LAW OF UKRAINE

of December 12, 1991 No. 1975-XII

About alternative (not military) service

This Law determines organization-legal bases of alternative (not military) service (further - alternative service) which according to the Constitution of Ukraine execution of conscription shall be replaced if its execution contradicts religious beliefs of the citizen.

Section I. General provisions

Article 1. The alternative service is service which is entered instead of passing of compulsory military service and aims at discharge of duty before society.

In the conditions of warlike or emergency state separate restrictions of the right of citizens for passing of alternative service with indication of effective period of these restrictions can be set.

Article 2. Citizens of Ukraine have the right to alternative service if execution of conscription contradicts their religious beliefs and these citizens belong to the religious organizations operating according to the legislation of Ukraine which dogma does not allow use of weapon.

Article 3. The citizen of Ukraine passing alternative service uses all social and economic, political and personal rights and freedoms, behind the exceptions determined present and other laws of Ukraine according to the Constitution of Ukraine, and fulfills all duties of the citizen of Ukraine.

For the citizen passing alternative service the right to living space which he occupied to the direction on service, priority to receipt of housing at the place of residence remain and works, and also former work (position) which he performed (borrowed) to the direction on service, and in case of its absence - other equivalent work (position) on the same or, with the consent of the worker, at other company, in organization, the organization. It has the privilege to leaving at work when reducing number or staff of workers within two years from the date of dismissal from alternative service.

Article 4. The citizens who are subject to appeal on compulsory military service and personally declared impossibility of its passing as such which contradicts their religious beliefs, documentary or otherwise confirmed the validity of beliefs and on which relevant decisions are made go to alternative service.

Citizens are not subject to the direction on alternative service:

exempted according to the legislation from appeal on compulsory military service;

which according to the legislation are granted draft deferment on compulsory military service (on delay effective period).

The dismissal wage in the amount of two minimum wages is paid to citizens who quit the job in connection with the direction for passing of alternative service.

Article 5. Citizens pass alternative service at the companies, in organizations, the organizations which are in the state-owned, utility property or the prevailing share in which authorized fund is available in the state-owned or utility property which activities first of all are connected with social protection of the population, health protection, environment protection, construction, housing-and-municipal and agricultural industry, and also in patronage service in the organizations of Society of the Red Cross of Ukraine.

Types of activity in which the citizens passing alternative service can be engaged are determined by the Cabinet of Ministers of Ukraine.

Article 6. The term of alternative service by one and a half times exceeds the term of military service established for the soldiers and sergeants undergoing compulsory military service in the Armed Forces of Ukraine and other military forming formed according to the laws of Ukraine. For persons having the higher education on educational qualification level of training of the specialist or master, the term of alternative service by one and a half times exceeds the term of military service established for persons having the appropriate educational and qualification level.

Time of stay of the citizen on alternative service is set off in its insurance years of service. This time is also set off in uninterrupted length of service of work and length of service in the specialty under condition if the citizen not later than during three calendar months after dismissal from alternative service gets to work.

Article 7. For the solution of questions of passing of alternative service by the Cabinet of Ministers of Ukraine and local public administrations the relevant facilitative branches for alternative service can be formed.

Article 8. The citizen directed to alternative service has no right:

evade from passing of alternative service;

participate in strikes;

be engaged in business activity;

study in educational institutions, except average or higher educational institutions with evening or correspondence to forms of education;

refuse the place of the passing of alternative service determined by the relevant structural division of local public administration.

Evasion from passing of alternative service is considered:

the non-arrival without valid excuse to the place of passing of alternative service specified in the direction or arrivals with delay more than for three calendar days;

unauthorized termination of accomplishment of service duties;

untimely (is later than five calendar days) the message to the relevant structural division of local public administration about provision of leave at the initiative of the owner or the body authorized by it, and also about the prevention the owner or the body authorized by it after dismissal in connection with liquidation, reorganization or reshaping of the company, organization, organization.

In case of evasion of the citizen from passing of alternative service or making of other actions provided by part one of this Article, the local public administration can cancel the decision on the direction it on alternative service what within five calendar days in writing notifies the citizen on and territorial center of completing and social support then the citizen is subject to appeal on compulsory military service in accordance with general practice.

Section II. Procedure for the direction on alternative service

Article 9. For the solution of question of the direction on alternative service the citizens specified in article 2 of this Law after capture on military accounting, but not later than two calendar months prior to the beginning of the period of carrying out appeal established by the legislation on compulsory military service, personally submit to the relevant structural division of local public administration at the place of residence the reasoned written application.

In case of appeal on military charges of citizens who after passing of compulsory military service received religious beliefs and belong to acting according to the legislation of Ukraine of the religious organizations which dogma does not allow use of weapon, they no later than seven calendar days from the date of receipt of the agenda of the territorial center of completing and social support about appeal on military charges submit personally to the relevant structural division of local public administration the statement for release from appeal on these charges.

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