The Head of the Constitutional Court of Ukraine has requested the Venice Commission to provide an advisory opinion on alternative (non-military) service. The request was sent by letter dated December 4, 2024, as reported on the official website of the Venice Commission.
This was reported by the Slovo pro Slovo website with reference to the Venice Commission.
The Commission's plenary session, scheduled for March 14-15, 2025, will present a draft amicus curiae advisory opinion. Its main topic will be the regulation of the right to alternative civilian service (ACS) in wartime.
According to the current legislation of Ukraine, the right to ACS is guaranteed in peacetime. However, during martial law, there is a 'legal vacuum', which leads to ambiguous interpretation of this right by the courts. As a result, many believing Ukrainians who refuse military service on religious or other grounds face the threat of criminal prosecution.
Experts hope that the conclusion of the Venice Commission will help to eliminate legal conflicts and provide clear guarantees for those who wish to exercise the right to alternative service even during martial law.
“The issuance of this opinion is an important step towards the protection of human rights and compliance with international standards in the field of freedom of conscience and religion,” the statement reads.