Воскресенье, 14 июня, 2026

Реализация права на альтернативную невоенную службу. Насколько возможен компромисс?

Альтернативная служба в военное время – это реальное право, которое можно реализовать? Или, быть может, 35 статья Конституции Украины существует только в теории, а на практике не действует? Возможно ли расставить точки над “і” в ситуации, сложившейся с Федором* из Оратова? Об этом рассказываем на yes-vinnytsia.com.ua

Начало истории – здесь (что произошло на первом этапе) и здесь (как на верующего едва уголовное дело не открыли). В третьей части серии статей, обсудим, насколько реален в этой ситуации компромисс, который устроит всех.

Попытки найти компромиссный вариант

Федор имеет в коллекции уже более десятка повесток и каждый раз (кроме случая с вызовом в учебный центр) добросовестно приходил в ТЦК и СП Оратова. Потраченных на это часов, в которые не мог работать и зарабатывать на жизнь, уже и не сосчитать. И хотя верующий признает, что местные военные в основном относились к нему с уважением, все же желает, чтобы ситуация как можно быстрее дошла до логического завершения. В конце концов, вместо этих походов “для уточнения данных” в течение периода более 2 месяцев можно было сделать много полезного. 

Нужно ли абсолютно всех здоровых мужчин 25-59 лет без так называемой брони сгонять на фронт? Будет ли стратегически оправданным этот шаг? Можно ли имеющиеся трудовые ресурсы, в том числе из числа верующих, использовать более рационально?

Попытки найти компромисс упирается в одну и ту же ситуацию: верующему предлагают работать в части без использования оружия, но под наблюдением военного командования и минобороны. Например, работать на кухне или заниматься восстановлением в стройбате. Но, например, Свидетелей Иеговы подобный вариант не устраивает, а ЕСПЧ, как мы уже писали ранее, подтвердил, что такой способ реализации 35 статьи Конституции не соответствует необходимым критериям.

Объяснение верующего 

Конечно, ситуация могла быть еще хуже, если бы, например, 35 статью совсем отменили. Однако разве помогло бы это в пополнении армии? Вряд ли. Многие из религиозных людей не станут убивать других или помогать в этом даже под угрозой смертной казни. 

«Да хоть расстрел. Так я говорил в военкомате дважды, когда угрожали уголовным делом, – рассказывает Федор. – Не уверен, что сказал это тактично, но хотел таким образом показать свою решительность».

Вот еще некоторые комментарии верующего. 

О необходимости защитной войны:

«Я понимаю, что сейчас без этого никак. Уважаю выбор других защищать родных и права человека. У каждого своя совесть. Также понимаю, что на этом этапе человечеству нужна, например, полиция. Проблема лишь в том, что это не мой путь в жизни. Зная, что Бог обещает сделать для человечества в будущем, служить в военных или правоохранительных органах не смог бы. Да это и “конфликтует” с моим посвящением Богу».

О том, что тревожит больше всего:

«Время от времени ходить в ТЦК и СП – это еще полбеды. Тревожит, что у меня отобрали временное удостоверение военнообязанного, а военный билет, хотя и сделали, не выдали на руки – мол, он только для тех, кто уже идет служить. Везде же пишут, что за отсутствие документа могут выписать большой штраф».

О проблеме создания альтернативной службы во время военного положения:

«Я частично понимаю, почему такая ситуация сложилась. Для государства сейчас победить в войне может быть более приоритетной задачей, чем помощь гражданскому населению, на которую я согласен. Но считаю, что можно было бы зачислить на альтернативную службу, а уже потом подыскивать подходящий вариант: восстановление или, скажем, работа в коммунальных службах под наблюдением местных органов власти. Или, в идеальном случае, просто какая-то гарантия того, что уголовного преследования не будет. Слышал, кстати, что в других областях кого-то из единоверцев привлекали к ликвидации последствий обстрелов или обустройству бомбоубежищ. Но в Винницкой области такого, кажется, не предлагают».

Выводы и открытые вопросы

Право есть, механизма его реализации нет. Так можно лаконично подытожить ситуацию, сложившуюся с альтернативной службой в Украине во время военного положения. Не логично ли в такой ситуации оставить верующих в покое? Либо дается служба, либо отсрочка, либо исключение с воинского учета. Так и происходит в некоторых областях, но в Винницкой области с недавних пор ситуация усложнилась или, так сказать, зависла в воздухе. 

Но это мнение верующих. Для тех, кто служит в военных структурах, картина может быть немного другой. Или едешь на фронт, или в учебный центр, или уголовное дело. И пока механизма альтернативной службы нет, существует белое пятно в правах человека и возможности исполнить свой гражданский долг способом, который не противоречит совести и искренним религиозным убеждениям граждан.

Конечно, некоторые не понимают подобный подход, считая, что “богомольные” лишь прикрываются вероучением или свободой совести, чтобы избежать опасности. Но как тогда объяснить их готовность помогать с восстановлением или устранением последствий обстрелов в самых горячих точках? Да и дело не только в этом. Кажется, общество должно было бы уже понять, что без уважения к взглядам других вряд ли можно достичь мира и гармонии в отношениях.

Есть и другие открытые вопросы, которые можно адресовать органам местного самоуправления. Действительно ли они не имеют полномочий зачислить на альтернативную службу или всё же это объясняется нежеланием понять проблему и организовать нужные процессы? Кажется, ситуация уже дошла до критической точки и требует немедленных ответов. 

*Имя изменено.

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