Mobilisation law status of the clergy under the martial law legal regime in Ukraine

This article analyses the mobilisation law status of the clergy in Ukraine during the period of martial law. In the fourth year of the full-scale war in Ukraine, the regulatory framework that defines the procedure for the fulfilment of military duty by clergy is still being developed. However, at present, depending on age, health status, affiliation with specific religious organisations, education and personal desire, the mobilisation status of different members of the clergy may vary. Therefore, based on common characteristics, this article identifies several areas for the implementation of such mobilisation status. These include alternative (non-military) service for clergy belonging to religious organisations whose beliefs prohibit the use of weapons, chaplaincy service, issuing of clergy reservation and basic military training for students at higher educational institutions established by religious organisations. In addition to academic sources, this study also examines normative acts, individual decisions of the European Court of Human Rights and national courts, the amicus curiae brief by the Venice Commission and information from statistical sources and mass media.

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Publication Details

Journal
Studia z Prawa Wyznaniowego
Published
2025-12-22
DOI
https://doi.org/10.31743/spw.18848
Primary Topic
War, Law, and Justice
Type
article
Field-Weighted Citation Impact
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article

Mobilisation law status of the clergy under the martial law legal regime in Ukraine

Tetyana Karabin, Oleksandr Bilash
Studia z Prawa Wyznaniowego
War, Law, and Justice
article

Mobilisation law status of the clergy under the martial law legal regime in Ukraine

Tetyana Karabin, Oleksandr Bilash
article en

Abstract

This article analyses the mobilisation law status of the clergy in Ukraine during the period of martial law. In the fourth year of the full-scale war in Ukraine, the regulatory framework that defines the procedure for the fulfilment of military duty by clergy is still being developed. However, at present, depending on age, health status, affiliation with specific religious organisations, education and personal desire, the mobilisation status of different members of the clergy may vary. Therefore, based on common characteristics, this article identifies several areas for the implementation of such mobilisation status. These include alternative (non-military) service for clergy belonging to religious organisations whose beliefs prohibit the use of weapons, chaplaincy service, issuing of clergy reservation and basic military training for students at higher educational institutions established by religious organisations. In addition to academic sources, this study also examines normative acts, individual decisions of the European Court of Human Rights and national courts, the amicus curiae brief by the Venice Commission and information from statistical sources and mass media.

Studia z Prawa WyznaniowegoVol. 28
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Openalex Percentile: Top 22%
War, Law, and Justice
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Mobilisation law status of the clergy under the martial law legal regime in Ukraine — Tetyana Karabin, Oleksandr Bilash · Studia z Prawa Wyznaniowego (2025) | TGRS Research Map | TGRS