Alternative (non-military) service under the conditions of the state of martial
Year: 2025
Type: article
Abstract: The right to alternative non-military service is an important institution that guarantees the realization of freedom of conscience and belief in democratic states. It provides for the possibility of fulfilling a duty to the state in an alternative form for citizens whose religious, ethical or moral beliefs are incompatible with military service. This right is recognized both by international legal standards, such as the European Convention on Human Rights and the International Covenant on Civil and Political Rights, and by the legislation of many countries, including Ukraine. At the same time, its implementation in wartime poses new challenges for legal systems that require deep reflection. The state’s obligations to ensure defense capability and national security in a state of emergency extend to the protection of sovereignty and territorial integrity. In such conditions, the mobilization of all available resources, including human potential, is vital. At the same time, a democratic state cannot ignore fundamental human rights, even during periods of armed conflict. This creates a complex legal and moral balance between protecting individual rights and ensuring the interests of society. The article examines the Ukrainian state, which, being in a state of armed aggression, faced a number of issues regarding the legal regulation of alternative non-military service. National legislation formally recognizes the right to such service, in particular in the Constitution of Ukraine and the Law “On Alternative (Non-Military) Service”. However, during martial law, its implementation faces certain restrictions and practical problems that relate to both legal regulation and application mechanisms. For example, the question of the possibility of performing alternative service during mobilization still causes significant debate in society and among lawyers. Of particular importance is the issue of compliance of Ukrainian legislation with international standards in this area. Organizations such as the Council of Europe and the UN emphasize that the right to alternative service must be guaranteed even during armed conflict, since it is an integral part of freedom of thought, conscience and religion. At the same time, national governments often justify restrictions on this right in times of war by the urgent need for military personnel.
Authors: I. S. Pyroha, M. V. Bielova, V. I. Fridmanska
Institution: Uzhhorod National University
Language: English
Topic: War, Law, and Justice
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408943763