In Ivano-Frankivsk region, a man with a third group disability did not appear for a summons to the TRSSC – how the court punished him

A military liable person with a third group disability was accused of committing a criminal offense under Article 336 of the Criminal Code – evasion of conscription for military service during mobilization, in a special period.

Case circumstances

On July 15, 2024, the accused arrived at the Territorial Recruitment and Social Support Center in accordance with part one of Article 37 of the Law of Ukraine "On Military Duty and Military Service." On the same day, he underwent a military medical commission and, according to the Military Medical Commission certificate No. 131/21/870 dated 15.07.2024, was recognized as fit for service in military support units during general mobilization in the Armed Forces of Ukraine.

On November 6, 2024, the accused was notified and the content of the summons was explained to him to appear at 3:00 PM that day at the Territorial Recruitment and Social Support Center for deployment to a military unit. Acting intentionally, knowing the conclusion of the military medical commission, the accused refused to receive the summons and left the premises of the Territorial Recruitment and Social Support Center. The staff of the Territorial Recruitment and Social Support Center drew up an act of refusal to receive the summons.

Having been warned about the deadline and the necessity to appear, the accused did not arrive at 3:00 PM on November 6, 2024, for deployment to the military unit, thereby evading conscription for military service during mobilization, in a special period.

At the court hearing, the accused initially did not admit guilt but later fully admitted to committing the criminal offense under Article 336 of the Criminal Code of Ukraine, under the circumstances set out in the indictment. He explained that he acted wrongly, currently has a third group disability and a deferment from mobilization, repents for what he did, and asked not to impose actual imprisonment. The accused also noted that he was previously sent to military units but was sent back home due to his health condition.

The guilt of the accused is confirmed by the testimony of witnesses – employees of the Territorial Recruitment and Social Support Center, who confirmed the fact of announcing the summons, explaining the consequences of non-compliance, and the accused's refusal to receive the summons, as well as written evidence: the act of refusal to receive the summons, the report, the summons without the accused's signature, the nominal list for deployment, the military medical commission certificate, the examination card, and the military ID.

What the court decided

The Horodenka District Court of Ivano-Frankivsk region in case No. 342/1484/24 passed a verdict recognizing the accused guilty of committing a criminal offense under Article 336 of the Criminal Code of Ukraine.

The court sentenced the accused to imprisonment for a term of 3 years.

Based on Article 75 of the Criminal Code of Ukraine, the accused was released from serving the sentence with probation, establishing a probation period of 1 year and 6 months.

According to Article 76 of the Criminal Code of Ukraine, the convicted person was imposed the following obligations: to periodically appear for registration to the authorized probation authority; to notify the authorized probation authority about changes in residence, work, or study; not to leave Ukraine without the consent of the authorized probation authority; to comply with the measures provided by the probation program.

The court took into account the severity of the committed minor crime, the personality of the accused, who has no previous convictions, is positively characterized, has a third group disability, sincere repentance, and active assistance in revealing the offense as mitigating circumstances. No aggravating circumstances were established. The court concluded that such a sentence is necessary and sufficient for the correction of the convicted person and prevention of new criminal offenses.

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