Ukraine reaffirmed the right to alternative civilian service during mobilization

The Ukrainian Supreme Specialized Court once again confirmed the right of citizens to replace military service with alternative civilian service, even during the period of mobilization and hostilities. An important decision was made in the case of Vitaliy Shalaiko, who is one of more than 140,000 Jehovah's Witnesses living in this country.

Like most of his fellow believers, after receiving a summons for mobilization, Shalaiko asked to be given the opportunity to perform alternative civilian service. This right is guaranteed by the Constitution of Ukraine, and two courts, including an appellate court, have confirmed that it applies to citizens even despite the ongoing military operation in the east of the country at that time.

Later, the prosecutor appealed the decision of these courts to the Supreme Specialized Court of Ukraine, but on June 23, 2015, this court confirmed the decisions of the lower courts, citing the Convention for the Protection of Human Rights and precedents in the European Court of Human Rights.

This important court decision concerns not only Vitaliy Shalaiko, but any believers who have found themselves or may find themselves in a similar situation. Recently, thousands of Ukrainians have faced this, some of them have been prosecuted under criminal articles.

And now the high judicial body confirmed that the constitutional right of citizens to replace military service with alternative civilian service on the basis of religious beliefs cannot be canceled even during hostilities and military mobilization, and such a right cannot be interpreted as a threat to the security of the country. The decision of the court is not subject to appeal.