“The Supreme Court of Cassation Judge and the Supreme Court Andriy Zagorodniuk claims that unlawfully mobilized Ukrainians are able to be dismissed from the court. Source: Zagorodniuk in a comment to the Interfax-Ukraine Agency Details: answering the question of whether the formulation in the recently published decision of the CAS “CAS” The procedure of conscription is irreversible “, which is mobilized in any case remaining at the front, even if it was not at all.”, – WRITE: www.pravda.com.ua
Source: Zagorodniuk in a comment on Interfax-Ukraine
Details: Answering the question of whether the formulation means in the recently published decision of the CAS “The Call Procedure for Military Service is irreversible” that the mobilized in any case will remain on the front, even if he was not subject to mobilization at all, Zagorodniuk said: “Of course, not.”
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Direct language: “Each case has its own peculiarities, its individual circumstances, which are established on the basis of evidence. In this case, the Supreme Court drew attention to the fact that the chosen method of protection did not correspond to the content of the disputed legal relationship-was ineffective, because the main focus of the plaintiff-serviceman was that he had not passed.”
Details: Zagorodniuk added that in this case the serviceman served for almost a year, “then mentioned that he did not pass the VLK.” “Every circumstance in the case affects the results of the dispute. To say that the mobilized, which has the fact of such a violation as a non -receipt of the VLK, will necessarily remain on the front,” it is wrong, “the judge said.
He noted that the said court decision is not exemplary, and the courts may deviate from it. “The circumstances are different, the evidence is different, so the courts can make other decisions that will answer the disputed questions,” the judge explains.
Direct language: “It is necessary not to be afraid, but to use qualitative legal assistance. In case of signs of violation – be sure to go to court, because the purpose of administrative justice is to protect human rights and freedoms, including in cases of lawsuits of military, those who are subject to mobilization and those who are already passing.”
Details: As the judge -speaker summarized, this decision of the CAS of the Armed Forces is not a “sentence” for those who were mobilized in violation of the procedure: “In no case. On the contrary. On the contrary: the court emphasizes that it cannot be recognized as a legal arbitrary decision Zagorodniuk.
That preceded: On March 17, the Cassation Administrative Court in the Supreme Court published its decision, which recognized the procedure of conscript for military service during the mobilization irreversible, and noted that the recognition of the conscription procedure was not entitled to be released from military service.
The court reached such a conclusion in the case on the claim of a serviceman to the district territorial center of acquisition and social support demanding demobilization, as he was called up for military service with violations: he did not undergo a physical examination during the call.