Consequences of evading mobilization: when imprisonment could be a potential penalty.

During the war and the active mobilization of men of conscription age in Ukraine, according to the law "On Mobilization Preparation and Mobilization," every liable citizen must report to the Territorial Center for Recruitment and Social Support (TCSP) within the time specified in the summons or mobilization order. Failure to comply, especially repeatedly, will result in penalties. Therefore, when does criminal liability for evading mobilization arise, and what exactly threatens an individual? Details have been provided by legal experts.

Evading conscription and violating military registration rules: what are the consequences?

For a single failure to appear at the military enlistment office, administrative liability is established. According to the law (Article 210 of the Code of Ukraine on Administrative Offenses), violations of military registration rules by conscripts, reservists, and military personnel result in a fine of two hundred to three hundred non-taxable minimum incomes of citizens (3400-5100 UAH).

A single failure to appear at the military enlistment office incurs administrative responsibility

If a violation is repeated within a year, it results in a different fine — ranging from three hundred to five hundred non-taxable minimum incomes of citizens (5100-8500 UAH).

"A similar penalty is established for violating the legislation on defense, mobilization preparation, and mobilization (Article 210-1 of the Code of Ukraine on Administrative Offenses)," added the lawyer.

How fines for violations of military registration are enforced in Ukraine

"Fines will be imposed within three months from the date of identifying the offense, but no later than one year from the date it was committed. These fines can also be assigned in absentia, without drawing up a protocol. Any debt determined by a court decision that has not been fulfilled according to the established procedure will be collected. Therefore, it is better to pay the fine immediately," warns Anna Daniel, a lawyer and managing partner of the "Anna Daniel" Law Office.

Fines will be imposed within three months from the date of identifying the offense, but no later than one year from the date it was committed

The State Enforcement Service has an automated system for enforcement proceedings (ASEP). Therefore, once enforcement proceedings are initiated and the individual's details are entered into the debtor registry, this system automatically locates their bank accounts, leading to their seizure.

If a fine from the TCSP is ignored, information about the violator will be sent to the enforcement service, and their data will be entered into the Unified Registry of Debtors. The resolution is sent for compulsory execution to the state enforcement service at the debtor's place of residence, work, or property location.

The enforcement service first checks for the presence of property and bank accounts. Accounts are automatically seized, while there are no restrictions placed on property at this time. However, an increase in fines may serve as grounds for restricting property use, and by law, if a large amount of debt accumulates, enforcers have full rights to seize property.

In what cases does criminal liability arise and how to avoid it

Some violations of mobilization legislation carry penalties in the form of imprisonment. "If a liable person or reservist has undergone a military medical commission and ignored a mobilization order, such actions are considered evasion from mobilization. In this case, Ukrainian legislation provides for criminal liability," explains Miroslava Mostova.

According to Article 336 of the Criminal Code of Ukraine, evasion from conscription for military service due to mobilization is punishable by imprisonment for a term of three to five years.

Evasion from conscription for military service due to mobilization is punishable by imprisonment for a term of three to five years

However, actual punishment may be replaced with a probation period, which is happening quite frequently now. If the court considers it a minor offense, and the liable person acknowledges their guilt and cooperates with the investigation, in many cases, a probation period is assigned under Article 75 of the Criminal Code. For instance, the probation or so-called "conditional" term can last from six months to three years, but the most common duration is from one to two years.

Imprisonment for evasion from mobilization is not uncommon; courts have recently made such decisions quite often. For example, the media reported a decision by the Khmelnytskyi city district court to imprison a citizen for three years for evading mobilization. According to the investigation, on March 18 of this year, the defendant came to the TCSP to register for military service, after which they underwent the military medical commission, which deemed them fit for service.

The man was issued a "combat" summons and was required to report for service on March 20. However, he ignored the summons, leading to the opening of a criminal case. In court, he admitted his guilt and explained that he was afraid to go to military service. The court found the man guilty of evading mobilization (Article 336 of the Criminal Code) and sentenced him to three years in prison.

Miroslava Mostova noted: to this day, in Ukraine, in certain cases, mobilization activities concerning men are conducted with gross violations of the current legislation of Ukraine and citizens' rights.

"Therefore, if you encounter illegal mobilization, you have the right to report such circumstances to law enforcement agencies. Also, pay attention to whether the summons to the TCSP is properly issued. Before visiting the TCSP, it is essential to clarify if you have the right to deferment," she added.

However, if there is no right to deferment and the liable person is sent for a military medical commission, it is necessary to prepare all available medical documentation regarding their health in advance.

The lawyer pointed out that in most TCSPs, it is required that information about the health status of the liable person or reservist be entered into the Helsi system.

"It should also be noted that if the existing health conditions of the individual are not taken into account by the commission during the military medical commission, this serves as grounds for appealing the respective conclusion of the commission," added Miroslava Mostova.