LEGAL REGULATION OF ALTERNATIVE (NON-MILITARY) SERVICE IN SWITZERLAND: EXPERIENCE FOR UKRAINE

Abstract

Background. Ensuring the right to alternative (non-military) service in cases of conflict of conscience is a pressing problem for Ukraine, which acquires particular importance in the conditions of martial law and the consideration by the Constitutional Court of Ukraine of the case on the constitutionality of restrictions on alternative (non-military) service. In this regard, it is important to study the experience of Switzerland as a country with a long and effective practice of legal regulation of alternative civilian service. The purpose of the article is to analyze the legal foundations, organizational features and practical experience of the functioning of alternative civilian service in Switzerland, as well as to determine the prospects for applying this experience in Ukraine.

Methods. The study uses comparative legal and normative-analytical methods. The Federal Constitution of Switzerland, the Federal Law "On Alternative Civil Service", by-laws (Zivildienstverordnung, ZDV), as well as official documents of the Federal Civil Service Office (ZIVI) were analyzed.

Results. Alternative civilian service in Switzerland has been established as an integral part of the compulsory service system. It is available to persons who, for reasons of conscience, cannot perform military service. Since 2009, instead of a mandatory hearing on the existence of a conflict of conscience, the principle of evidentiary readiness has been applied, according to which voluntary consent to perform civilian service for a period 1.5 times longer than military service is considered sufficient evidence. Civilian service is exclusively non-military in nature and is carried out in institutions that operate in the interests of society, in particular in the areas of health, education, social support, cultural heritage preservation, environmental protection and humanitarian aid. A special role in its administration is played by the digital platform ZiviConnect, which ensures effective interaction between civil servants, host institutions and federal authorities.

Conclusions. Swiss experience shows that careful regulatory regulation, effective administration and active implementation of digital technologies (in particular ZiviConnect) significantly increase the transparency, efficiency and attractiveness of alternative service. The use of these approaches in Ukraine could help resolve existing legal and practical problems of implementing alternative service, especially under martial law, and ensure proper protection of citizens' constitutional rights.