House Arrest Offers No Protection from Military Draft: A Guide for Those Detained.

Mobilization of Citizens Under Investigation

According to Novyny.live: Ukrainian citizens who are under criminal investigation and subject to house arrest as a pre-trial measure are legally exempt from being drafted into the Armed Forces of Ukraine (AFU). This issue gained attention following a case where an individual in this situation was mobilized, despite requiring hospital treatment for a health condition. Legal experts have clarified the correct course of action for such scenarios. This situation highlights the complex legal challenges arising from Ukraine's ongoing state of martial law and mobilization efforts.

According to paragraph 4 of Cabinet of Ministers Resolution No. 560, suspects or accused persons subject to pre-trial measures other than detention are not eligible for conscription. However, despite this regulation, there have been instances of individuals under investigation being mobilized. As lawyer Yuriy Aivazian explained:

“You should not have been mobilized because paragraph 4 of CMU Resolution No. 560 states that suspects or accused persons, to whom a pre-trial measure other than detention has been applied, are not subject to conscription.”

Steps to Take if Mobilized

If a person does not return to their military unit from a hospital, they will likely be placed on a list for dismissal from military service. “If you do not return to the military unit from the hospital now, you will most likely be put on the SZCh list,” Aivazian noted.

In the event of an unlawful mobilization, a citizen has the right to appeal the decision in court. The lawyer emphasized:

“You can go to court and appeal the illegal mobilization. Whether such an appeal will grant you the opportunity to be discharged is a question, considering the latest decision of the Supreme Court, but it is worth trying.”

He also advised submitting written statements to the following bodies:

• The National Police of Ukraine,
• The State Bureau of Investigation,
• The High Council of Justice.

Therefore, citizens under investigation and subject to house arrest must be aware of their rights and options in case of mobilization. This underscores the critical importance of adhering to legal norms during conscription, especially in wartime. The interplay between pre-trial restrictions and military service obligations creates significant legal hurdles for those facing charges.