Resident of Cherkasy region evaded mobilisation and received a court sentence

Resident of Cherkasy region evaded mobilisation and received a court sentence

A conscript from the Cherkasy region received three years in prison for evading conscription for military service during mobilization. The accused called contract service “slavery” and also said that he “has nothing to fight for in the Donbas.”

According to the case materials contained in the court registry , in March last year the man passed a military medical commission, which declared him fit for service. After this, representatives of the TRC wanted to give him a combat summons, which provided for being sent to the army, but she did not accept it and did not appear on a certain date.

In court, the accused partially admitted his guilt. He explained that he considered himself unfit for military service due to health reasons. According to him, this is “confirmed by the first conclusion of the MMC.” He called the second conclusion falsified, since the doctor “made the diagnosis under pressure, without taking into account the results of medical examinations.”

The conscript stated that he had been suffering from mesatamponitis (a chronic inflammatory process in the middle ear) since the age of 28 and provided relevant hospital extracts. However, MMC’s final report indicated that his hearing had improved.

In court, the accused questioned the legality of the functioning of regional territorial recruitment and social support centers (TRC and SS). They say that in the unified register “there is no information about these institutions.” He also called contract military service “slavery.”

In addition, the man expressed skepticism about the introduction of martial law in the country, since, in his opinion, everyone, without exception, should be drafted into the ranks of the Armed Forces of Ukraine, but now they are “soliciting selectively.” He explained that he allegedly does not understand why healthy people should die, and added that he “has nothing to fight for in the Donetsk region.”

Themis interrogated a number of witnesses. Among them were members of the MMC, who confirmed: they provided the accused with a month’s respite so that he could receive treatment; a repeat examination was carried out, which showed that the disease was not progressing; Chronic illness of the accused does not affect his fitness for military service.

The TRC employee who was summoned to court noted that the accused was given time (several months) to resolve his everyday affairs related to housekeeping, but he did not take advantage of it. As a result, the court found the man guilty of committing a criminal offense under Art. 336 of the country’s Criminal Code and punished him with three years in prison.

“Taking into account the motives for the behavior and taking into account the fact that during martial law during general mobilization, the accused deliberately and consciously neglects his constitutional duty to defend the Motherland, questions the country’s being in a state of war, claims that there are no reasons to defend the country, the court came to the conclusion that it is necessary to choose a preventive measure in the form of detention until the verdict enters into legal force,” the verdict says.