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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of June 27, 2024 No. 3

About court practice on cases on crimes against procedure for execution of conscription, the direction and passing of alternative service (articles 435-437, 465-1 and 465-2 of the Criminal code of the Republic of Belarus)

Having discussed results of generalization of court practice of consideration of criminal cases about the crimes provided by articles 435-437, 465-1 and 465-2 of the Criminal code of the Republic of Belarus (further - UK), for the purpose of the correct and uniform application of the legislation the Plenum of the Supreme Court of the Republic of Belarus DECIDES:

1. Draw the attention of courts that the constitutional obligation and holy duty of the citizen of the Republic of Belarus is protection of the Belarusian state. The procedure for passing of military service, the basis and condition of release from military service or replacement of its alternative are determined by the law (article 57 of the Constitution of the Republic of Belarus).

Military accounting, conscription, service in reserve, appeal on military and special charges belong to forms of realization of conscription.

The correct application of the penal statute about responsibility for crimes opposes procedure for execution of conscription, the direction and passing of alternative service as important instrument for ensuring of protection of the rights, freedoms and legitimate interests of citizens, interests of society and state, is intended to promote holding actions at the call of on military service, to the prevention of crimes.

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