Віросповідання, як можливий спосіб ухилення від мобілізації в Україні

The article examines the problem of exercising the right to freedom of religion in the context of mobilization and martial law in Ukraine, particularly in the context of bringing to criminal responsibility persons whose religious beliefs make it impossible for them to perform military service. The provisions of international legal acts, the Constitution of Ukraine, national legislation, as well as the practice of the European Court of Human Rights and the Supreme Court of Ukraine regarding conscientious objection to military service are analyzed. Particular attention is paid to the criminal law characteristics of evading conscription during mobilization, in particular, the definition of the object, objective and subjective aspects of the offense, as well as the specific subject of the criminal offense. The social danger of evading mobilization in conditions of armed aggression is revealed, and the priority of ensuring the state’s defense capability as one of the key constitutional values is justified. The paper highlights the peculiarities of legal regulation of alternative (non-military) service in Ukraine and analyzes the consequences of legislative changes in 2024, which led to the actual lack of regulation of the mechanism for exercising this right both in peacetime and during martial law. It examines court practice regarding refusal to mobilize on religious grounds, in particular the current legal positions of the Supreme Court, which indicate that military service cannot be replaced by alternative service during mobilization. International regulatory and legal acts, Ukrainian legislation, and judicial practice have been analyzed in terms of resolving the issue of bringing persons to criminal responsibility for evading conscription during mobilization if they had religious beliefs that made it impossible for them to perform military service. It was concluded that there is a legal conflict between the duty to defend the homeland and guarantees of freedom of conscience, and that legislation needs to be improved in line with international standards and the recommendations of the Ukrainian Ombudsman in order to achieve a fair balance between the interests of the state and human rights.