There is a war going on in Ukraine and men are being mobilized en masse into the ranks of the Armed Forces. Any person who has received a summons must contact the specified territorial recruitment and social support center within a specified period. This also applies to those persons who have the right to deferment or are unfit for service due to their health.
According to the Laws of Ukraine “On Mobilization Training and Mobilization”, “On Military Duty and Military Service”, citizens who evade conscription for military service, mobilization, military registration or special (verification) fees shall bear administrative and criminal charges. responsibility.
ADMINISTRATIVE RESPONSIBILITY FOR EVADING MOBILIZATION
– Article 210 of the Code of Administrative Offenses – violation of military accounting rules by conscripts, conscripts, and reservists.
Violation of military accounting rules by conscripts, conscripts, and reservists entails the imposition of a fine of thirty to fifty tax-free minimum incomes of citizens.
Repeated within a year of committing a violation provided for in part one of this article, for which a person has already been subject to an administrative fine, as well as committing such a violation in a special period, shall entail the imposition of a fine of fifty to one hundred tax-free minimum incomes of citizens.
– Article 211 of the Administrative Code of Administrative Offenses – corruption of military accounting documents or their loss due to carelessness.
Damage or careless storage by conscripts, conscripts and reservists of military registration documents (certificates of registration at conscription stations, military tickets, temporary cards of conscripts), which caused their loss, entails the imposition of a fine from thirty to fifty tax-free minimum incomes of citizens.
Repeated within a year committing a violation from among those provided for in the first part of this article, for which a person has already been subject to an administrative fine, as well as committing such a violation in a special period – entail the imposition of a fine from fifty to one hundred tax-free minimum incomes of citizens.
CRIMINAL LIABILITY FOR EVADING MOBILIZATION
The Law on Criminal Liability provides for a number of articles that establish types of offenses in the field of ensuring conscription and mobilization.
– Article 336 of the Criminal Code of Ukraine (the most common) – evasion of conscription for military service during mobilization, for a special period, for military service following the conscription of reservists during a special period.
Evasion of conscription for military service during mobilization, for a special period, for military service following the conscription of reservists in a special period – is punishable by imprisonment for a term of three to five years.
The subject of the crime provided for in Article 336 of the Criminal Code of Ukraine is a person conscripted for military service, if he was properly informed in accordance with the procedure established by law about the obligation to appear for general mobilization at the conscription area of a certain recruitment and social support center, and the person evaded conscription on military service during mobilization.
To qualify the actions of a person under Article 366 of the Criminal Code of Ukraine, it is necessary:
- establish intent and purpose in evading conscription during mobilization;
- establish an illegal refusal to pass a military medical commission.
Court practice was formulated quite quickly in this area, as of September 28, 2022, the Unified State Register of Court Decisions contains 86 verdicts on criminal offenses provided for in Article 336 of the Criminal Code of Ukraine. At the same time, there is no acquittal, all persons admitted their guilt.
– Article 336-1 of the Criminal Code of Ukraine – evasion of civil protection service during a special period or in case of targeted mobilization;
Evading civil defense service during a special period (except for the reconstruction period) or in the case of targeted mobilization is punishable by imprisonment for a term of two to five years.
– Article 337 of the Criminal Code of Ukraine – evasion of military registration or educational (special) fees.
Evasion of a conscript, conscript, reservist from military registration after a warning issued by the relevant head of the territorial recruitment and social support center, the heads of relevant bodies of the Security Service of Ukraine, relevant divisions of the Foreign Intelligence Service of Ukraine, is punishable by a fine of three hundred to five hundred tax-free minimum incomes citizens or correctional works for a period of up to one year.
Evasion of a conscript or a reservist from training (special) fees is punishable by a fine of five hundred to seven hundred tax-free minimum incomes of citizens or corrective labor for a term of up to two years.
– Article 335 of the Criminal Code of Ukraine – evasion of conscription for military service, military service by conscription of officers.
Evasion of conscription for military service, military service by conscription of officers – is punishable by restriction of freedom for a term of up to three years.
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