Alternative (non-military) service in Ukraine and the Czech Republic: а сomparative study

The article examines the legal regulation of the institution of alternative (non-military) service in Ukraine and the Czech Republic, taking into account the conclusions of the Venice Commission on the standards of international law in this area. An analysis of the provisions of the current legislation of Ukraine is being carried out, taking into account the gap regarding the implementation of the right to alternative service during mobilization or martial law. In particular, attention is drawn to the limited scope of current national regulations, which reduces alternative (non-military) service to a replacement for compulsory military service and does not create conditions for its implementation during a special period, which significantly narrows the scope of guarantees of freedom of conscience. A comparative legal analysis was carried out with the legislation of the Czech Republic, which provides for the possibility of conscientious objection to military service, including during the legal regime of martial law, and provides for the obligation to perform work in the interests of the state as an alternative to military service. This approach is seen as an example of the legislative balance between freedom of conscience and the public interest of defending the state. The paper emphasizes that the possibility of exercising the right to alternative (non-military) service should not be excluded during a special period, and its actual absence in Ukrainian regulation contradicts generally recognized international standards. The feasibility of reforming national legislation by borrowing the best practices of European countries, in particular the Czech Republic, which ensures the real functioning of alternative (non-military) service as a legal form of conscientious objection to military service, is substantiated. The proposed model is based on the state’s non-interference in a person’s internal beliefs, but is instead aimed at creating an effective mechanism for involving them in fulfilling their duty to society, not in the form of military service, which corresponds to the principles of a democratic state governed by the rule of law. The conclusions drawn are of interdisciplinary significance, as they relate to both constitutional guarantees of human rights and the organization of the national security system, taking into account the need to maintain public order in times of crisis.