In the courts, “evaders” complain about injuries and the fact that they are forced to leave young children at home.
In Ukraine, after the full-scale invasion of Russian troops, several hundred Ukrainians from almost all regions of the country have already been convicted for evading mobilization.
However, as follows from the data of the Unified Register of Court Decisions, most often sentences are now pronounced in the west of Ukraine. In some of the verdicts, detailed details of the reasons for which a particular citizen decided to avoid mobilization were disclosed.
5 years in prison for evasion
For example, at the end of March in Mukachevo, Transcarpathian region, a court sentenced a father of two young children to 5 years in prison for refusing to be drafted.
IN objections it is noted that, in addition to two children, the man has a retired mother:
“The defendant, interrogated at the court session, admitted the guilt of committing a criminal offense under Article 336 of the Criminal Code of Ukraine in full, explained that, indeed, being liable for military service, he passed the commission of the Military Commission and was found fit. He refused in writing to be drafted into military servicesince he has two young children 6 years and 1.5 months old, at that time the woman was pregnant, in addition, his mother lives with him, who is a pensioner and is also supported by him.
As it turned out, the court took into account the sincere repentance of the accused and appointed him 3 years of probation. That is, he was given a suspended sentence.
Said he couldn’t kill and hate
In the Transcarpathian Regional Prosecutor’s Office, we were informed that there are hundreds of criminal proceedings in the region against evaders.
“From February 24, 2022, and as of the end of March 2023, 380 proceedings were registered in Transcarpathia under article 336 of the Criminal Code of Ukraine “Evasion of conscription for military service during mobilization.” The sanction of this article provides for imprisonment for a term of 3 to 5 years. During this period, more than 90 persons already have court sentences that have entered into force.Judges often issue decisions on “probation” for such persons, that is, imprisonment with a probationary period.This practice is common when a person has not been previously convicted and not prosecuted before. Otherwise, citizens are sentenced to a real measure of punishment,” the speaker of the prosecutor’s office, Kateryna Khizhnyak, told us.
To this she added: “But even here there are exceptions: for example, at the beginning of this week in the Tyachiv region, according to the arguments of the prosecutor of the Tyachiv district prosecutor’s office, a 40-year-old resident of the village of Bushtino was sentenced to 3 years in prison. Now this sentence has not yet entered into force and can be appealed on appeal. As the procedural prosecutor said, the accused was found fit for military service and was subject to conscription, the day before he successfully passed the military medical commission. He received a summons to be sent in August, but did not appear at the RTCC then. once again refused to receive the summons and wrote a statement of refusal to call for mobilization, because his views are contrary to taking up arms, killing and hating people. At the same time, the man did not report belonging to any religious organization professing refusal to serve in the army. At the court session, he complained that he reported health problems, which no one paid attention to when he underwent the IUD. At the same time, the man did not have any documents that would confirm such problems. It is also known that there were no appeals from this person to local medical institutions after receiving the summons in August 2022. Taking into account all the circumstances and the prosecutor’s position on the need to impose a real penalty, the Tyachivsky District Court decided to find the man guilty and sentence him to 3 years in prison.
Thought they wouldn’t take
At the end of January, the Manevytskyi Court of the Volyn Region sentenced a resident of the region, who suffered from the Chernobyl accident, who evaded mobilization, to three years in prison. As it turned out, the accused told the court that he had a disease, and, in addition, his brother was in captivity.
About the circumstances of the case court verdict the following is reported: “The defendant, interrogated at the court session, fully admitted his guilt in committing a criminal offense under Article 336 of the Criminal Code of Ukraine and said that he really received a summons to appear at the collection point on the same day at 16:00 on September 23, 2022 at 20.00 Before that, twice on other dates before this event, he was taken from the collection point, but after some time he was returned home due to his health condition, as he suffers from Raynaud’s syndrome (a disease of the nervous system – ed.). Therefore, he believed that this time he would be returned, and therefore decided not to come to the collection point at 20:00 on September 23, 2022. He also told the court that his brother is a soldier and is currently in captivity. He regrets what he has done, asks the court not to severely punish him and not to deprive him of his freedom.
At the same time, the court took into account the sincere repentance of the accused and appointed him one year of probation.
I did not believe in the injury of the hand
But at the end of last year, in the same, Manevitsky court, another defendant reported that he had evaded mobilization due to a hand injury, which he informed the duty officer of the RTCC (military registration and enlistment office – ed.).
“The accused, interrogated at the court session, admitted his guilt in committing a criminal offense under Article 336 of the Criminal Code of Ukraine in full and said that he did not want to enter the military service during the mobilization on 28.08.2022, as he had a hand injury, about which informed the duty officer of the RTCC SP, but his complaints about his state of health were not taken into account, so he deliberately did not arrive at the assembly point at the time specified in the agenda. He regrets what he did, asks the court not to severely punish, “the verdict says.
The court punished this man with three years in prison, but with a probationary period of 1 year.
Was under house arrest
As it turned out, among the accused “evaders” there are those who were placed under house arrest for the duration of the investigation. This case is discussed in the verdict of the Sosnovsky District Court of Cherkassy dated November 16 last year.
The verdict notes that the freight forwarder of one of the firms evaded mobilization after receiving the summons, signed for its delivery, but did not arrive at the place of conscription.
The court sentenced this evader to three years in prison, but with a two-year probationary period. That is, he was given a suspended sentence.
Complained about the conclusions of doctors
However, not all lawsuits against those who evade end with a suspended sentence.
At the beginning of this year, the Akhtyrsky City District Court sentenced to three years in prison a reserve officer evading mobilization. In addition, the court decided to arrest the accused in the courtroom.
About the details of the case, the verdict says that the accused did not admit his guilt, told the court that his knee hurt and he decided to be treated.
Also in court, the accused noted that, despite the fact that he had already completed his treatment, he still did not want to be sent to military service for mobilization, because he believed that the decision of the VMC was illegal, but did not appeal against its results.
Recall that it was previously reported that can patients with hypertension be mobilized.
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