The Constitutional Court of Ukraine has officially recognized as constitutional the provisions of the Criminal Code that exclude parole for military service of persons sentenced to life imprisonment, as well as those convicted of the premeditated murder of two or more people. The relevant decision was made by the Second Senate of the CCU chaired by judge-rapporteur Viktor Horodovenko following the review of a constitutional complaint.
Legal grounds and court position
During the review of the case, the Second Senate analyzed the provisions of Article 81-1 of the Criminal Code of Ukraine. The court concluded that providing a person serving a life sentence with a realistic prospect of release does not mean mandatory access to absolutely all existing mechanisms, but rather implies a general legal possibility to review the imposed punishment.
The text of the decision emphasizes that the mechanism of release for contract service, which operates during martial law, is of a temporary nature. It differs significantly from traditional parole because it is tied to strict criteria of age, health, and psychological state, rather than the correction process of the convict.
Assessment of risks for military service
According to representatives of the Constitutional Court of Ukraine, military service is directly related to the possession and use of lethal weapons and complex military equipment. Involving citizens convicted of grave violent crimes in the ranks of the Armed Forces creates additional threats and risks to military discipline, subordination, as well as the safety of other servicemen and civilians.
The court ruled that the existing ban does not violate the rights of prisoners and does not deprive them of other legal ways to change their legal status. At the same time, the mobilization mechanism in the country continues to operate in accordance with extended presidential decrees against the background of ongoing martial law.
Context of mobilization and martial law
The adopted court decision was published against the background of ongoing large-scale mobilization measures in Ukraine. Earlier, the head of state signed official decrees extending martial law and general mobilization for another 90 days, which will remain in effect at least until the end of January 2027.
In parallel with this, state digital services continue to adapt to the current needs of citizens. In particular, the specialized application "Reserves+" recently resumed the processing of official deferrals from conscription for all categories of liable military personnel provided for by law.
