Fake marriage, disability, or ‘reservation’: the mobilisation-evasion schemes police uncover — and the penalties they carry

Up to eight years for a fake marriage: how mobilisation-evasion schemes work and how they end

Law enforcement is increasingly uncovering schemes for illegally obtaining a deferment from mobilisation or discharge from military service. Despite organisers’ promises to “settle the matter legally”, such deals often end in criminal proceedings, and those involved may face actual imprisonment. One such case recently occurred in Kyiv.

According to the National Police, a 52-year-old Kyiv resident offered a 25-year-old serviceman to arrange his discharge from service for USD 30,000 by marrying a woman with a disability who requires constant care. Initially he also considered an option involving a single mother of three children, but ultimately settled on this scheme. Officers detained the man after he received the first part of the agreed sum — USD 15,000. According to the investigation, he has been served a notice of suspicion, and the sanction of the incriminated article provides for up to eight years’ imprisonment.

However, a fake marriage is only one of the mechanisms law enforcement has recorded recently. Among the most common schemes are also arranging a fictitious disability, forging medical documents on unfitness for military service, illegally arranging care for persons with disabilities, fictitious employment to obtain an employment deferment (reservation), and organising the illegal departure of persons liable for military service abroad.

At the same time, it is important to understand that a fake marriage in itself is not established by the Criminal Code of Ukraine as a separate criminal offence. However, if it is used as a tool for illegally obtaining a deferment, discharge from military service, or other unlawful advantages, the actions of those involved may be classified under a number of articles of the Criminal Code depending on the specific circumstances of the case.

In particular, Article 336 of the Criminal Code of Ukraine provides for liability for evasion of conscription for military service during mobilisation. The sanction of the article is three to five years’ imprisonment.

If a person organises or facilitates such a scheme, their actions may be classified under the rules of complicity in accordance with Article 27 of the Criminal Code of Ukraine. In addition, when an intermediary promises, for a reward, to “settle the matter” through their supposed connections in government bodies, law enforcement often charges Article 369-2 of the Criminal Code of Ukraine (trading in influence). In cases where the scheme involves the illegal departure of a person liable for military service outside Ukraine, Article 332 of the Criminal Code of Ukraine on the illegal movement of persons across the state border may also apply.

Judicial practice shows that law enforcement is increasingly documenting such crimes, and courts are increasingly handing down guilty verdicts against the organisers of such schemes. Moreover, liability may arise not only for those who profit from illegal “services”, but also for persons who knowingly agree to use them.

Under martial law, any attempt to obtain an illegal deferment or discharge from military service carries not only high legal risks but may also lead to criminal prosecution. That is why any issues related to mobilisation, military registration, or military service should be resolved exclusively within the legal framework.

If you need legal assistance with issues of mobilisation, military registration, military service, or other legal matters, contact the attorneys of the Strategic Advocacy Law Association. Qualified legal advice will help protect your rights and find a lawful solution to your situation without the risk of criminal liability.