The Supreme Court has decided whether mobilization in violation of the law exempts from military service
17 March 18:55
The Criminal Court of Cassation of the Supreme Court has ruled that conscription for military service is irreversible, even if the mobilization procedure was carried out with violations.
This is stated on the website of the Supreme Court, Komersant ukrainskyi reports.
The judges considered the case of a soldier who sued the district territorial center for recruitment and social support, as well as the military unit. According to the man, he did not undergo a medical examination during the draft.
The court of first instance, with which the appellate court agreed, found that the man’s conscription procedure was violated and ordered the military unit to discharge him from service. According to the courts of both instances, this would be the restoration of the plaintiff’s violated rights.
However, the Supreme Court concluded that dismissal from military service goes beyond the disputed legal relationship between the district MCC and the joint venture and the plaintiff.
“Such a way of protecting the violated right will interfere with other legal relations regulated by other legal norms that were not investigated by the courts of previous instances, and will create a situation of non-enforcement of the court decision,” the Supreme Court explained.
The Supreme Court emphasized that the procedure for calling a person liable for military service during mobilization is irreversible, i.e., one that has already taken place, and the recognition of the draft procedure as unlawful does not exempt from service.
In addition, they added that the mere fact of failure to undergo a medical examination during conscription is not evidence of the plaintiff’s unfitness for military service and is not a ground for dismissal from military service.
As a reminder, the Supreme Court has recognized that the day of departure to a military unit with the TRC and JV is considered the beginning of military service, and not the fact of taking the military oath.
