Конституційне право громадян на заміну військової служби альтернативною (невійськовою) службою: актуальні проблеми реалізації

Alternative (non-military) service is an important right that ensures the realization of freedom of conscience and religion. In Ukraine, this issue is regulated by national legislation, which determines the procedure for alternative service for citizens whose religious or other beliefs do not allow them to participate in hostilities. However, despite the existence of legal norms, the implementation of this right in Ukraine has certain difficulties and shortcomings. From the first minutes of Russia’s full-scale war against Ukraine, priests and believers of various faiths have been selflessly serving in the rear, helping both the Armed Forces of Ukraine and territorial defense, as well as hundreds of thousands of internally displaced persons, civilians in front-line cities who need immediate evacuation, and those who remained in the cities and towns of Ukraine, despite constant shelling. This important humanitarian work should not stop due to the mobilization of key individuals in this process – leaders and ministers of churches and religious organizations. As well as believers those who, according to their religious beliefs, cannot defend Ukraine with weapons in their hands, but are ready to work desperately for victory as volunteers. The right to alternative service is an important aspect of ensuring freedom of conscience and religion. In many countries it is enshrined at the constitutional level, however, the mechanisms for its implementation may differ significantly. International organizations play a key role in protecting this right, contributing to the harmonization of national legislation with international standards and the introduction of effective mechanisms for its implementation. The article examines the issue of protecting the right to alternative (non-military) service by international organizations. Legal acts, decisions of international courts and the practice of international organizations in this area are analyzed. Particular attention is paid to the role of the UN, the Council of Europe, the European Court of Human Rights, the activities of the independent human rights organization Amnesty International and other international institutions in ensuring compliance with this right. The influence of civil society organizations and mechanisms for monitoring the implementation of international standards are also considered.