Summary

Alternative service in its present meaning was first provided for in the Estonian Constitution of 1992. Under § 124 (2) of the Constitution, a person who refuses to serve in the armed forces for religious or moral reasons has a duty to perform alternative service pursuant to the procedure prescribed by law. At present, alternative service is regulated in greater detail by the Defence Forces Service Act passed in 2000 and the Regulations issued on the basis thereof. The author analyses solutions of the main issues concerning the organisation of alternative service in several countries in comparison with Estonia. The practice of different countries regarding the bases for refusal to serve in the armed forces is rather similar whereas there are significant variations in respect of the process of application for alternative service. The author examines when applications for alternative service may be submitted in different countries, which body is competent to decide on the satisfaction of such applications and on which criteria the decision is based. The author addresses problems in the regulation in Estonia in relation to the possibility to submit an application for alternative service only before the commencement of the service in the armed forces, the checking of the convictions of a person applying for alternative service and to the fact that applications are reviewed by one person only.

The author also examines the duration, content and places of alternative service in a number of countries. The author argues that the provisions applicable in Estonia in respect of the places of alternative service are discriminatory. Further, the author considers it a major problem that the organisation of alternative service in Estonia is not regulated. Finally the author regrets that, according to the statistics, alternative service has not been properly implemented in Estonia as a majority of those who have applied for alternative service have not been called up for the service.