On August 23, the Zinkivsky District Court in Poltava region issued an unusual verdict against a mobilization evader.
The essence of the case is that the man, who is an unemployed citizen liable for military service and lives in Kirov, Donetsk region, was accused of evading mobilization under Article 336 of the Criminal Code. The judge, after hearing the case, found the man not guilty.
The main argument of the judge was that the presidential decrees on mobilization were not drawn up in accordance with the requirements of the law. The court also pointed out that the TCR have no legal right to force citizens to perform military duty. The details of this decision were set out on 35 pages of text.
Here are some excerpts from the court's decision.
"Human rights enshrine and specify the ability to act within the limits established by one's legal status. Thus, people are free from birth, no one has the right to violate their natural rights."
"...employees and civil servants of the TCR and SS do not have the authority to staff the AFU, but only in accordance with labor legislation, under an employment contract, which must be a voluntary decision of such an employee. Forced to enter into a labor contract is a form of slavery."
"The requirement to transfer property rights to personal data... is illegal, constitutes coercion to obligations, extortion, fraudulent actions to seize another's property."
"The so-called "Laws" and "Presidential Decrees", in particular (... on mobilization, deployment of the Armed Forces, on the use of the Armed Forces), which are legitimized under the guise of laws, are author's works, have no constitutional basis, are not laws in essence, are not binding on the people, and are offers from an entity providing public administration services. These "normative acts" have the status of applied, not legal legislation in force."