The list of conscripts for 2025 has already been published, with a target of around 3 800 conscripts to be called up for compulsory initial military service. While there is no shortage of information about conscription in the public domain, many people are still confused about the legal process of conscription and the rights and obligations involved. According to Sandra Mickienė, Senior Associate at AVOCAD, there are many myths circulating in the public domain which can lead to wrong decisions, unfounded fears and misjudgements. It is therefore important to know the basic facts about compulsory military service.
Military obligation: duty and responsibility
One of the most important duties is the constitutional obligation to defend the Lithuanian state against foreign armed attack. In order to ensure that citizens are able to fulfil this duty properly, it is necessary to prepare them physically and psychologically, and this preparation is ensured by compulsory military service. Thus, military duty is not only a personal responsibility, but also an important guarantee of state security, ensuring the ability of citizens to defend their country.
Myths and reality
One of the most common misconceptions is that all conscripts will have to serve in the army. However, according to the legislation in force, the conscription procedure covers not only the selection and appointment of conscripts for compulsory military service, but also the deferment and exemption from service.
“This means that whether a person will actually be required to perform compulsory initial military service will depend on whether, following a medical examination conducted in accordance with the procedure established by law, it is determined that he is fit to perform regular compulsory initial military service; and whether there are any objective circumstances that would constitute grounds for exempting him from service or deferring his service. Only if all of these conditions are met will the person be obligated to perform compulsory initial military service,” notes S. Mickienė.
Another common myth is the issue of conscripts' health. The public perception is that in order to avoid compulsory initial military service, it is sufficient to go to a doctor, to collect a medical history documenting the various health problems and illnesses that one has had, and in some cases it is even suggested to falsify the data by referring to non-existent conditions or illnesses. It is noted that conscripts often turn to psychologists or psychiatrists in order to obtain diagnoses that could be used as grounds for declaring them unfit for compulsory military service. There are a number of important points to note here:
- Simulating or falsifying documents is a criminal offence punishable by criminal penalties (arrest or imprisonment for up to three years).
- Psychological or psychiatric diagnoses can make it difficult to pursue a future career in fields that require perfect health (e.g. law enforcement, aviation).
- The legislation governing military conscription provides for a separate medical examination procedure, and therefore the medical certificates collected in advance may have no legal value.
A third aspect that is often confused is the age limits for compulsory initial military service. Under current legislation, the age limit for conscripts is 18-23 years. However, persons who wish to serve voluntarily may do so until the age of 38. In exceptional cases, if military service has been postponed due to studies, the age of conscription may be extended to 26.
Compulsory initial military service is not a punishment but an opportunity
Young people who have not yet established a professional career and do not have financial commitments often avoid the service because of negative perceptions of it. However, compulsory service is not a punishment, but an opportunity to acquire valuable skills, to strengthen physical and psychological endurance and to contribute actively to national defence.
The lawyer says that the law provides social guarantees for conscripts: those serving are provided with uniforms, food, and official housing, and are also paid allowances to cover living expenses. During their service, individuals are incentivized with monetary payments based on their performance. If their service is evaluated positively (very good, good, or satisfactory), they receive monthly payments that are paid out upon completion of the full service period—9 months. In addition, for individuals who serve voluntarily and expressed their willingness to do so before the publication of the list of conscripts for the calendar year, the payments are increased by 30 percent. For those who expressed their willingness after the list was published but before the order assigning them to a military unit was signed, the allowances are increased by 15 percent. “Employers who hire conscripts who have completed their regular compulsory initial military service are eligible for a wage subsidy for up to 6 months. This subsidy applies if the conscript was hired within 3 months of the date of completion of regular compulsory initial military service,” notes Sandra Mickienė.
Exemption from military service and deferment of military service
S. Mickienė, a lawyer at AVOCAD, points out that a distinction must be made between exemption from military service and deferment of service. Exemption is definitive and applies only in the case of objective circumstances such as disability or incapacity. Deferment is a temporary solution. It may be granted to persons studying, to persons with children under 3 years of age, or for other important reasons.
Each case is assessed individually. Deferment of service due to work or financial obligations is generally not recognised as a sufficient ground, as the law provides for job security for conscripts and the possibility of deferring housing loan payments.
There is more flexibility for conscripts living and working abroad, as they do not enjoy the same social guarantees as in Lithuania. According to the lawyer, both the Conscription and Manning Service and the courts are strict in their assessment of such applications, which must be objectively justified and highly relevant. The nature of the harm must be such as to outweigh the constitutional obligation to perform military service.
"In summary, the circumstances of each case are assessed on a case-by-case basis, taking into account objective evidence and the significance of the damage. It is advisable to take a very responsible approach to one's duties and, if you have any questions, to contact the relevant authorities for accurate and clear information and, if necessary, to consult a lawyer," advises S.Mickienė.