Evading military registration can lead to a three-year prison sentence: the consequences of violating military enrollment regulations.

A resident of Frankivsk region, who received a summons and failed to appear at the military recruitment center, was sentenced to one year of imprisonment. This was reported in the verdict of the Tysmenytsia District Court. The 41-year-old man underwent a military medical commission. He was deemed fit for military service and was ordered to report to the recruitment center; however, after receiving a "combat" summons, and being warned about criminal liability for evading mobilization, the man did not show up, according to the verdict. In court, the man admitted his guilt and explained that he was "not ready to serve in the military." He also noted that he needed to take care of his elderly parents. The defendant was sentenced to one year of imprisonment under Article 336 of the Criminal Code of Ukraine (evasion of conscription for military service during mobilization).

When does criminal liability for failing to appear at the military recruitment center arise?

According to lawyer Myroslava Mostova, some violations of mobilization legislation lead to punishment in the form of imprisonment.

"If a conscript or reservist has undergone a military medical commission and ignored a mobilization order, such actions are considered evasion from mobilization. In this case, Ukrainian law provides for criminal liability," explains Myroslava Mostova, a lawyer at Evrikalaw.

According to Article 336 of the Criminal Code of Ukraine, evasion from conscription for military service during mobilization is punishable by imprisonment for a term of 3 to 5 years.

However, the actual punishment can be replaced with a probation period, which is happening very often nowadays. If the court considers the offense to be minor, and the conscript admits his guilt and cooperates with the investigation without denying anything, 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 6 months to 3 years, with the most common duration being from one to two years.

When can a conscript go into hiding?

Violations such as failure to appear in response to a summons delivered personally or by mail, or ignoring a directive to undergo a military medical commission have consequences. An entry is made in the electronic military accounting document indicating that the conscript is wanted, and the recruitment center staff will contact the police to request the delivery of such an individual for committing an administrative offense. This means that such conscripts can be detained by the National Police and taken to the district recruitment center and military police for the drafting of a protocol regarding the administrative offense and issuing a ruling for liability.

If a conscript has ignored the summons to the recruitment center twice, data will be entered into the Registry indicating that he is wanted.

For violating military accounting rules, individuals typically face a fine ranging from 17,000 to 25,500 UAH. If the fine is issued unlawfully, it can be contested by filing a complaint in court.

One can also go into hiding not only for failing to appear at the recruitment center or ignoring a summons. Delayed registration for military service and failure to update data are also grounds for administrative liability.

"If you encounter illegal mobilization, you have the right to report such circumstances to law enforcement authorities. It is also important to check whether the summons to the recruitment center and military police is properly formatted. Before visiting the recruitment center and military police, it is essential to clarify whether you are entitled to deferment," she added.

However, if there is no right to deferment and the conscript has been directed to the military medical commission, it is necessary to prepare all available medical documentation regarding the health status in advance.

The lawyer noted that most recruitment centers and military police require that information about the health status of the conscript or reservist be entered into the Helsi system.

"It should also be noted that if the existing health conditions of the individual were 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 Myroslava Mostova.