Without a summons, a medical examination board and documents: how the MCC sent a man to the army and what the court decided

The man was mobilized into the army without any official call. He was given neither a call nor any document on military registration or conscription. The TCC did not issue any papers, although they were supposed to do so. They just came and took him away.

Circumstances of the case

The man filed a lawsuit because he believed he had been illegally mobilized. He sued the MCC and the military unit for the unlawfulness of his conscription and enlistment. Initially, the District Administrative Court dismissed the claim. However, the man did not give up and appealed to the Court of Appeal. And this has already had a result.

On April 16, 2025, in case 560/8465/24, the Seventh Administrative Court of Appeal declared the actions of the TCC illegal. The court confirmed that the mobilization was carried out with violations.

What exactly did the TCC violate?

The court explained that mobilization is not a chaotic action of state bodies that is carried out at their own discretion. It must be carried out in accordance with the rules established by law, which are valid even during the war. The TCC is obliged to comply with the law. But in this case, they did not issue any of the necessary documents and did not check whether the person was fit for service. In short, they did everything «on the knee».

It became known from the case file that the man was already in the MCC on April 29, 2024, and that day an order was issued to send him to a military unit. However, neither the district nor the appellate court was shown a single document that would explain how he ended up there and on what grounds he was sent to the army. This is a gross violation of the law.

The court found that the man had not been sent any summonses. According to the law, a person can only be summoned to the MCC officially – through a summons or a mobilization order. If a person has not received such documents, he or she is not obliged to come anywhere. In this case, the man was forced to report to the CCC without any right to do so.

Thus, no mobilization order was issued for him. In addition, the man was not given a full medical examination as required by law. In fact, the medical certificate from the MEC was dated April 30, and the order to send him was issued — a day earlier (April 29). That is, he was first sent to the army, and only then was his health checked. This is completely contrary to the law. On May 1, the plaintiff was sent to the military unit.

There was also no evidence that the plaintiff had received a military ID card, as required by law. And yet — the MCC had no right to send a person to the unit on its own. According to the procedure, there must first be a collection point of the regional MCC.

In fact, the defendant provided the court with only 2 documents:

• an extract from the order of the Head of the TCC (for the military unit) dated 01.05.2024;
• a printed copy of the registration card to the military card (military registration document).

There are no other records and/or documents registered in the Unified State Register of Conscripts, Persons Liable for Military Service or documentation regarding the plaintiff in the case file. At the same time, some of the documents were provided only to the court of appeal. At the time of the trial in the court of first instance, these documents were not available.

Court decision

Thus, the Seventh Administrative Court of Appeal recognized that the actions of the TCC were unlawful and illegal and partially satisfied the man’s claim. However, even after such a decision, the man still cannot be dismissed from the service.