A Russian court has upheld the right of a man called up to fight in Ukraine to perform an alternative form of public service due to his religious beliefs.
The ruling sets a precedent that could persuade more reluctant draftees to try to get out of military service.
The Regional Court in St Petersburg upheld a ruling of a lower court that deemed the drafting of Pavel Mushumansky to be unlawful and said he was entitled to fulfil his duty in another way.
Russian President, Vladimir Putin (pictured) ordered a call-up of army reservists in September.
Although officials said 300,000 men were drafted as planned, the mobilisation also spurred resistance.
Tens of thousands of men fled the country, and some of those who stayed ignored their summons.
Others contested enlistment in the courts, including by claiming a right to alternative service, which entails taking up a paying job at State-run institutions or organisations.
Those opting for alternative service often work in hospitals, care homes or Post Offices.
Mr Mushumansky’s lawyer, Alexander Peredruk said the ruling was the first of its kind since the mobilisation began amid Moscow’s increasingly bogged-down military operation in Ukraine.
The publicly known attempts by other draftees to opt for alternative public service have failed, even though the right to be assigned to civil labour if military service goes against a person’s beliefs is guaranteed under the Russian Constitution.
Enlistment officials argued that only regular conscripts were eligible for substitute service and that Russia does not have a law allowing such an option during a mobilisation.
Mr Mushumansky, an evangelical Christian, contested the decision to call him up on the grounds of his religious beliefs.
“He was allowed to carry out alternative civil service in 2019 instead of a mandatory stint in the military as a conscript and worked for almost two years in a psychiatric care home,” Mr Peredruk said.
In a statement, the Kremlin said the call-up process had been completed and had now ceased.
Moscow, 18 March 2023
