Ukraine: Military service, including information on military service notices, who issues them, their contents, and physical characteristics; whether notices have a warning regarding refusal or evasion of military service; information on penalties for refusing or evading military service (2014- May 2015)
1. Military Service Notices
Article 1 of the Law of Ukraine "On Military Duty and Military Service" indicates that the "[d]efence of the Motherland, the independence and territorial integrity of Ukraine is the Constitutional duty of citizens of Ukraine" (Ukraine 1992, Art. 1). The law refers to a military service notice as a "call-up paper" (ibid., Art. 14(6)). Call-up papers are issued by the city (regional) military commissariats (ibid., Art. 15(8)). Article 14(6) of the same law states that "[i]n order to register with an enlistment office, citizens of Ukraine are obliged to report in person to a military regional (city) commissariat by a date specified in call-up papers and present necessary documents, a list of which is established by the Ministry of Defence of Ukraine" (ibid.). Information about the types of documents required could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
In correspondence with the Research Directorate, a senior program officer for Europe and Eurasia at the National Endowment for Democracy (NED), a US-based private non-profit foundation "dedicated to the growth and strengthening of democratic institutions" globally (NED n.d.), said that notices for compulsory military service in Ukraine take the form of a piece of paper, instructing citizens to go to the commissariat for further instructions and to undergo a medical check-up (ibid. 20 May 2015). The same source further indicated that the notices are hand-delivered and require the signature of the recipient (ibid.). She noted that, as is the case with all official Ukrainian documents, the military service notice "almost certainly has a seal/stamp" (ibid.). Corroborating information could not be found among sources consulted by the Research Directorate within the time constraints of this Response.
Further information on the characteristics and contents of call-up papers, as well as whether or not they are consistent between regions, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
2. Penalties for Military Service Evasion
Chapter XIX of Ukraine's Criminal Code entitled "Criminal Offenses Against the Established Procedure of Military Service (Military Offenses)," provides the following information regarding penalties for desertion and military evasion:
Article 408. Desertion
- Desertion, that is the absence from a military unit or place of duty without leave for the purpose of avoiding the military service, or failure to report for duty upon appointment or reassignment, after a detached service, vacation or treatment in a medical facility for the same purpose, -
shall be punishable by imprisonment for a term of two to five years.
- Desertion with weapons or of a group of persons upon their prior conspiracy, -
shall be punishable by imprisonment for a term of five to ten years.
- Any such act as provided for by paragraph 1 or 2 of this Article, if committed in state of martial law or in a battle, -
shall be punishable by imprisonment for a term of five to twelve years.
Article 409. Evasion of military service by way of self-maiming or otherwise
- Evasion of military service by a military serviceman by way of self-maiming or malingering, or forgery of documents, or any other deceit, -
shall be punishable by custody in a penal battalion for a term up to two years, or imprisonment for the same term.
- Refusal to comply with the duties of military service, -
shall be punishable by imprisonment for a term of two to five years.
- Any such acts as provided for by paragraph 1 or 2, if committed in state of martial law or in a battle, -
shall be punishable by imprisonment for a term of five to ten years. (Ukraine 2001, Art. 408-409)
The Senior Program Officer at NED indicated that military service notices contain a warning regarding refusal or evasion of military service (20 May 2015). Further and corroborating information could not be found among sources consulted by the Research Directorate within the time constraints of this Response.
Sources report that in February 2015, Ukraine's parliament passed a law authorizing commanding officers to "use physical force against army defectors" (GlobalSecurity.org 20 Mar. 2015; RT 5 Feb. 2015). Sources note that the new provision, Article 22(1), which was added to the charter regulating military service in the Ukraine, states that "commanders 'have the right to personally use physical force, special means, and weapons when in combat' against soldiers who commit 'criminal acts'" (ibid.; GlobalSecurity.org 20 Mar. 2015). Further information on Article 22(1) could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
For further information on military service in Ukraine, see the full text of the Law of Ukraine "On Military Duty and Military Service" attached to this Response to Information Request.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
GlobalSecurity.org. 20 March 2015. "Ukrainian Military Personnel." <http://www.globalsecurity.org/military/world/ukraine/personnel.htm> [Accessed 22 May 2015]
National Endowment for Democracy (NED). 20 May 2015. Correspondence from a senior program officer for Europe and Eurasia to the Research Directorate.
_____. N.d. "Home Page." <http://www.ned.org/> [Accessed 22 May 2015]
Russia Today (RT). 5 February 2015. "Ukrainian Parliament Passes Law Allowing Army Deserters to Be Shot." <http://rt.com/news/229739-ukraine-army-shoot-defectors/> [Accessed 22 May 2015]
Ukraine. 2001 (Amended 2010). Criminal Code of Ukraine. <http://legislationline.org/documents/action/popup/id/16257/preview> [Accessed 22 May 2015]
_____. 1992 (Amended 2013). Law of Ukraine "On Military Duty and Military Service." In The Security Sector Legislation of Ukraine: Second Edition, by Center for Army, Conversion and Disarmament Studies and Geneva Centre for the Democratic Control of Armed Forces, 2013. <http://www.dcaf.ch/Publications/The-Security-Sector-Legislation-of-Ukraine2> [Accessed 22 May 2015]
Additional Sources Consulted
Oral sources: The following were unable to provide information for this Response: Ukraine – Consulate General in New York City, Embassy of Ukraine in Ottawa, Embassy of Ukraine in the Netherlands, Embassy of Ukraine in Washington, D.C.; associate fellow, Centre for Global Studies, University of Victoria; associate professor, Department of Political Science, Carleton University; chancellor professor, Institute of European, Russian, and Eurasian Studies, Carleton University.
The following were unable to provide information within the time constraints of this Response: Deputy Director Ukraine, American Bar Association Rule of Law Inititative.
Attempts to contact the following were unsuccessful within the time constraints of this Response: assistant professor, Center for International and Comparative Law, Saint Louis University School of Law; associate professor, McGill University; Belzberg Professor of Conflict Management, Department of Political Science, University of Toronto; Canadian International Council; Chair, Ukrainian Studies, University of Ottawa; Director, Prairie Centre for the Study of Ukrainian Heritage, St. Thomas More College/University of Saskatchewan; Institute of World Policy; Organization for Security and Co-Operation in Europe.
Internet sites, including: Bloomberg Business; Council on Foreign Relations; ecoi.net; Factiva; Foreign Policy; Free Republic; Global Research News; Infowars; Institute for War and Peace Reporting; International Committee on the Red Cross; International Crisis Group; The Jamestown Foundation; The Moscow Times; People's Voice; Reuters; Radio Free Europe/Radio Liberty; Ron Paul Institute for Peace and Prosperity; SPUTNIK Online Media; Ukraine – Embassy in Ottawa, Embassy in Washington, DC; UN – Refworld; US – Central Intelligence Agency; War Resisters International.
Attachment
Ukraine. 1992 (Amended 2013). Law of Ukraine "On Military Duty and Military Service." In The Security Sector Legislation of Ukraine: Second Edition, by Center for Army, Conversion and Disarmament Studies and Geneva Centre for the Democratic Control of Armed Forces, 2013.