Believers are obliged to serve during martial law: Supreme Court decision
Kyiv • UNN
The Supreme Court of Ukraine has confirmed the obligation of all citizens, regardless of their religion, to serve in the Armed Forces of Ukraine during martial law. The decision was made in the case of a Jehovah's Witness who evaded mobilization.
Under the legal regime of martial law, all citizens of Ukraine, regardless of their religion, are obliged to serve in the Armed Forces and other official paramilitary formations of the state. This was reported by the Judicial Power of Ukraine, UNN reports.
Details
On April 15, the Criminal Cassation Court as part of the Supreme Court issued a verdict in the case of a man who was sentenced to three years of imprisonment for failing to appear at the JSSC. He received a summons, but did not appear, citing his religious beliefs.
According to the verdict, the man underwent military service in 1996, and in 2023 he was baptized as a Jehovah's Witness. The defense argued that the man did not appear at the JSSC because of belonging to a religious organization that prohibits military service - according to the lawyer, this should cancel the verdict.
However, the Supreme Court decided otherwise. They explained that the rule on alternative military service is valid only in peacetime, and during martial law and general mobilization, when there is a threat to the existence of the state, this rule is not valid.
The Supreme Court also noted that none of the ECHR decisions took into account the circumstances of such a large war that is now taking place in Ukraine.
According to the Court, the state's stay in the legal regime of martial law is a good reason to talk about the need for all citizens of Ukraine, including Jehovah's Witnesses, to fulfill their military duty