Ukraine's Mobilization Law: Criminal Penalties for Refusing to Serve

Last updated: 5 October 2026

Photo: The latest road warrior and a young Ukrainian defender Roman Ilyashenko_18 - EU-Ukraine Cooperation

Ukraine's mobilization law has produced one of the most extensive conscription regimes in modern Europe. Following the February 2022 Russian invasion, Ukraine declared martial law and activated the Law on Mobilisation Preparation and Mobilisation (1993). Furthermore, in May 2024, the Verkhovna Rada passed major amendments that lowered the conscription age, expanded electronic registration, and tightened criminal penalties for evasion. As a result, refusal to serve carries criminal liability under Article 336 of the Ukrainian Criminal Code — fines, restriction of liberty, and up to five years' imprisonment. This article maps the Ukraine mobilization law framework and its implications for asylum claims.[1]

For wider context, see the Ukraine country report and the article on Ukraine TCC conscription.

The Legal Foundation

Ukraine's mobilization framework rests on several layers. The Constitution of Ukraine establishes the obligation of military service. The Law on Military Duty and Military Service (1992) sets out the basic conscription regime. The Law on Mobilisation Preparation and Mobilisation (1993) governs mobilisation in wartime. Furthermore, the Law on the Legal Regime of Martial Law (2015) establishes the framework that has been in force continuously since 24 February 2022.[2]

The May 2024 amendments

The Law of Ukraine on Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilisation and Military Registration was signed into law on 16 April 2024 and entered into force on 18 May 2024. The amendments produced several major changes. Conscription age lowered from 27 to 25. Electronic registration through the Reserve+ system became mandatory. Furthermore, fines for non-compliance were significantly increased; new restrictions on banking, driving, and travel were introduced for those out of compliance.

Article 336: Criminal Liability for Evasion

Article 336 of the Ukrainian Criminal Code criminalises evasion of conscription during mobilisation. The provision states that "evasion of conscription during mobilisation, in a special period" is punishable by restriction of liberty for up to three years or imprisonment for the same term. Furthermore, where the offence is committed during a state of war, the penalty increases to imprisonment for up to five years.[3]

Article 337: Evasion of military registration

Article 337 criminalises evasion of military registration during a special period. The offence is punishable by restriction of liberty for up to three years. Furthermore, the May 2024 amendments increased penalties significantly for related administrative offences, including fines from UAH 17,000 to UAH 25,500 for failure to update registration on time.

Article 335: Evasion of regular military service

Article 335 of the Criminal Code applies to evasion of conscription outside the special period. Penalties are lower than under Articles 336-337. As a result, prosecutors have largely relied on Articles 336 and 337 since the 2022 invasion.

New Restrictions Under May 2024 Law

The May 2024 amendments introduced several new administrative restrictions targeting men out of compliance with mobilisation registration. These restrictions operate alongside criminal liability and apply automatically. Furthermore, the restrictions create indirect pressure on registration far beyond the criminal code provisions.[4]

• Driving licence restrictions: Suspension of driving licence for non-compliance with summons.
• Bank account restrictions: Possible freezing of accounts.
• Travel restrictions: Border crossing prohibited for non-compliant individuals.
• Notarial restrictions: Inability to conduct notarial transactions.
• Property transactions: Restrictions on real estate transactions.
• Reserve+ requirement: Electronic registration mandatory for all men aged 25-60.

The Reserve+ Electronic Registration System

The Reserve+ system is the digital component of the May 2024 amendments. All Ukrainian men aged 25-60 must register in Reserve+ within 60 days of receiving notification. Furthermore, the system automatically generates updates to military registration, links banking and notarial systems, and supports digital summonsing. As a result, registration is no longer optional or negotiable for men in Ukraine — and the system reaches even Ukrainians abroad through digital identity infrastructure.[5]

Ukraine's mobilisation law produces one of the most legally intensive conscription regimes in contemporary Europe. The combination of criminal liability, administrative restrictions, and digital surveillance creates compulsion at multiple levels.
UN Independent International Commission of Inquiry on Ukraine, Update Report (2024)

Who Is Affected

The Ukraine mobilization law primarily affects:[6]

• Men aged 25-60 (after May 2024 reduction from 27).
• Men with previous military experience (more vulnerable to early call-up).
• Men with technical or specialist skills (engineering, medical, IT).
• Reservists from prior conscription.
• Men out of registered employment in qualified categories.

Limited statutory exemptions

Ukrainian law recognises limited categories of exemption: medical unfitness; sole carer of three or more minor children; sole carer of a disabled child; sole carer of a disabled spouse, parent, or sibling; some categories of essential workers; and pre-existing convictions for serious offences. Furthermore, the May 2024 amendments tightened many exemption categories. For detailed analysis, see the related article on Ukraine mobilization exceptions.

Asylum Implications

Ukrainian conscription evader claims engage UNHCR's 2013 Guidelines on military service. The framework recognises several distinct grounds for refugee protection arising from conscription contexts.[7]

The Krotov framework

UK case law in Krotov v Secretary of State for the Home Department [2004] EWCA Civ 69 established that conscription where the conscript would participate in violations of international humanitarian law can constitute persecution. Furthermore, the European Court of Human Rights' jurisprudence on conscientious objection (Bayatyan v Armenia, 2011) supports related arguments.

Profile considerations

Conclusion

Ukraine's mobilization law produces criminal liability for refusal to serve under Article 336 of the Criminal Code, with fines, restriction of liberty, and up to five years' imprisonment. Furthermore, the May 2024 amendments introduced administrative restrictions (driving, banking, travel) that operate alongside the criminal regime. Therefore, Ukrainian asylum claims involving conscription evasion engage well-established Convention grounds where the deployment context implicates IHL or where the claimant can establish conscientious objection. To commission a Ukraine expert report, use the find expert witness service. For broader context, see the country reports section.