Court gave 3 years for evasion of mobilization: why care for father and another case did not help.

According to ТСН: The Lysyansk District Court of Cherkasy Oblast made a decision regarding a local resident who refused mobilization, citing an unfinished court process in another case and the need to care for his elderly father. Despite the defense's arguments, the man received a real prison sentence.

The court rendered its decision after a detailed examination of the case.

Defendant's Position

The defendant, a resident of Lysyanka, passed the military medical commission in June 2025 and was deemed fit for service. However, when he was attempted to be handed a summons at the TCK premises, the man refused to sign it.

He justified his refusal for two main reasons:

1. Care for Father: According to him, he is actually looking after his elderly dad.

2. Another Criminal Case: At the time of mobilization, another proceeding under Part 2 of Article 121 of the Criminal Code of Ukraine (intentional severe bodily harm) was being considered against him. He believed that he should not be mobilized until a verdict was issued for this crime.

What the Court Decided

The court took into account the arguments of the defendant but found them insufficient to exempt him from military duty:

• The judge emphasized that the presence of a care act is only a basis for applying for a deferment according to the established procedure. The man did not submit an official petition to the TCK and did not provide evidence of having obtained a deferment.

• Continuation of investigation or process is not a legal basis for evading mobilization. According to the CPC, in the event of the defendant’s summons, consideration of the case is suspended until his release from service.

Verdict

The court imposed the minimum penalty prescribed by Article 336 of the Criminal Code of Ukraine - 3 years of imprisonment.

This case underscores the importance of fulfilling military duty even in difficult life circumstances. The case illustrates how legislation regulates mobilization issues and grants the court the authority to make decisions based on actual circumstances and legal norms. As a result, it is important to adhere to legislation to avoid possible consequences.