Dear friends!

We, the friends of 18-years-old Andrij Tvardijevych, (he lives in Kiev,

Ukraine), are appealing to you. He needs your help.

Until now in Ukraine, in fact, soviet-style system of general military

service exists. Also as almost in any other part of ex-USSR, it is

aggravated by a lot of breaches: from the old ones as systematic

violations of servicemen's rights and violence towards them, - to the

new, for instance, by the witnesses' words, malnutrition in some

military units. But we have to regard separately the pressure upon the

young men who don't want to go to the military forces because of their

convictions. The Constitution that exists in Ukraine now, as well as

"The Law about alternative (non-military) service", permits the change

of military service into alternative one only because of RELIGIOUS

beliefs. Then, these beliefs have to be supported, more likely - with

papers, by one of religious organisations that is registered in Ukraine

and whose rules forbid the arms' use. Any other convictions, due to

which man can refuse to serve military service, aren't provided by

Ukrainian legislation.

Criminal case is opened for Andrij Tvardijevych on Article 72 of

Ukrainian Criminal Code "Evasion from conscription to ordinary military

service", which provides 3 years of imprisonment as the punishment.

Andrij didn't want to serve the military service because of his

convictions, at the same time having no legal possibility to act in

accordance with them. Criminal case was opened after call-up papers

didn't find him at home where he didn't live at that time. When Andrij

found out the criminal case was opened, he came to prosecutor for

interrogation.

Existing Ukrainian legislation makes any attempt to use the convictions

as the defence's argument senseless. That's why Andrij has now the only

hope: the receiving of suspended sentence. The lawyer affirms that it's

the real possibility - and it will give him a chance to enter the

university, he prepared for during the last time. At the same time it

will give him, as minimum, the long delay from conscription for the

period of studying.

But investigation and trial need funds, - mostly for lawyer. Andrij's

friends helped him to collect the money for the first time, but neither

he nor they can take all the outlays, which are by preliminary account

$500 in total.

If you will be able to support Andrij financially, - you'll help him to

escape imprisonment for acting in accordance with his convictions.

Below we place the Andrij's letter, where he explains the motives of his

decision, and the quotations from Ukrainian laws concerning the

questions of so-called "evasion" from military service, of the

alternative service, delay or deliverance from military service. This is

not an official translation, so some terms could be given in a free

translation.

Thank you in advance.

Contact person: Maksym Butkevych,

Ukraine, 03040, Kiev, P.O.Box 72.

Ph. (380)+44-263-1661

e-mail: chienukr@yahoo.com

Andrij Tvardijevych's letter (translated from Russian):

I'd like to state the reasons of my attitude toward the military

service. But before speaking about motives of my choice, I'd like to

describe my notion of Ukrainian army.

Why people are taken to the army at the age of 18? Because exactly at

this age the last stages of personality's formation and strengthening of

accepted positions take place. So if at this period the man will be

alienated from the real life and placed under the conditions of strict

subordination, where there is the only system - superior-subordinate,

where the violations of the subordination rules are not permitted but

severe punished, where one can't even openly express his attitude toward

the things that take place, - so, as it seems to me, there is a strong

possibility that the subordinate's way of life and thoughts will - may

be, particularly, but will - remain for the rest of life. Military

service is associated for me with slavery. I shall carry out a lot of

unpaid work, I won't be able to leave it until my superior will permit

me, I won't be able to refuse to do what he'll order to me. It remains

me past times. Or does the history repeat itself? Moreover, even the

look at the satisfaction of the simplest, physiological needs can be the

significant argument for refuse from going to the army, because I'm not

sure that I'll get enough food, sleep enough and won't suffer from the

cold.

In time of my pre-conscription life, during the parents' education, and

then - the communication with the friends, I've built up my position as

one of a free man. I don't force anyone to do something for me and in

accordance with it I don't want to be forced to do what don't want. I

respect myself and the other people. I think that the human's life is

the greatest value, so initially I don't want to get the skills in how

to take it away. I don't want to know how to kill the people, don't want

to know how to commit the violence - neither physical, nor some other, -

over the other people at least because I have no rights for this, - also

as anyone else about me. The person has to be free, to do what he/she

wants, to think about what he/she wants, - if not violating the freedom

of the other people, of course. Understanding this, I suppose that if

I'll go to the army, my opinion may change, I can make doubts about it,

I may be simply broken. Also I'm aware that such a position is the best

for our present society and I don't want it to be changed, because it

will be worth not only for me, but somehow for other people. Besides,

this year and half that are proposed for me to spend there, may be spent

much more effectively. I've been studying in pedagogical college until

was forced to leave it, and in musical school. I participate actively

in the social work in Kiev. This summer I'm going to enter the institute

to get the higher education. And if I'll go to the army, I can lose not

only working skills, but also the professional contacts; my knowledge

will become dull and I'm not sure that I'll be able to continue my

education after the army. And that is what I really don't want. It is

said that the army is my duty to the society, but I'll be able to help

more to the same society if I'll complete my education and shall do my

work with the better quality, than if I'll be beaten out in the wrong

time from the rate that I've achieved yet.

