Minister of Defence disputes the Constitution?

Belarusan Minister of Defence lieutenant general Yury Zhadobin opposes the alternative service in the country. Lawtrend expert considers his words to be contradictory with the Constitution.

At the press conference on February 19, Minister of Defence characterized the alternative service as “farfetched and unnecessary." "The mentality of people does not preview the desire to shirk the army. These are the children of those at the top of the "fifth column" and those who are ill-bred in the environment of hatred in relation to their country, I suppose. They consider the armed forces to be useless. Do you think they will be able to be useful elsewhere? I think this is just a way to shirk the army”, - Zhadobin said. 

At the same time he noted that "the grandfathers, great grandfathers of these goldbricks, advocates of the unnecessary and superficial intention did their military service". "When time comes – take a submachine gun and fall in as your father, grandfather, great-grandfather did. What alternative services?” – said the Minister indignantly.

Zhadobin added that the Ministry of Defence has repeatedly presented its position, its proposals on the alternative service to the leadership of the country. Judging by the words of Zhadobin, it is suggested, for example, that the one who does not want to take up arms will serve far longer than the one who chooses military service – not one year and a half, but three years.

The chair of the educational institution Legal Transformation Center "Lawtrend" lawyer Elena Tonkacheva considers that the words of Defense contradict the Constitution.

She reminded of article 57 of the Constitution: “The procedure regulating military service, grounds and conditions for exemption from military service or its substitution by alternative service shall be determined by law”.

"Making a statement as the Minister of Defence that you are totally against the constitutional provision is equal to voicing your judgments regarding the constitutional order and system of the country”, - said the lawyer. “If there is a clear message from the Ministry that the service in the army constitutes the fulfilment of constitutional duty, then this statement of the Minister puts in danger this constitutional provision."

“In this case, the Ministry of Defence should work on amendments to the Constitution and on the removal of the provision on alternative service, but it should not sabotage it. As the question rises whether the Constitution is the fundamental law, inter alia for the Minister of Defence", - said Tonkacheva adding that the words of Zhadobin do not provoke anything but suspicion, frustration and regret.

In the opinion of the lawyer, this kind of statement from the Minister of Defence is unacceptable, as they form public opinion, including the one of members of the state system who work on the draft law on alternative civilian service.

"After the statements of the Constitutional Court and of the President made a few years ago, we considered that the question of the legal regulation of alternative service has a promising solution - the draft law was being elaborated with the participation of all relevant ministries and departments. Even after it became classified information, we thought that this is only in order to prevent its abuse by conscripts", - said the lawyer. She added that if the Ministry of Defence has "a reasonable position, supported by forecasts, sociological studies, analysis of attitudes in the society, then we should discuss it openly."