Did not come for the combat summons: court punished a man who considered himself a "burden for the Armed Forces"

The Hadyach District Court of Poltava region considered a case of evading military service during mobilization. Taking into account the circumstances of the case, the court released the man from serving the sentence with probation, setting a probation period of 1 year.

Circumstances of the case

According to the materials of proceeding No. 526/3850/24, in August 2024 the accused underwent a military medical commission, which recognized him as limitedly fit for service. On August 12, he personally received a combat summons under signature requiring him to appear on August 29 at 21:00 for further assignment to a military unit. At the appointed time, the man did not appear at the territorial recruitment center and did not inform about the reasons.

During the court hearing held on June 3, 2026, the accused fully admitted guilt and sincerely repented. He explained that since childhood he has been completely deaf in one ear and hears about one-third with the other. According to him, due to the absence of a disability group, the medical commission recognized him as fit, but he believes that due to his health condition he would not be able to effectively perceive commands and could become a "burden for the military."

The man also informed the court that he works as an electric gas welder at a critical infrastructure enterprise and has an official exemption from mobilization. Additionally, he regularly makes voluntary financial contributions to the needs of the Armed Forces of Ukraine, believing that he can be more useful at work than being a "burden for the military." During the case consideration, the court also recorded manifestations of the accused's congenital deafness.

Court decision

The court found the man guilty of committing a criminal offense under Article 336 of the Criminal Code of Ukraine and sentenced him to 3 years of imprisonment.

At the same time, when sentencing the accused, the court took into account that the committed criminal offense is a minor crime according to Article 12 of the Criminal Code of Ukraine, and the accused is positively characterized at his place of residence and work, has an adult child who studies and acquires a profession, works at a critical infrastructure facility, is exempted, has an independent income, has made and continues to make donations for the needs of the Armed Forces of Ukraine, has had a congenital defect of the right ear since childhood, diagnosed with conditions related to deafness, was recognized as limitedly fit for military service, is not registered with a psychiatrist or narcologist, therefore the court believes that the sentence should be imposed at the lower limit of the article's sanction.

At the same time, based on Article 75 of the Criminal Code of Ukraine, he was released from serving the sentence with a probation period of 1 year. During this period, the convicted person is obliged to periodically appear before probation authorities and report any change of residence or work.

As previously reported by Judicial and Legal Newspaper, the Second Administrative Court of Appeal confirmed the legality of the mobilization of a conscript who claimed that during the military medical commission the doctors practically did not examine him, did not allow him to provide medical documents, and without proper examination recognized him as fit for military service. The court concluded that the orders for conscription and enrollment in the military unit are derivative of the medical commission's decision on fitness, and since this decision remained valid and was not canceled or declared illegal, there are no grounds to cancel the respective orders.