Ukraine’s Constitutional Court Upholds Ban on Early Conditional Release of Lifers for Military Service

Ruling by Ukraine’s Constitutional Court

According to Конституційний суд: The Constitutional Court of Ukraine has issued a ruling on the constitutional complaint filed by Anatoliy Oleksandrovych Luzhynets concerning the early conditional release of prisoners sentenced to life imprisonment for military service. The Court upheld the constitutionality of Article 81-1, Part One, of the Criminal Code of Ukraine, which prohibits conditional early release for individuals convicted of intentionally killing two or more people, as well as for those serving life sentences.

The case was reviewed on October 28, 2026, by the Second Senate of the Constitutional Court. The decision, numbered 13-r(II)/2026, was delivered by reporting judge Viktor Horodovenko. The Court examined provisions of Article 81-1, Part One, that regulate conditional early release specifically for military service during times of mobilization and/or martial law.

Details of the Conditional Early Release Procedure

The Court emphasized that conditional early release is a temporary measure tied to factors such as age, health condition, physical fitness, psychological readiness, and other specific criteria. This release option does not apply to those convicted of multiple intentional homicides or those serving life imprisonment. The Court noted that involving such prisoners in military service poses significant risks to military discipline, hierarchy, mission fulfillment, and the safety of fellow soldiers and civilians.

The Court stated, “The state not only has the right but is obligated to consider these risks when determining who may be eligible for conditional early release to perform military duties.”

Based on these considerations, the Court confirmed that the contested provisions of Article 81-1, Part One, comply with the Constitution of Ukraine. The official ruling and its summary will be published on the Constitutional Court’s website on October 29, 2026.

This decision highlights the critical importance of maintaining security and order within the armed forces, especially under mobilization and martial law conditions. The prohibition on conditional early release for individuals convicted of serious crimes reflects the state’s commitment to protecting the lives and well-being of other military personnel and civilians. This legal interpretation may also influence future legislative reforms related to Ukraine’s penitentiary system and military service policies.

In light of the recent ruling by the Constitutional Court, it is important to consider the broader implications of military service regulations for convicted individuals. For instance, the Court's earlier decision to postpone changes to military bail procedures highlights the ongoing complexities in balancing legal frameworks and military needs. To explore this topic further, read about how the recent postponement of military bail changes may affect future legal interpretations.