Alternative (non-military) service is an alternative to military service in Ukraine, which is a legal and guaranteed right of citizens to freedom of outlook and religion (Article 35 of the Constitution of Ukraine) and the right to protection from coercive relations (Article 29 of the Constitution of Ukraine).
Regulatory framework
The normative base of alternative (non-military) service includes the following legal acts:
- The Constitution of Ukraine – enshrines the right of citizens to freedom of outlook and religion (Article 35), as well as the right to protection from coercive relationships (Article 29).
- The Law of Ukraine “On Military Duty and Military Service” – defines the grounds for conscription for military service, as well as responsibility for its evasion (Article 2, 17-19).
- The Law of Ukraine “On alternative (non-military) service” regulates the issue of alternative (non-military) service.
- Resolution of the Cabinet of Ministers of Ukraine dated November 10, 1999 No. 2066 “On the approval of normative legal acts regarding the application of the Law of Ukraine “On Alternative (Non-Military) Service” – establishes the procedure for performing alternative (non-military) service.
Right to alternative (non-military) service
The Law of Ukraine “On alternative (non-military) service” defines the right of citizens to alternative (non-military) service based on religious, ethical, moral or other beliefs. This right can be used in case of refusal from military service based on one’s convictions.
Direction to alternative service
Where to turn?
According to the Decree of the Cabinet of Ministers of Ukraine of November 10, 1999 No. 2066 “On the approval of normative legal acts on the application of the Law of Ukraine “On alternative (non-military) service”, citizens who wish to undergo alternative service must apply to the relevant authorities for the registration of the relevant documents
Required documents
The following documents are required for registration of referral to alternative (non-military) service:
- application for alternative (non-military) service;
- documents that confirm a citizen’s religious, ethical, moral or other beliefs.
Review period
The term of consideration of an application for alternative (non-military) service is no more than 30 days from the date of submission of documents.
Grounds for refusal
The following circumstances may be grounds for refusal of referral to alternative (non-military) service:
- unreliability of the information provided by the citizen in the application;
- lack of documents confirming the religious, ethical, moral or other beliefs of the citizen;
- Criminal actions of a citizen that indicate his unreliability or inability to serve in accordance with the requirements of the Law of Ukraine “On Military Duty and Military Service”.
Passing alternative service
Terms and place of alternative service
The Law of Ukraine “On Alternative (Non-Military) Service” provides that alternative (non-military) service is carried out in organizations and institutions that carry out social activities. According to the Decree of the Cabinet of Ministers of Ukraine dated November 10, 1999 No. 2066 “On the approval of normative legal acts
in relation to the application of the Law of Ukraine “On Alternative (Non-Military) Service”, the place of alternative (non-military) service is chosen by the citizen undergoing alternative service.
Term of alternative service
The term of alternative (non-military) service is 18 months, which is equal to the term of regular military service.
Changing the location of the service
The Law of Ukraine “On Alternative (Non-Military) Service” provides for the possibility of changing the place of alternative service. Citizens undergoing alternative service can apply for a change of place of service to the relevant authorities.
Termination of Alternate Service
Alternative (non-military) service is terminated in the following cases:
- with the consent of a citizen undergoing alternative service;
- if there is information about the criminal activity of a citizen undergoing alternative service;
- upon violation by a citizen of the conditions of alternative service;
- upon a citizen performing military duty or entering military service;
- on other grounds determined by law.
Legal, economic, cultural features of Ukrainians
When completing alternative (non-military) service, the legal, economic and cultural characteristics of Ukrainian citizens are taken into account. For example, a citizen’s religious affiliation and cultural customs are taken into account. Also, an important factor is the economic status of the citizen and his family, as alternative service may have certain costs.
Four funny judicial examples from the lives of clients
Funny four case studies from clients’ lives are funny stories from everyday life related to alternative (non-military) service. These examples may mean different things to different people, but in general they demonstrate how strange and unpredictable situations can arise during alternative (non-military) service. The examples clearly illustrate the importance of quality legal support and emphasize the importance of knowledge of legislation in this area.