After thinking over all these things, I've understood that it would be

better if I don't go to the army, but continue my development here, at

large.

Quotations from Ukrainian legislation:

"Criminal Code of Ukraine"

Special part

Chapter I. The crimes against the state.

Article 72. Evasion from conscription to ordinary military service.

Evasion from conscription to ordinary military service - is punished by

imprisonment for the term up to three years.

Constitution of Ukraine.

Part II. Rights, liberties and duties of the person and citizen.

Article 35. Everyone has a right for the freedom of the vision of the

world and religion. This right includes the freedom to profess any

religion or not to profess any of them, freely carry out - personally or

collectively - religious worships and ritual ceremonies, carry on

religious activity. Realisation of this right can be limited by law only

for defence of social order, population's health and morality or defence

of another people's rights and freedom. [...]

No one can be released from his duty to the state or can refuse to take

up the laws on the motives of religious beliefs. In the case when the

execution of military duty is in conflict with citizen's religious

beliefs, this duty's execution has to be changed by alternative

(non-military) service.

Article 65. The defence of Fatherland, independence and territorial

integrity of Ukraine, the respect to the state symbols is the duty of

Ukrainian citizens.

The citizens held military service in accordance with the law.

The Law of Ukraine "About general military duty and military service"

Chapter I. General clauses.

Article 1. General military duty.

[...]

3. The citizens have the right for change of general military duty to

alternative (non-military) service in accordance with Constitution of

Ukraine and Law of Ukraine "About alternative (non-military) service".

Chapter III. Registration of the citizens at the military conscription

stations, conscription and assumption to the military service.

Article 15. Call-up age. Conscription of the citizens to the ordinary

military service.

4. In the case of citizen's non-appearance without the valid reasons

after call of military commissioner on the call-up commission he holds

responsibility, established by the law.

The valid reasons for non-appearance of conscripts on the military

conscription stations in the term, established by military registration

office, are recognised the next (which can be confirmed by appropriate

documents):

The obstacle of natural character, conscript's illness or other

circumstances which deprived him from the possibility of personally

arrive in the time and term established;

Death or serious illness of his near relative.

5. At times of peace the following citizens cannot be called-up to the

military service:

freed from conscription in accordance with Article 18 of this Law;

concerning whom inquiry or preliminary (pre-court) investigation is held

or whose criminal case is regarded by the court - until the appropriate

decision is taken;

who are sentenced to the imprisonment.

Article 18. Deliverance from the conscription to the ordinary military

service.

1. From the conscription to the ordinary military service at the time of

peace are freed the citizens, who:

are recognised as unable to hold military service at the time of peace

because of the health's state;

are for the time of going for the ordinary military service more than

25-years-old;

has the father (mother), his brother or sister perished or died or are

the invalids, if the disablement came during the military service's

execution. The conscripts who have a right of deliverance from

conscription on this ground can not to use it;

executed the military service in another states.

2. From conscription are also delivered the citizens who completed the

course of education on the program of training the officer's stuff or

ensigns in the education institutes of the Ministry of Internal Affairs

of Ukraine, Service of Security of Ukraine, another military units, and

have military or special ranks.

Chapter VIII. The responsibility for violation of the legislation about

general military duty and military service.

Article 42. The officials' and citizens' responsibility.

1. Chiefs, other officials of the executive power bodies, local

self-government bodies, as well as of the enterprises, institutions and

organisations of all forms of property and citizens, who are guilty in

violation of the order of military registration, pre-conscription

military training, the registration at the military registration

stations, conscription to the ordinary military service, call-up to the

military service of the officers of the reserve, [...] arriving on the

call to the military registration office, and also in committing the

other violations of the legislation about general military duty and

military service, held responsibility established by the law.

The Law of Ukraine "About alternative (non-military) service"

This defines the organisational-legal ground of the alternative

(non-military) service (below - alternative service), which in

accordance with Constitution of Ukraine has to change the execution of

the military duty, if its execution come in conflict with citizen's

religious beliefs.

Part I. General clauses.

Article 2. The right for alternative service is given to the Ukrainian

citizens, if execution of the military duty contradicts their religious

beliefs and if these citizens belong to the religious organisations that

act in accordance with legislation of Ukraine, which beliefs don't allow

the use of arms.

Article 4. The alternative service is prescribed to those citizens who

have to be called-up to the ordinary military service and personally

stated about impossibility of its execution as of such that contradicts

their religious beliefs, who by papers or in some another way confirmed

the truth of their convictions and about whom the corresponding decision

has been taken.

Those citizens can't be directed to the alternative service:

who have been delivered in accordance with legislation from the

conscription to the ordinary military service;

to whom the delay of conscription to the ordinary military service has

been given (for the time of delay's effect).

***

--

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