Kotylko Y. Legal regulation of alternative (non-military) service in the republic of Lithuania: lessons for Ukraine

DOI: https://doi.org/10.33098/2078-6670.2025.19.31.67-73

Purpose. The purpose of this study is to analyze the legal framework and institutional mechanism of alternative (non-military) service in the Republic of Lithuania, with a focus on the potential for implementing effective legal solutions into Ukrainian legislation. Methodology. The study applies general scientific and specialized legal research methods, including formal legal, comparative legal, system-analytical methods, as well as the method of normative modeling. An analysis of the current legislation of Lithuania has been conducted. Results. The study demonstrates that the Republic of Lithuania ensures the effective functioning of the institution of alternative service in accordance with international standards. Lithuanian legislation guarantees the right to alternative service during general mobilization, provides centralized state funding, does not limit this right exclusively to members of specific religious organizations, and grants deferment for clergy. The research reveals significant differences from the Ukrainian practice, including: the financial burden placed on institutions where the service is carried out; the absence of legal guarantees during mobilization; limitations based on the type of religious organization; and the lack of a functioning mechanism for clergy deferment. Scientific novelty. This study is the first to provide a comprehensive analysis of the legal mechanism for the functioning of alternative service in Lithuania from the perspective of its potential application in the Ukrainian legal context. Practical significance. The findings of this research may be used to substantiate amendments to Ukrainian legislation aimed at expanding the legal grounds for alternative service, regulating its funding, ensuring guarantees in wartime, and harmonizing national legislation with international human rights standards.

Key words: religious organizations, freedom of conscience, alternative service, religious beliefs, national security, military duty, Lithuania.

References

1. Law on Military Conscription: Law Republic of Lithuania, dated 22.10.1996 № I-1490. Official Gazette. Retrieved from: https://surl.li/bdysdj (in Lithuanian)

2. Law on Performing Alternative National Defence Service: Law Republic of Lithuania, dated 15.06.1993 № I-978. Official Gazette. Retrieved from: https://surl.li/gfxsjt (in Lithuanian)

3. Law on the Organisation of the National Defence System and Military Service: Law Republic of Lithuania, 1998 № 49-1325. Official Gazette. Retrieved from: https://surl.li/pgpffs (in Lithuanian)

4. Resolution on the Procedure for Performing Alternative National Defence Service in State and Municipal Institutions and Agencies: Government of the Republic of Lithuania, 2000. Official Gazette. Retrieved from: https://surli.cc/umpatd (in Lithuanian)

5. Order on the Approval of the Regulations of the Commission for the Examination of Applications for Alternative National Defence Service: Ministry of National Defence of the Republic of Lithuania, dated 05.05.2022 № V-367. Retrieved from: https://surl.li/yuxerh (in Lithuanian)

6. Order on the Approval of the Procedure for Performing Alternative National Defence Service: Ministry of National Defence of the Republic of Lithuania, dated 03.09.2021 № V-543. Retrieved from: https://surl.li/jobuzl (in Lithuanian)

7. Candidates sought for the commission to examine applications for alternative national defence service: Karys.lt, 2022. Retrieved from: https://surl.li/wpfjrv (in Lithuanian)