The reservist canceled his mobilization through the court — he was already in service

A person liable for military service, who was booked by the company at the time of the call-up, canceled his mobilization through the court. At the time of the hearing, he was already in military service.

A resident of Rivne region was mobilized in 2024 despite the fact that he worked at an agricultural enterprise and had a deferral from mobilization, i.e. was booked. He considered the mobilization illegal and demanded to be discharged from service.

The plaintiff had been working at the company since July 2024, and in August, the employer duly notified the CCC of his reservation. However, in November, the man was mobilized, ignoring the fact that he had a corresponding deferral.

The court found that, when the order to call the plaintiff to military service was issued, the CCC was aware of his right to a deferment. The representative of the TCC did not file a response to the man’s claim, which was fully satisfied. The court ruled to declare unlawful and cancel the order on military service. The military unit is obliged to discharge the plaintiff from service.

As a reminder, earlier the court confirmed the legality of the mobilization of another booked husband, who was also disabled. The decision referred to the improper informing of the MCC about the right to deferment that the plaintiff had at the time of the call-up. In another case The Supreme Court of Ukraine dismissed the appeal against the summons and recognized the delivery of the summons as a fact that cannot be challenged.

Source: «Judicial and legal newspaper»