Can Jehovah's Witnesses be exempted from military service?

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Can Jehovah's Witnesses be exempted from military service?

25.01.2024 15:08 618

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Photo of lorina200215 Lorina Fedan

According to a similar court decision:

According to the Law of Ukraine "On Military Obligation and Military Service", in conditions of war or state of emergency, separate restrictions on the right of citizens to undergo alternative service may be established. The Presidential Decree of November 26, 2018 "On the introduction of martial law in Ukraine" states that during the period of martial law, the constitutional rights and freedoms of a person and a citizen, provided for in Articles 30-34, 38, 39, 41-44, 53 of the Constitution, may be limited of Ukraine, as well as introduce temporary restrictions on the rights and legal interests of legal entities within the limits and to the extent necessary to ensure the measures of the legal regime of martial law.

The right of believers to freedom of worldview and religion, guaranteed by Art. 35 of the Constitution of Ukraine and includes the right to replace military service with alternative non-military service. The decree of the President of Ukraine on martial law did not limit the right to freedom of worldview and religion. The laws "On the legal regime of martial law", "On mobilization training and mobilization", "On military duty and military service" also do not contain such restrictions.

A Jehovah's Witness has the right to replace military service with an alternative non-military one during mobilization, because he belongs to a religious organization whose creed does not allow the use of weapons.

*The law on military duty establishes that conscript military service and military service upon conscription during mobilization, for a special period, are two independent types of military service. Alternative service is introduced instead of regular military service. Replacement of military service by conscription during mobilization, for a special period, or in conditions of martial law for alternative (non-military) service is not established by law. But the lack of specification in the law "On mobilization training and mobilization" and the mechanism of alternative service due to religious beliefs during martial law for persons called up for mobilization, in the opinion of the court, does not deprive the accused of the right to replace the performance of military duty with alternative (non-military) service. *

25.01.2024 16:43

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