Appeals Court Rules Mobilization Illegal for Man with Active Deferment

Mobilization Ruled Unlawful

According to ХВИЛЯ: A Ukrainian appeals court has declared the mobilization of a man to be illegal because he held a valid deferment from military service at the time. The incident began when the man visited the Chernivtsi Administrative Services Center (TsNAP) to renew his deferment. Despite his deferment being active during his visit, police detained him and, after processing, delivered him to a territorial recruitment center (TRC), where he was mobilized. This case highlights ongoing legal tensions within Ukraine's mobilization system as it continues its defense against Russia's invasion.

The man's deferment was granted under Article 23, Clause 13 of Law 3543, based on his father's second-group disability status. It was valid until November 5, 2025. He visited the TsNAP in late October, but the TRC mobilized him anyway, in direct violation of the active deferment. Furthermore, the Ukrainian Military Medical Academy subsequently enrolled him in its personnel lists.

Court Proceedings

The man challenged the decisions of the TRC and the academy in court. The case, numbered 600/5412/25a, was heard by the Seventh Administrative Court of Appeal. Both the court of first instance and the appellate court ruled in the plaintiff's favor. The court cited Cabinet of Ministers Resolution No. 560, which prohibits the conscription of individuals liable for military service if their deferment period has not expired. According to this resolution, such individuals are not subject to conscription prior to a commission's decision and should not be sent for a medical examination if their deferment is still valid.

The court stated: 'The TRC mobilized the plaintiff in violation of the provisions of Clause 13, Part One, Article 23 of Law 3543, because at the time of mobilization the plaintiff had a valid deferment, the term of which had not expired.'

The plaintiff's lawyer, Oleksiy Mendrukh, emphasized the illegality of the TRC's actions, stating: 'But this will be illegal.'

This case underscores the critical importance of adhering to legal statutes during the mobilization process, especially when many citizens hold legitimate rights to deferment. The court's ruling could set a legal precedent for other cases where individuals contest their conscription. Furthermore, it may influence the future policy and practice of military commissions, helping to prevent similar violations of citizens' rights.

This ruling sheds light on the complexities of military deferment laws in Ukraine, particularly in cases involving individuals who may be deemed unfit for service. For those facing similar challenges, understanding the legal avenues available is crucial. You can learn more about how to contest an unlawful return to military registration by exploring this detailed guide.