscious choice or the
result of certain religious beliefs. If electronic summonses are introduced, the state must
commit itself to providing every person liable for military service with a smartphone and
access to the Internet. And given the current economic situation, this point remains quite
problematic. And failure to comply with it with the parallel introduction of electronic
summonses is illegal. Therefore, the issue of evading military conscription will be quite
problematic.
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3.3 Migration of persons liable for military service and their attempts to
evade service abroad, as well as the reaction of EU countries to the
extradition of persons liable for military service to Ukraine
The issue of criminal prosecution of persons who crossed the state border after 24
February 2022 remains quite controversial and problematic. In general, the Verkhovna
Rada of Ukraine proposes the following step: those citizens who, although they went
abroad to evade military conscription, repented and returned to Ukraine within six
months, and voluntarily reported the fact of committing a crime to the State Border
Guard Service, will not be held criminally liable. This is an original way to take a 6-month
"holiday" abroad.
The relevant draft law number 10453 was registered in the Verkhovna Rada of Ukraine
(Draft Law on Amendments to the Criminal Code of Ukraine..., 2024). In general, this
draft law, in addition to the above, also proposes to strengthen criminal liability measures
specifically for illegal crossing of the state border and to introduce criminal liability for
illegal border crossing during mobilisation. The proposed sanction in this case is
imprisonment for a term of 3 to 5 years. If the offence is committed repeatedly or by a
group of persons, the penalty is imprisonment for a term of 5 to 8 years. Imprisonment
for up to 12 years may be imposed on persons who attempt to illegally cross the border
using weapons and violence (The Verkhovna Rada proposes…, 2024).
Against the backdrop of the active intensification of mobilisation, the issue of returning
men liable for military service to the country is also being discussed. The authorities have
repeatedly mentioned such plans, but now this issue is gaining momentum. Earlier,
Defence Minister Rustem Umerov "invited" Ukrainian men who had travelled abroad to
come to recruitment offices on a voluntary basis. Also, President of Ukraine Volodymyr
Zelenskyy stated that all men of conscription age should stay on the territory of Ukraine
- they should either pay taxes or fight. Those who went abroad should return (Zelenskyy
said that all men should either work or fight, 2024).
However, it’s important to note that, as of today, there is no mechanism for the return
of men of military age to Ukraine, regardless of whether they left legally or illegally. And
the "extradition of evaders", which has been repeatedly mentioned in the Verkhovna
Rada, is an impossible process against the background of the position of many European
countries, which are not yet ready to extradite Ukrainian citizens. It’s better to analyse
in more detail the positions of some European states on the above-mentioned issue of
"extradition of fugitives". For example, in Austria, a statement was made at the state
level that extradition of men of military age is impossible. This statement also applies to
men who arrived in the country after the start of the full-scale invasion. The local Ministry
of Foreign Affairs called this situation a direct attack on their statehood. According to the
latest data, there are 14,000 Ukrainians fit for military service in Austria (Forced return
of men from abroad?..., 2024).
As for Germany, the figures are much more impressive, as there are almost 200,000
Ukrainian men of mobilisation age living in the country, but, like Austria, they will not
extradite them. They believe that extradition of conscripts against their will is a direct
violation of human rights. And given the provisions of the German Constitution, a person
must join the armed forces only of their own free will. It was also noted that such actions
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189
would reduce the number of workers in the country, which would affect the economic
situation in the country. This was the basis for the refusal to extradite persons liable for
military service (The German government…, 2024).
In turn, Hungary is also against the extradition of men from the country. This position is
categorical, as all refugees in the country are considered to be under reliable protection
and their lives are not in danger. Deputy Prime Minister Zsolt Szemien said that every
refugee is a free person, and a free person can decide for himself whether to return to
Ukraine or stay in the European Union (Forced return of men from abroad?..., 2024).
In the Czech Republic, in early autumn, it was clearly stated that the issue of forced
return of men was not on the agenda. Minister of Justice Vladimír Rzepka referred to the
European Convention, which excludes extradition for evading military service, desertion
or disobedience to command orders. However, it was also noted that only a Ukrainian
court can request the extradition of a particular person liable for military service. An
example is if it is established that a citizen has deliberately forged documents in order to
be exempted from service or has purchased a so-called "white ticket" of medical unfitness
for a bribe. In this case, extradition is possible (Forced return of men from abroad?...,
2024).
Estonia initially confirmed its intention to help Ukraine with the mobilisation of citizens,
provided that the two countries conclude an agreement. However, after a while, it was
noted that Estonia was not going to send people to the frontline by force. Moreover, it
was noted that it was a matter for the Ukrainian authorities to appeal to those liable for
military service abroad to express their desire to return (Will Estonia extradite Ukrainians
for mobilisation, 2024).
