Where are we
office@sw-partners.com
+38(097) 946 65 81
- Details
-
Published: 21 February 2015
-
Hits: 1229
Novomoskovskiy City District Court of Dnipropetrovsk region decided in the case № 183/6316/14 about an accuse of evading mobilization under Art. 336 of the Criminal Code (evasion of mobilization) – with: NOT GUILTY!
Take attention that this sentence was one of the first cases at court concerning mobilization!
Due to the fact that the accused person belongs to a religious organization, doctrine of which does not allow to use of weapons (Jehovah's Witnesses), the fact of evasion of mobilization has not been proven during the trial! The accused person did not hide, arrived to the military station (voenkomat) and asked to send him to alternative non-military service. They however, denied! The Court interpreted the law that according to the paragraph 4 of Article 35 of the Constitution, paragraph 4 of Article 1 of the Law "About Military Duty and Military Service" and Article 2 of the Law "About alternative (non-military) service" he had the right to substitute alternative service conscription because his faith prohibits the use weapons.
This case was a precedent, cause this right to deny the service at arms was originally just granted for basic military service! However, court interpreted this also for mobilization because of a lack of clear legislation!