One of the examples refers to the case when a citizen who was performing alternative service received a military uniform from a military unit instead of the declared civilian one. In this case, the legal consultant was able to help the client in resolving the conflict with the military unit and returning the civilian uniform.
Another example relates to the case when a citizen who underwent alternative service decided to change the place of service, but faced difficulties in registering this change with the authorities. The lawyer was able to help the client overcome these difficulties and resolve the issue of changing the place of alternative service.
The third example concerns the situation when a citizen who was performing alternative service received a call for help from a public organization dealing with the elimination of the consequences of a natural disaster. In this case, the legal consultant was able to help the client decide whether a citizen undergoing alternative service could be called for such assistance, and helped to make an application to the relevant authorities for permission to visit this public organization. As a result, the citizen was able to provide assistance, and his legal rights and obligations were not violated.
The fourth example refers to the case when a citizen who served in alternative service was detained by law enforcement agencies for committing an administrative offense. In this case, the legal consultant was able to help the client resolve the issue of the lack of a military ID card, because in such cases, instead of a military ID card, a citizen should carry a military ID card for alternative (non-military) service.
These funny court cases show that alternative (non-military) service can be accompanied by unforeseen situations that require high-quality legal support and knowledge of legislation in this area. This helps to ensure the rights and obligations of citizens undergoing alternative service and prevent possible negative consequences.
During the war in Ukraine: Alternative (non-military) service
During the war in Ukraine, the issue of alternative (non-military) service is particularly important. The Law of Ukraine “On Alternative (Non-Military) Service” provides for the possibility of alternative service for conscript citizens who have well-founded beliefs about the inadmissibility of waging war and military service.
In the event of a military threat or war, a citizen who has completed alternative (non-military) service may be conscripted into military service in accordance with the law. However, if a citizen cannot be involved in military service for good reasons, he has the right to continue completing alternative service.
In addition, during the war in Ukraine, public organizations are actively involved in ensuring the safety and protection of the population. Citizens undergoing alternative (non-military) service may participate in such actions at their own will and in accordance with the conditions defined by law.
Therefore, the issue of alternative (non-military) service during the war in Ukraine is particularly important. Citizens who have well-founded beliefs about the unacceptability of waging war and military service have the right to perform alternative service, and in the event of a military threat or war, information about the possibility of alternative service must be widely disseminated among the population. It is also necessary to provide access to relevant information about the procedure for passing alternative service and the rights and obligations of citizens who pass it.
It is important to note that alternative (non-military) service is an important alternative for citizens who have well-founded beliefs about the unacceptability of waging war and military service. The legislation of Ukraine provides for all necessary conditions and procedures for its passage, including the right to change the place of passage of the service, termination of the alternative service and access to information about it.
By providing high-quality legal support to citizens undergoing alternative (non-military) service, legal consultants help ensure their rights and obligations under the law, prevent possible negative consequences, and preserve their mental and physical health.
Conclusion
Despacho Internacional “Intereses legítimos” provides legal support and consulting services on alternative (non-military) service. In order to provide quality and efficient assistance to clients wishing to undergo an alternative service, Despacho Internacional “Intereses legítimos” suggests making an appointment in advance. This will allow you to get a consultation at a time convenient for you and prevent unnecessary waiting.
It is important to note that all services are provided remotely to save the client’s time and respect confidentiality. The legal advisors of Despacho Internacional “Intereses legítimos” have extensive experience in accompanying citizens undergoing alternative (non-military) service, so they will be able to assist you in all matters related to this process.
Turning to Despacho Internacional “Intereses legítimos” for legal assistance in matters of alternative (non-military) service will help you gain a sense of security, confidence in the future and stability in your life and that of your family. By making an appointment in advance, you will receive high-quality and effective legal assistance at a time convenient for you.