Poland has also stated that there will be no forced deportation of men. Whether or not
to return is a matter for each citizen, and therefore no one will force anyone to do so
(Will conscripts be returned to Ukraine…, 2023).
3.4. Analysis of the ethical challenges and legal dilemmas faced by both
individuals and the state in the area of criminal liability for conscription
evasion in the context of armed conflict
The issue of criminal liability for conscription evasion in armed conflict presents a complex
set of ethical problems and legal dilemmas for both individuals and the state. With regard
to ethical challenges for individuals, it is important to point out the issue of conscientious
objection. It is not uncommon for individuals to oppose mobilisation and conscription on
religious or moral grounds. For them, conscription raises questions of personal integrity
and moral responsibility. They may refer to their ethical beliefs, which primarily prohibit
them from injuring or even killing someone in war, which is quite common during
hostilities (Evasion from mobilisation, 2024).
This also includes the issue of personal security, which prevails over the duty to protect
the territorial integrity of the state. This raises ethical questions about the balance
between self-preservation and societal obligations, especially in situations where people
may perceive the conflict as unjust or morally questionable (Total war…, 2022).
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For many people, evading military service is a logical phenomenon, as they fear harming
others. This kind of ethical dilemma involves a process of weighing the potential
consequences of participating in war, including the possibility of harming either civilians
or experiencing traumatic experiences personally. As for the ethical challenges for the
state, first of all, there is the issue of respect for human rights, as each new bill affects
human rights in one way or another. That is why the state needs to strike a balance
between the interests of state protection and respect for the rights of persons liable for
military service.
The issue of equality and fairness in the distribution of the burden of military service
among citizens is also often raised. It is only logical to ask how some people can be fairly
forced to risk their health and life when others have the possibility of exemption from
service or can evade it in various ways (Sanders, 2023). The state also bears the burden
of understanding that inducement and coercion to mobilise can backfire on society.
Therefore, conscription evasion is often a form of dissent against policies or actions that
are perceived as unjust or immoral, prompting the state to reconsider its military
commitment.
One of the major concerns regarding the criminalization of military conscription evasion
in Ukraine is its compatibility with fundamental human rights protections, particularly in
the context of international law (Council of Europe, 2018). Ukraine’s requests for the
extradition of conscription evaders have raised significant legal and ethical concerns in
EU countries, many of which refuse such extraditions due to potential human rights
violations outlined in the European Convention on Human Rights (ECHR).
Key Human Rights Concerns:
− Right to a Fair Trial (Article 6, ECHR): Extradited individuals must be guaranteed a fair
trial, including adequate legal representation and impartial court proceedings.
− Prohibition of Inhuman or Degrading Treatment (Article 3, ECHR): The extradition of
conscription evaders to Ukraine could expose them to inhumane conditions, including
arbitrary detention and potential mistreatment.
− Non-Refoulement Principle (under international law): States are prohibited from
extraditing individuals if there is a risk that they will face persecution, ill-treatment,
or a denial of their fundamental rights.
Several ECtHR rulings have set important legal precedents in this area. Cases concerning
conscientious objectors and military service evasion have determined that states must
ensure protection for individuals who refuse conscription based on legitimate moral or
religious grounds.
Additionally, while the article references Ukrainian domestic laws, it does not sufficiently
discuss international legal instruments governing extradition and military service-related
human rights issues, such as:
− The European Convention on Extradition
− UN Human Rights Council opinions on conscientious objection
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− International Covenant on Civil and Political Rights (ICCPR), which guarantees
freedom of thought and conscience (Article 18) (Fulei, 2015; Council of Europe, 2018;
Council of Europe, 2022).
In terms of legal dilemmas, in general, the legal framework on conscription evasion
requires states to establish penalties for non-compliance, which is currently being actively
pursued. However, adopting a law and making many amendments is one thing, and
implementing its provisions is quite another, requiring significant resources. This is
especially important to consider when individuals evade conscription in various ways,
such as fleeing the country or falsifying documents (Total war…., 2022).
The process of draft evasion is closely intertwined with international human rights
principles and standards, including the right to conscientious objection and the
prohibition of arbitrary detention. As part of its obligations, the state must ensure that
its conscription policy complies with international standards and respects fundamental
human rights. Legal dilemmas can arise with regard to the selective prosecution of
conscription evaders, especially when enforcement measures disproportionately target
certain groups based on factors such as socio-economic status, ethnicity, or political
affiliation. This calls into question the fairness and impartiality of the legal system
(Evasion from mobilisation, 2024).
