Verdict from the Borshchiv District Court
The Borshchiv District Court in Ternopil Oblast has issued a ruling in the case of a local man, Oleksandr, charged with evading military conscription. While the court found him guilty on one count, it acquitted him on two others due to procedural violations committed by the authorities. He received a three-year prison sentence but was exempted from serving it, instead being placed on probation for one year and six months.
Case Details
Oleksandr faced accusations of draft evasion on three occasions: in November 2023, and in January and February 2024. Court proceedings revealed he had been deemed only partially fit for service, as military units in Rivne, Poltava, and Chortkiv refused to accept him due to his epileptic seizures, which were confirmed after a military medical commission (VLC) in 2023.
His family doctor testified to having suspected epilepsy in 2023 and referring him for examination in Ternopil. A psychiatrist-narcologist stated Oleksandr was not registered as a patient. Representatives from the Territorial Recruitment Center (TRC) confirmed that both the 150th and 42nd Brigades rejected him due to his health condition.
The court ruled evidence related to the January 18 and February 28, 2024, incidents inadmissible, convicting him solely for the November 2023 evasion. It was determined his illness was not daily but triggered by stress, as noted by a doctor who examined him:
“He was examined and found to have seizures with loss of consciousness. However, we concluded the illness is not daily in nature and manifests under stress. At that time, there was no threat to his life.”
Oleksandr stated in court: 'I suffer from epilepsy and lose consciousness. When I was taken to various units, none would accept me. During another VLC in Ternopil, I had another attack, but TRC staff reacted skeptically and accused me of faking it.' This case highlights the complex challenges within Ukraine's conscription system during wartime. The legal framework for mobilization has been evolving rapidly to address manpower needs while managing medical exemptions.
As of July 17, 2024, Ukrainian law required TRCs to document notification procedures with photo and video evidence, a measure approved by then-Defense Minister Rustem Umerov. In August 2025, Defense Minister Denys Shmyhal issued instructions mandating that TRCs conduct raids using body cameras starting September 1, 2025. By March 2026, the stated priorities are combating draft evasion and cases of soldiers leaving their units without authorization.
Oleksandr's situation underscores the difficulties faced by individuals with medical limitations during Ukraine's military mobilization. Given existing medical restrictions and significant legislative changes, it is crucial to consider each conscript's individual circumstances. Simultaneously, new laws governing notification and conscription oversight may prove key to reducing evasion and improving the army's recruitment system.