Alternative Service on Grounds of Conscientious Objection: International Standards, Judicial Practice, and Regulatory Challenges in Ukraine

This article examines the issue of conscientious objection to military service and the institution of alternative (non-military) service as a means of fulfilling civic obligations to the state.The study highlights that the challenges surrounding alternative service in Ukraine have persisted for decades and remain highly relevant today.It analyzes constitutional requirements, international treaties, and the legislative deficiencies that currently prevent access to alternative service during martial law, and, following the 2024 amendments, even in times of peace.Particular attention is given to the judicial practice of general jurisdiction courts since 2014, with a focus on the evolving jurisprudence of the Supreme Court after the onset of the full-scale russian invasion in 2022.

Authors

Publication Details

Journal
Ukrainian Journal of Constitutional Law
Published
2025-01-01
DOI
https://doi.org/10.30970/jcl.1.2025.5
Citations
1
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
Field-Weighted Citation Impact
8.52
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article

Alternative Service on Grounds of Conscientious Objection: International Standards, Judicial Practice, and Regulatory Challenges in Ukraine

O.A. Kovtunenko, Б.С. Мохончук
1 citations
Ukrainian Journal of Constitutional Law
Ukrainian Legal and Forensic Studies
8.52
article

Alternative Service on Grounds of Conscientious Objection: International Standards, Judicial Practice, and Regulatory Challenges in Ukraine

O.A. Kovtunenko, Б.С. Мохончук
article en
1 citations

Abstract

This article examines the issue of conscientious objection to military service and the institution of alternative (non-military) service as a means of fulfilling civic obligations to the state.The study highlights that the challenges surrounding alternative service in Ukraine have persisted for decades and remain highly relevant today.It analyzes constitutional requirements, international treaties, and the legislative deficiencies that currently prevent access to alternative service during martial law, and, following the 2024 amendments, even in times of peace.Particular attention is given to the judicial practice of general jurisdiction courts since 2014, with a focus on the evolving jurisprudence of the Supreme Court after the onset of the full-scale russian invasion in 2022.

Ukrainian Journal of Constitutional LawVol. 1
Peace, Justice and strong institutions
Openalex Percentile: Top 4%
Ukrainian Legal and Forensic Studies
8.52
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