Court Rules Man's Mobilization Was Illegal
The Seventh Administrative Court of Appeal has ruled that the mobilization of a man with a valid exemption was unlawful. The exemption, granted under clause 13 due to his father's status as a Group 2 disabled person, was valid until November 5, 2025. The court determined that the legal obligation to verify the existence of such an exemption lies with the Territorial Recruitment and Social Support Centers (TRCs), not with the citizen himself.
The incident occurred in late October when the man visited a Chernivtsi Administrative Services Center (ASC) to renew his exemption. During this visit, he was detained, taken to a TRC, and mobilized. The case, registered under number 600/5412/25a, was represented by lawyer Oleksiy Mendrukh.
The Court's Stance on Mobilization Procedures
The court referenced Resolution No. 560 of the Cabinet of Ministers of Ukraine, specifically paragraphs 60 and 63, which state that individuals liable for military service who have applied for a deferment are not subject to referral for a medical examination until a commission makes a decision. The court further noted that if an exemption period has not expired, a person is not subject to conscription, except in specific cases. This ruling comes amid ongoing efforts to ensure mobilization in Ukraine is conducted fairly and in accordance with the law.
The court found the actions of the TRC to be in violation of Articles 8 and 19 of the Constitution of Ukraine. Consequently, the mobilization order issued by the head of the TRC and the subsequent order from the head of the Ukrainian Military Medical Academy to enlist the man were both annulled. The court emphasized that visiting the ASC to renew an exemption constitutes an active step to exercise one's legal right.
"The obligation to verify the existence of grounds for a mobilization deferment lies with the TRC,"stated the Seventh Administrative Court of Appeal.
This case highlights the critical importance of adhering to legal procedures during mobilization and protecting the rights of citizens with legitimate grounds for deferment. The court's decision may set a precedent for other cases involving unlawful actions by recruitment centers and could lead to improvements in the procedures for verifying exemptions in the future.
The recent court ruling highlights the importance of understanding legal rights during mobilization processes. For those who may find themselves in similar situations, knowing how to contest an unlawful military registration can be crucial. To explore effective strategies for challenging an illegal return to military duty, refer to our detailed guide on disputing wrongful military registration.