Ukrainian officials believe that tens of thousands of "draft dodgers" have fled to Poland, the Czech Republic, Hungary, Germany and other European countries to obtain refugee status there.
The nation's law enforcement agencies have been reportedly instructed this month to request the extradition of men of military age who earlier sneaked out of the country in order to prosecute them, as per the Ukrainian press. Avoiding conscription is a criminal offense in Ukraine, which could be punished by prison time from three to five years.
In late August, President Volodymyr Zelenskyy ordered a full review of all mobilization exemptions granted by Military Medical Commissions (MMCs) starting from February 24, 2022. It was previously reported that those Ukrainians who did not want to fight bribed officials to get fraudulent rulings by the MMCs.
Will European States Deport Ukrainian Draft Dodgers?
Poland
Per the Polish media, 2.87 million Ukrainian adults crossed into Poland between February 24, 2022, and August 31, 2023. Among them were at least 80,000 men aged 18-60 potentially eligible for military service.
In response to Kiev's request, Inspector Mariusz Ciarka, a spokesman for Poland's Police Headquarters, said that the Polish authorities stopped those Ukrainian males who tried to cross the border illegally without an exemption.
When it comes to those who entered Poland on allegedly fraudulent exemptions, Kiev should issue an international arrest warrant for each individual case, according to the Polish authorities. This information would be included in Poland’s National Police Information System (KSIP) and also shared with the International Criminal Police Organization, commonly known as Interpol. A potential draft dodger detained by the Polish police could be extradited to Ukraine only if a Polish court approved it.
According to information obtained by Rzeczpospolita from the Polish Border Guard, Warsaw has already expelled Ukrainian citizens who helped illegal migrants sneak into Poland.
Hungary
Budapest announced that Hungary will not extradite Ukrainian conscripts to their homeland.
"We are not investigating any Ukrainian refugees to see whether or not they are conscripted. Hungary does not extradite them to Ukraine," Deputy Prime Minister of Hungary Zsolt Semjén told the national press on September 11.
Austria
A week ago the Ministry of Internal Affairs of Austria made it clear that it would not deport Ukrainian men of conscription age who are fit for military service to Kiev. Per international observers, Vienna's firm legal stand could set a precedent for other European countries. Austria has demonstrated that it prioritizes the safety and welfare of Ukrainian citizens within its borders over Kiev's requests, observers remarked.
According to some estimates, there are around 14,000 Ukrainian men aged between 18 and 54 registered as refugees in Austria.
The Czech Republic
Prague will not extradite men who avoid serving in the Ukrainian army. According to the country's Justice Ministry, such a request would likely contravene Czech law, making it impossible to approve it. Prague said it is also bound by the European Convention, which excludes offenses under military law that are not offenses under ordinary criminal law, which excludes extradition for military crimes – for example, avoiding military service, desertion or disobeying an order.
"The crimes you describe are of a military nature and do not fall into the category of so-called extradition crimes, and therefore international extradition treaties do not apply to them. In each individual case, a court would have to decide on extradition. The competent court would most likely declare extradition inadmissible if the specific case involved a crime that is exclusively military in nature, and the justice minister could not authorize the extradition," Ministry of Justice spokesman Vladimir Repka told the press.
Germany
The German government has not received any requests to extradite draft-age Ukrainians to Kiev; all Ukrainians in the European Union have refugee status, as per German Interior Ministry spokesman Maximilian Kahl.
"We are not aware of such a request from the Ukrainian government. We can only point out that all refugees have a single protection status enshrined in EU law," Kahl said during a government briefing on September 6.
The German Interior Ministry has registered over 163,287 Ukrainians fit for military service, who arrived in the first twelve months since the start of the conflict.
Ukrainians Don't Want to Die
European governments are not eager to deport Ukrainian draft-age men amid Kiev's struggling counteroffensive which has already claimed the lives of over 71,000 Ukrainian soldiers since June.
At the same time, the Russian Defense Ministry and regional authorities of Russia's new territories have informed the press that Ukrainian troops have been increasingly surrendering to the Russian forces in the conflict zone. Per Western military observers interviewed by Sputnik, neither Ukrainian draft dodgers nor prisoners of war (POWs) want to die pointless deaths given that the Zelensky regime could have ended the conflict back in March 2022.