4. Conclusion
The discussion surrounding criminal liability for conscription evasion in Ukraine is deeply
intertwined with international human rights principles, legal precedents, and geopolitical
considerations. Although Ukraine confronts valid security issues, all actions must adhere
to international law, especially concerning human rights safeguards for persons subject
to extradition or compulsory conscription.
Evasion from military conscription is considered to be the improper fulfilment of the
obligations stipulated by the Law of Ukraine "On Mobilisation Training and Mobilisation".
However, in order to fully understand whether liability arises in a particular case, it is
worth focusing on understanding the process of evasion as such. The ways to evade
military conscription are as follows: refusal to be called up for military service in
accordance with the mobilisation process; failure to appear at the Territorial Recruitment
and Social Support Centre for a medical examination upon a call; direct escape from the
place of conscription or military unit; refusal to participate in training or evasion in any
way.
In general, in the context of this study, there are two types of liability for evading military
conscription: administrative and criminal. Speaking in more detail about criminal liability,
it is important to point out the following points. In accordance with the special laws "On
mobilisation training and mobilisation" and "On military duty and military service",
persons who evade conscription, call-up for regular military service, registration for
military service or special (check-up) training are criminally liable under the law. Criminal
liability arises in accordance with Articles 335, 336, 336-1, 337 of the Criminal Code of
Ukraine.
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Important potential innovations could include reducing the conscription age from 27
years to 25 years. In terms of numbers, this is a direct increase in the number of potential
conscripts. And this does not raise any questions. From a different perspective, the
difference of 2 years may seem insignificant at first glance, but given modern technology
and the development of society, it is significant. The improvement of weapons and
various military equipment encourages many servicemen to quickly master these
innovations and apply them on the battlefield. Changing the age criteria may open the
door to more young people who, having grown up in the digital age, may have a deeper
understanding and faster learning curve in these areas.
An important topic for discussion and a relatively resonant moment for the population
was the issue of electronic summonses to the Territorial Recruitment and Social Support
Centre, which will potentially be sent to the electronic account of a conscript, reservist
or person liable for military service. In theory, electronic summonses can be launched,
but this process will violate the constitutional rights of citizens. The Verkhovna Rada of
Ukraine can make a number of changes to existing regulations, but parliamentarians will
face a number of problematic issues, the most important of which is the interpretation
and regulation of the proper delivery of the summons. Assuming this and other issues
are resolved, there is still one very important aspect that remains: the violation of the
constitutional rights of persons liable for military service. After all, not all citizens actively
use mobile phones, and this can be either a conscious choice or the result of certain
religious beliefs. If electronic summonses are introduced, the state must commit itself to
providing every person liable for military service with a smartphone and access to the
Internet. And given the current economic situation, this point remains quite problematic.
And failure to comply with it with the parallel introduction of electronic summonses is
illegal.
The issue of criminal prosecution of persons who crossed the state border after 24
February 2022 remains quite controversial and problematic. In general, the Verkhovna
Rada of Ukraine proposes the following step, when those citizens who, although they
went abroad to evade military conscription, repented and returned to Ukraine within six
months, and voluntarily reported the fact of committing a crime to the State Border
Guard Service, will not be held criminally liable. This is an original way to take a 6-month
"holiday" abroad.
The relevant draft law, No. 10453, has been registered in the Verkhovna Rada. In
addition to the above, this draft law also proposes to strengthen criminal liability for
illegal crossing of the state border and to introduce criminal liability for illegal border
crossing during mobilisation. Against the backdrop of the active intensification of
mobilisation, the issue of the return of men liable for military service to the country is
also being discussed. However, as of today, there is no mechanism for the return of men
of military age to Ukraine, regardless of whether they left legally or illegally. And the
"extradition of evaders", which has been repeatedly mentioned in the Verkhovna Rada,
is an impossible process in view of the position of many European countries, such as the
Czech Republic, Germany, Austria, Estonia, Poland, Hungary, etc., which are not
currently ready to extradite Ukrainian citizens.
Expanding the study to include a deeper analysis of human rights violations, relevant
ECtHR case law, and international treaties on extradition will enhance its legal credibility.
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Additionally, addressing the strategic rationale behind Ukraine’s reluctance to enact full-
scale mobilization will provide a more balanced and nuanced perspective on the country’s
military policies.
It is important to summarise that the process of draft evasion is closely intertwined with
international human rights principles and standards, including the right to conscientious
objection and the prohibition of arbitrary detention. As part of its obligations, the state
must ensure that its conscription policy complies with international standards and
respects fundamental human rights. Legal dilemmas may arise with regard to the
selective prosecution of conscription evaders, especially when enforcement measures
disproportionately target certain groups based on factors such as socio-economic status,
ethnicity, or political affiliation. This calls into question the fairness and impartiality of
the legal system.
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