This article is authored by Dr. Olha Chernovol*
*Postdoctoral Fellow in the Droit civil section, Faculty of Law, University of Ottawa *Fellow and Member of the Scholar at Risk Program at uOttawa Human Rights Research and Education Centre *Member of Royal Society of Canada College of New Scholars, Artists and Scientists
Image: Ukrainian President Volodymyr Zelensky is shown at a ceremony in 2024 foregrounded by Ukrainian military personnel.
In the contemporary historical context of Ukraine, the notion of military duty increasingly extends beyond a mere legal obligation, it is also regarded as a significant expression of patriotism and civic identity. Within Ukraine's legal and constitutional framework, military service is acknowledged as an essential responsibility, closely linked to the broader concept of national obligations. This principle is codified in Article 65 of the Constitution of Ukraine, which stipulates that every citizen has a duty to defend the Motherland, maintain its independence and territorial integrity, uphold the state’s symbols, and fulfill military duty in accordance with legal requirements.
The legal framework governing military duty in Ukraine encompasses several critical laws, notwithstanding the provisions of the Constitution. These include the Defense Law, the Law on Ensuring the Participation of Civilians in the Defense of Ukraine, the Law on Military Duty and Military Service, and the Law on Alternative Service, along with various other regulations (the links take you to the original legislation in Ukrainian -- there are no English translations available at this time). Together, these laws outline the procedures for fulfilling military duty, specifying who is required to defend the state’s sovereignty and territorial integrity. For instance, article 17 of the Defense Law obliges medically fit male citizens of eligible age, as well as qualified female citizens, to perform military service, join the reserve, or fulfill other legally defined military duties. Following the full-scale Russian invasion in February 2022, Ukraine expanded this duty through the Law on Ensuring the Participation of Civilians in the Defense of Ukraine, legally requiring civilians to assist in national defense. Criminal and administrative liability is provided for failure to fulfill military duty in Ukraine.
Military duty in Ukraine is instituted to prepare citizens for the defense of the nation. This initiative is staffed by military personnel and encompasses several critical components. These components include the training of citizens for military roles and their registration for military service. The framework incorporates both voluntary enlistment through contractual agreements and mandatory conscription. Furthermore, military duty involves the completion of active service, participation in the military reserve, and the fulfillment of associated obligations in that reserve. Compliance with military registration regulations constitutes a vital aspect of this framework (Article 1 of Law on Military Duty and Military Service).
The lawmakers defined military service as a distinct form of public service that encompasses the professional activities of citizens of Ukraine, as well as foreigners and stateless individuals who are deemed physically and age-appropriate for such duties. This service pertains to the defense of Ukraine, its sovereignty, and territorial integrity. Additionally, the period of military service is recognized for citizens of Ukraine as contributing to their work experience, specialized professional experience, and civil service tenure(Article 2 of Law on Military Duty and Military Service).
A notable characteristic of military duty in Ukraine is the provision for an alternative (non-military) mode of its performance. Thus, in particular, in accordance with Article 2 of the Law on Alternative Service, citizens of Ukraine have the right to alternative service if the performance of military duty contradicts their religious beliefs and these citizens belong to religious organizations operating in accordance with the legislation of Ukraine, whose beliefs do not allow the use of weapons. Alternative services are typically fulfilled within enterprises, institutions, and organizations that are either state-owned or municipally owned. These services are engaged in activities that pertain to social protection, healthcare, environmental preservation, construction, housing and communal services, as well as agriculture.
However, while Ukraine’s legal framework governing military duty is well-defined, several critical issues require further refinement to ensure its fair and effective application. First, the constitutional language on military obligations would benefit from greater clarity and precision to align more closely with contemporary defense needs and reduce interpretive ambiguities. Equally important is the challenge of ensuring equal enforcement of military duties, particularly during periods of mobilization, where the risks of corruption and selective application of the law undermine public trust and the principle of civic equality. In addition, robust legal and social protections for veterans remain essential to facilitate their reintegration into civilian life, safeguard their dignity, and recognize their contributions to national defense.
Therefore, as Ukraine continues to defend its independence and work toward deeper legal reform, military duty must be understood and respected both as a right and a responsibility carefully balanced within the broader system of human rights and the rule of law.
