Право громадянина на заміну виконання військового обов’язку альтернативною (невійськовою) службою: стан, проблеми реалізації в Україні в умовах війни

This article analyzes the current status and implementation challenges concerning a citizen’s right to perform alternative (non-military) service instead of military duty in Ukraine during wartime. The right of a citizen to substitute military service with alternative (non-military) service is recognized as a distinct human right, widely proclaimed in international human rights documents and in the legislation of democratic European states. This right is an integral component of an individual’s freedom of conscience and a vital institution within a democratic society. It is emphasized that universal and European international human rights instruments declare the right to alternative service not only for religious reasons but also based on other convictions, including political, ethical, moral, and philosophical beliefs. The European Court of Human Rights protects the rights of citizens who refuse to perform military duty based on these diverse convictions, not exclusively religious ones. Ukraine has adopted a number of significant legal acts that serve as normative guarantees for citizens’ right to substitute military service with alternative (non-military) service. Unfortunately, during the ongoing war in Ukraine, there is inconsistent legal practice regarding citizens’ exercise of the right to alternative (non-military) service, which leads to violations of their rights. The article formulates proposals for improving the mechanism for realizing a citizen’s right to alternative (non-military) service during wartime in Ukraine. It suggests clearly defining the normative provisions for citizens undergoing alternative service during a state of martial law in Ukraine, including the conditions and specific features of such service. Proposals are also formulated for amendments to the Constitution of Ukraine (Part 4, Article 35), the Law of Ukraine «On Alternative (Non-Military) Service» of December 12, 1991 (as amended by the Law of Ukraine of February 18, 1999), and the Law of Ukraine «On Freedom of Conscience and Religious Organizations» of April 23, 1991, all with the aim of improving the mechanisms for realizing a citizen’s right to substitute military duty with alternative (non-military) service.