“The Supreme Court of Ukraine made a significant decision in the case of a mobilized, which was called up to the army in violation. The judges decided that this does not mean automatic dismissal of a person from military service. As the Supreme Court of Ukraine reported on March 17, he considered the case on the claim of a serviceman who appealed the actions of the district territorial center of acquisition and the military unit for his conscription. The plaintiff claimed”, – WRITE ON: ua.news
The Supreme Court of Ukraine made a significant decision in the case of a mobilized, which was called up to the army in violation. The judges decided that this does not mean automatic dismissal of a person from military service.
As the Supreme Court of Ukraine reported on March 17, he considered the case on the claim of a serviceman who appealed the actions of the district territorial center of acquisition and the military unit for his conscription. The plaintiff claimed that his rights were violated due to the non -medical examination before mobilization.
The court of first instance, with which the court of appeal agreed, found unlawful actions of the district shopping center on the plaintiff’s conscription during the mobilization and obliged the military unit to be released from military service, which, in the opinion of the courts of both instances, is a proper restoration of the violated rights of the plaintiff.
However, the Supreme Court stressed that the restoration of the infringed right should take place within the disputed legal relationship with the participation of their participants – between the district shopping center and the plaintiff, not the military unit from which the person was required to be dismissed. In this case, the conscription procedure has already taken place, it is irreversible and cannot be canceled.
In addition, the Supreme Court noted that the non -medical examination is not evidence of the plaintiff’s unfit for military service and is not a ground for dismissal from military service in accordance with Article 26 of the Law of Ukraine “On Military Duty and Military Service”. Thus, the decision of the previous courts was declared false.
Earlier, the chairman of the Supreme Court pointed to the trend of increased desertion in the army.
The Ivano-Frankivsk City Court allowed a serviceman who left the military unit unauthorized without punishment to return to the front. He was threatened with 5 to 10 years in prison.
