RELEASE FROM SERVING A SENTENCE FOR MILITARY SERVICE UNDER THE CRIMINAL CODES OF OTHER COUNTRIES

Abstract

The article examines the institution of conditional early release from serving a sentence for military service in the criminal codes of foreign states. The relevance of the topic is determined by the realities of modern armed conflicts and, in particular, the martial law in Ukraine, where a similar mechanism was introduced by Law №. 3687-IX of 08.05.2024. In global practice, such instruments are generally applied only in conditions of acute need for personnel during wars. The author identifies four main models: the complete absence of a special institution, special release in wartime, alternative forms of punishment through military service (penal units), and individual acts of amnesty or pardon. In most democratic countries (the USA, Western European states, Canada, Australia, etc.), legislation does not provide for a special mechanism that would turn military service into an alternative to criminal punishment. Military service is viewed as a voluntary activity that requires high moral and disciplinary qualities. Only general institutions of conditional release (parole/libération conditionnelle) are used, with an emphasis on rehabilitation, along with occasional acts of pardon. Historically, during the world wars, France, Germany, Italy, Great Britain, and the United States practiced the involvement of convicts in the army through special or penal units. However, after the end of the conflicts, such practices were rejected as incompatible with the principles of humanism, individualization of punishment, and equality. Modern systems in these countries focus on general conditional release without any connection to military service. The experience of Israel is of particular interest: compulsory military service is an important element of socialization and national security, but even there is no systematic mechanism for “atoning for guilt” through the army – a standard parole system operates with careful risk assessment. The Ukrainian mechanism currently appears exceptional. It enables rapid replenishment of the Armed Forces while providing a number of restrictions (exclusion of serious crimes, service in assault units, and the possibility of conditional removal of a criminal record). Comparison with foreign experience reveals both the strengths of this approach and its vulnerabilities – primarily the risks of recidivism and ethical concerns. Based on the analysis, recommendations for improvement have been formulated: strengthening control and probationary supervision after service, expanding exclusion criteria, a clearer procedure for assessing motivation, the introduction of social reintegration programs, and harmonization with international standards (ECHR, Venice Commission). Thus, the study emphasizes that special conditional early release for military service remains an exception caused by war. For Ukraine, it is important not only to preserve the mobilization potential of the mechanism but also to minimize legal and ethical risks, ensuring a balance between defense needs and the fundamental principles of criminal law.