Concept, essence and subjects of the constitutional right to alternative (non-military) service

Based on the analysis of a number of scientific positions and the regulatory framework in the area of granting a citizen the right to conscientious objection to military service, the article examines the problematic legal issues relating to the concept and essence of the constitutional right of a person and a citizen to alternative (non-military) service and the range of subjects of its exercise. The right to replace military service with alternative (non-military) service is considered in international and national legislation as a fundamental human right, the source of which is freedom of thought, conscience and religion. It provides any person with the right to be exempted from compulsory military service if it cannot be reconciled with the person’s religion or beliefs. Such a right is intended to facilitate the exercise by a citizen of freedom of thought, conscience and freedom of religion. Such a right is understood as the right of citizens, permitted and guaranteed by the laws of the State, in accordance with their beliefs and attitude to religion, to perform civilian service not involving the carrying and use of weapons instead of military service. The author emphasises that the right of citizens to replace military service with alternative (non-military) service is a possibility guaranteed by law and aimed at satisfying the religious beliefs of a citizen. That is, the right of a citizen to believe, think and act in accordance with his/her religion motivates his/her behaviour (feelings, emotions, will) based on religion, which determines his/her attitude to upholding his/her objection to military service on the basis of his/her religious beliefs and replacing it with civilian service, without which he/she will be deprived of the free opportunity to exist and develop normally, provided that he/she observes law and order. It is emphasised that the essence of the constitutional right of citizens to replace military service with alternative (non-military) service is the ability of a citizen to choose non-military service not under duress, but in accordance with his/her beliefs. This right is directly related to the exercise of freedom of thought, conscience and religion, which are fundamental human freedoms in a democratic state. The legal significance of the right to replace military service with alternative service in terms of the exercise of freedom of thought, freedom of conscience and freedom of religion means the right of citizens, permitted and guaranteed by the laws of the State, in accordance with their beliefs and attitude to religion, to perform civilian service which does not involve carrying and using weapons instead of military service. The study concludes that the subject of this right is not just any person, but a citizen of military age who, due to his or her beliefs, refuses to perform military service.