Council of Europe calls on Ukraine to allow alternative service for believers during war
The European Commission against Racism and Intolerance (ECRI) has called on the Ukrainian authorities to allow alternative non-military service for believers during wartime, a new report by the monitoring body states. The Council of Europe has welcomed Ukraine’s commitment to adopt a relevant law.
The report covers the period from June 2017 to March 2026 and is the result of a visit by monitors to Ukraine in September 2025. One of the issues addressed by the European Commission against Racism and Intolerance is how the obligation to perform military service affects certain religious minorities.
The commission acknowledges the complex situation in Ukraine caused by Russia’s full-scale invasion. At the same time, ECRI shares the concerns expressed by a number of civil society organisations, Ukraine’s ombudsman and the Office of the UN High Commissioner for Human Rights regarding how the current mobilisation procedure, which excludes conscientious objection to military service, affects religious communities or their individual members. Some believers refuse military service but are prepared to undergo alternative civilian service.
The report cites data from the European Association of Jehovah’s Witnesses showing that between January 2022 and December 2025, 967 criminal proceedings were opened under Article 336 of the Criminal Code of Ukraine (evasion of conscription for military service during mobilisation), which carries a penalty of up to five years’ imprisonment.
“The commission also learned that 345 of these cases were referred to courts, and first-instance courts delivered verdicts in 47 cases,” the report states.
Firstly, 13 criminal proceedings were also opened against Jehovah’s Witnesses under Article 402 of the Criminal Code of Ukraine (“disobedience or refusal to obey a military order”) and 44 criminal cases under Article 407 (“absence without leave from a military unit or place of service”), which carries a penalty of up to 10 years’ imprisonment. As of December 2025, one believer from the Jehovah’s Witnesses organisation was held in custody or serving a prison sentence, with another seven cases pending in court.
In October 2025, the Supreme Court ruled that Ukrainian legislation does not provide for exemption from compulsory military service during mobilisation on the grounds of conscientious objection. At the same time, the court determined that mobilisation does not deprive a person of the right to refuse to carry or use weapons and to perform only non-combat military duties.
The Constitutional Court of Ukraine is considering complaints against current restrictions on the right to conscientious objection to military service under martial law and criminal penalties for refusing service on these grounds.
ECRI draws the Ukrainian authorities’ attention to the conclusions of the Council of Europe’s Venice Commission regarding alternative (non-military) service, provided at the request of the Constitutional Court.
The Venice Commission concluded that, although states have a limited margin of appreciation during general mobilisation, the very nature of the right to conscientious objection to military service means that it cannot be completely excluded even in time of war.
Therefore, the commission calls on the authorities to hold consultations with Jehovah’s Witnesses and other religious communities to address their concerns regarding the right to conscientious objection to military service. It also calls on them to ensure the possibility of performing alternative non-military service, through which representatives of these communities could support Ukraine during wartime.
ECRI welcomes the authorities’ commitment to draft and adopt a law that will guarantee the right to perform alternative service during martial law, the document notes.
The drafting and adoption of a law on the right to alternative service during martial law is included in the Roadmap on the Rule of Law for EU accession. The deadline set for this measure is the second quarter of 2026.
ZMINA previously reported that the Supreme Court recognised that during wartime, one cannot refuse conscription during mobilisation on religious grounds. However, believers have the right to serve without weapons.
In its 2025 enlargement report, the European Commission indicated that Ukraine needed to establish safeguards to protect individuals from criminal prosecution if they refuse military service on religious grounds, in light of the Venice Commission’s March 2025 amicus curiae brief.
