In brief
The court ordered a military unit to discharge a man mobilised without a proper decision on his deferment application. The ruling addressed a procedural violation without finally determining his entitlement to a deferment.
Ukraine’s Fifth Administrative Court of Appeal has ordered a military unit to discharge a man whose mobilisation was ruled unlawful, UNIAN reported, citing Judicial and Legal Newspaper. The unit must issue a discharge order and remove him from its personnel rolls.
According to the report, the man sought a deferment because he cared for his father, who has a Group II disability. He underwent a military medical examination, was found fit for service and entered a military unit without a proper decision on his application by the recruitment centre.
The lower court ruled his mobilisation unlawful because the recruitment centre had not demonstrated that it properly considered his application, but refused to order his discharge on the grounds that conscription was irreversible. The appeals court overturned that refusal, saying unlawful state actions could not create lawful consequences and that protection of the man’s rights had to be effective.
The court did not finally determine whether he qualified for a deferment. UNIAN said the ruling took legal effect upon adoption, with cassation appeals possible only in exceptional circumstances under Ukraine’s administrative procedural code. Its report did not specify the ruling’s date or whether the discharge order had been carried out.
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