Refusal of military service for religious or moral reasons is an important right for citizens whose beliefs prohibit the use of weapons. In Ukraine, there is legislation that allows such individuals to undergo alternative service instead of military service. However, this process has its conditions, including belonging to recognized religious organizations that support pacifism. This article will examine how the mechanism of alternative service works, its legal aspects, practical difficulties that religious citizens may face, and changes after the start of martial law.
The right to alternative service and recognized religious organizations.
In Ukraine, the right to replace compulsory military service with alternative (non-military) service is guaranteed by the Constitution. According to Part 4 of Article 35 of the Basic Law, if the performance of military duty contradicts a citizen's religious beliefs, the performance of this duty must be replaced by alternative (non-military) service. To implement this right, the Law of Ukraine "On Alternative (Non-Military) Service" is in force, which stipulates that only those citizens who belong to religious organizations whose doctrine does not allow the use of weapons (a list of such organizations is approved by the Cabinet of Ministers) can use this opportunity. Otherwise (if the person does not belong to an officially recognized pacifist denomination), alternative service is not provided by law.
The list of religious organizations whose members have the right to refuse military service with weapons and undergo alternative service is exhaustive. According to Cabinet of Ministers Resolution No. 2066, it includes the following denominations:
- Reformed Adventists;
- Seventh-day Adventists;
- Evangelical Christians;
- Evangelical Christian Baptists;
- Penitents;
- Jehovah's Witnesses;
- Charismatic Christian Churches (and those equated to them);
- Christians of Evangelical Faith (and those equated to them);
- Christians of Evangelical Faith;
- International Society for Krishna Consciousness.
Thus, the right to alternative service is tied precisely to a person's belonging to the listed religious organizations whose doctrine prohibits taking up arms. Believers of other denominations are formally not subject to this law. In practice, representatives of Protestant denominations (Baptists, Pentecostals, Adventists) and Jehovah's Witnesses, i.e., those directly mentioned in the above list, most often exercise this right.
Mechanism for replacing military service in peacetime.
In peacetime, when citizens are conscripted for military service, the right to alternative service can be exercised according to the procedure provided by law. This procedure is designed to ensure that a believer undergoes non-military service for the benefit of society instead of conscripted service. The main steps are as follows:
- Submitting an application in advance of conscription. A citizen who is registered for military service and subject to conscription personally submits a written application for referral to alternative service to the local state administration at their place of residence. This must be done no later than 2 months before the start of the established conscription period.
- Substantiating religious beliefs with documents. The application is submitted in any form, but it must state why military duty cannot be performed due to religious beliefs and confirm the sincerity of these beliefs. Documents confirming this must be attached to the application — primarily a certificate from the religious community about belonging to it (an official letter from the church), as well as a copy of the education document and a certificate from the place of work or study.
- Review of the application by authorities. The relevant unit of the local state administration reviews the application within one month. The applicant may be invited to a commission meeting; if necessary, representatives of religious organizations or other specialists are involved to verify the citizen's belonging to the relevant religious organization and the truthfulness of their beliefs.
- Decision on referral to alternative service (or refusal). After reviewing the application, the state administration makes a decision — to satisfy the application or to refuse. Within 5 days, the decision is handed to the applicant in writing and sent to the military enlistment office where they are registered.
- Judicial practice shows that to avoid responsibility, the conscript must provide evidence of their religious beliefs, otherwise, refusal of service with weapons may be interpreted as evasion of conscription.
Application practice and precedents.
The practical application of the right to refuse military service for religious reasons is confirmed by a number of precedents in Ukraine. For example:
Successful example. In 2015, a believer, Pavlo Bakum, a parishioner of the Protestant church "New Generation," obtained the right to alternative service instead of mobilization through the court. He became the third believer who managed to judicially cancel conscription under partial mobilization due to religious beliefs. Earlier, similar lawsuits were satisfied by courts in Dnipropetrovsk and Rivne regions.
Negative example. In 2022, the Criminal Cassation Court of the Supreme Court, in case No. 344/12021/22, sided with the prosecution against an individual who refused mobilization without sufficient evidence of religious beliefs. The court noted that a believer must provide confirmation of their beliefs (membership in a relevant community, etc.), otherwise their actions are interpreted as draft evasion. In that case, the accused could not prove membership in a pacifist religious organization, and was therefore found guilty.Martial law and changes after 2022.
After the start of the full-scale war, the legal regulation of conscription underwent changes, which affected the possibility of alternative service. With the introduction of martial law, conscription was suspended, and the procedure for replacing military service with alternative service during mobilization is not legally prescribed. However, religious citizens retain the right to appeal to Article 35 of the Constitution. In practice, alternative service is implemented by transferring believers to non-combat service in the army or other structures.
Films that explore the theme of refusing military service due to religious and moral convictions.
- “Hacksaw Ridge” (2016). The story of Desmond Doss, a medic who refused to carry a weapon due to his faith (Seventh-day Adventist). He joined the army during World War II and saved 75 soldiers without firing a single shot. A true story. He received the Medal of Honor.
- “A Hidden Life” (2019) (dir. Terrence Malick). The dramatic story of Franz Jägerstätter, an Austrian farmer who refused to swear allegiance to Hitler due to his Catholic faith. Sentenced to death. A very profound film about faith, conscience, and the price of inner freedom.
- “The Conscientious Objector” (2004). A documentary about the same Desmond Doss (the hero of Hacksaw Ridge). Without pathos, with archives and interviews.
Spiritual responsibility in times of war.
At a time when our country is going through the trials of war, every Ukrainian faces a difficult choice: how to help, how to preserve oneself, how not to betray one's heart? For those who believe in God and profess love, mercy, and the commandment "Thou shalt not kill," this trial is special.
We appeal to religious people of all denominations who cannot take up arms due to religious convictions. The law of Ukraine allows you to apply for alternative (non-military) service — a legal form of fulfilling your duty to society that does not contradict your faith. You can serve the Motherland as medics, volunteers, rear-area workers, helping to save lives, not take them.
We also appeal to those who are seeking God in these dark times. If your conscience rebels against violence — this is not weakness. This may be a path to something deeper. You are not alone. There are churches, there are communities that support those who choose the path of peace, even in war. Your voice is important, your prayer is strong, your honesty is already service.
May this path be difficult — but it is true. And God sees everyone who is faithful to Him even when the world cries otherwise.
“Blessed are the peacemakers, for they shall be called children of God.”
Conclusion.
Ukrainian legislation provides for the possibility of alternative (non-military) service for citizens whose religious beliefs do not allow them to take up arms. In peacetime, there is a clear procedure for refusing conscription and being directed to alternative service, available to members of specified religious organizations. During martial law, no clear procedure has been established, but the constitutional right to alternative service remains in force. To exercise this right, it is important to declare your beliefs in a timely manner and provide proper documents confirming religious affiliation.
Sources: Constitution of Ukraine; Law of Ukraine “On Alternative (Non-Military) Service”; Law of Ukraine “On Mobilization Preparation and Mobilization”; Cabinet of Ministers Resolution No. 2066 (1999) with amendments; explanations from the Institute for Religious Freedom; Supreme Court case law; comments from lawyers, etc.