On May 1, the Supreme Court announced that during martial law, religion did not free citizens from military service.
The court decision said, in particular, Jehovah’s Witnesses, whose doctrine does not allow any military service.
The Criminal Court of the Cassette Court in the Supreme Court as a result of case No. 573/406/24 stated that in wartime during mobilization and military war “the obligation to defend Ukraine lies with all citizens of Ukraine, regardless of their religion.”
In this criminal proceedings, the courts of the previous example were found guilty of the military that he did not arrive in CCC and JV for military service in a military unit after receiving the agenda for no good reason.
The accused was convicted of art. 336 of the Criminal Code of Ukraine before imprisonment for three years. In the complaint about the cassation, the defender indicates that the income not tested by his client was associated with his belonging to the Religious Association of Jehovah’s Witnesses, whose doctrine does not allow any military service, and, therefore, due to his deep religious beliefs, criminal liability was excluded.
Leaving the courts of the previous copy, the Supreme Court said that Ukraine introduced alternatives to military service in peacetime, and citizens of Ukraine could use them. However, in wartime, during mobilization and military war, the obligation to defend Ukraine, which was aggressive by the Russian Federation, remains with all citizens of Ukraine, regardless of their religion.
At a time when Ukraine is self -equipment, when the existence of the state itself is threatened, every citizen of Ukraine should know about the need to find a balance between the needs of the state and the interests of a citizen. ECTHR has repeatedly paid attention to the need to take into account “special social needs” and “proportionally proportional to the legal goal” in cases related to the need to fulfill a certain obligation and freedom of religion.
The Supreme Court believes that the existence of special social needs is obvious, because Ukraine leads the defensive war, and not aggressive, Ukraine attacked a state that is much larger in size and population, a line of active battles and the borders from which a potential attack of the enemy can occur.
The BC does not resort to the analysis of ECTHR decisions in the context of military service deviations from religious beliefs, since none of the decisions of this court is connected with crimes, including women and children.
In Ukraine, the general mobilization of all conscripts was announced, that is, not about military service on calls that occurs in peacetime (as in the ECHR), but about military service for mobilization for hostile armed aggression.
According to the trial, the state’s stay in the legal regime of martial law is a good reason to talk about the need to fulfill military duty to all citizens of Ukraine, including Jehovah’s Witnesses.
Source: https://reyest.court.gov.ua/review/126906863.
Source: Racurs
I am David Wyatt, a professional writer and journalist for Buna Times. I specialize in the world section of news coverage, where I bring to light stories and issues that affect us globally. As a graduate of Journalism, I have always had the passion to spread knowledge through writing.