Main points
- The Seventh Administrative Court of Appeals ruled illegal the mobilization of a man who had a valid deferment to care for his disabled father.
- The Court of Appeal overturned the decision of the Chernivtsi District Administrative Court, confirming the illegality of mobilization and canceling the orders for enrollment in the military academy.
ASC / Action
The Seventh Administrative Court of Appeal declared the mobilization of a man who, at the time of his conscription, had a valid deferment from service due to the need to care for his father with a group II disability illegal.
This is reported by the Judicial and Legal Newspaper.
What decision did the court make?
The plaintiff demanded that the order of the head of the territorial recruitment center on his mobilization and assignment to service, as well as the order on his enrollment in the lists of personnel of the Ukrainian Military Medical Academy, be declared illegal and canceled.
The courts found that on February 7, 2025, the CCC granted the man a deferment from mobilization until November 5, 2025. The basis was a norm that allows a deferment for persons caring for parents with disabilities of group I or II.
The case materials confirm that the plaintiff's father has a group II disability, requires external care, and lives with his son.
On October 30, 2025, the man applied to the Center for Administrative Services in Chernivtsi to extend the deferral. While at the ASC, he was taken to the CCC by police officers. On the same day, an order was issued for mobilization and referral to the Ukrainian Military Medical Academy.
Subsequently, by order of the head of the academy dated November 1, 2025 No. 344 (on the combat unit), he was included in the lists of personnel and appointed as a cadet of the faculty of retraining and advanced training.
The Chernivtsi District Administrative Court partially satisfied the claim. It declared the order of the head of the CCC on the mobilization of the plaintiff as illegal and annulled it, as well as the order of the head of the Ukrainian Military Medical Academy on his inclusion in the personnel lists.
Arguments of the appeal
The Academy filed an appeal. The complaint stated that it did not receive the statement of claim and was not properly notified of the case.
According to the defendant's representatives, the court of first instance involved the academy in the process as a co-defendant, but made a decision on the merits on the same day. As a result, the institution was deprived of the opportunity to file a response to the lawsuit and present its evidence.
The Court of Appeal agreed that the defendant's procedural rights were violated during the trial.
The panel of judges found that the court of first instance formally involved the Ukrainian Military Medical Academy in the case, but in fact did not give it the opportunity to exercise its procedural rights, in particular to submit written objections.
According to the norms of the Code of Administrative Procedure, the adoption of a decision regarding the rights and obligations of a person who was not properly involved in the process is grounds for the cancellation of such a decision.
In view of this, the appellate court overturned the decision of the Chernivtsi District Administrative Court and adopted a new resolution.
At the same time, the court confirmed that the very fact of mobilization was illegal.
The panel of judges found that at the time of the call-up, the deferral from mobilization remained in effect and its term had not yet expired. In the presence of such a deferral, the call-up of a person to military service during the relevant period is impossible.
The court also noted that the plaintiff's inclusion in the personnel lists of the Ukrainian Military Medical Academy was the result of an illegal decision on mobilization.
As a result, the Seventh Administrative Court of Appeal partially satisfied the appeal, overturned the decision of the court of first instance, and adopted a new resolution, partially satisfying the claim.
The court declared the plaintiff's mobilization order and his assignment to the Ukrainian Military Medical Academy illegal and annulled it, as well as the order of the head of the academy dated November 1, 2025 No. 344 (on the military unit) regarding the man's enrollment in the personnel lists.
The remaining part of the claims were dismissed.
The decision of the Court of Appeal entered into force on February 24, 2026. It can be appealed in cassation.
A man who wrote online about the relocation of the Central Trade Center was convicted in the Odessa region
-
In the Odessa region, the administrator of a Telegram channel was convicted for publishing information about the movements of representatives of the CCC and the Joint Forces, which hindered the lawful activities of the Armed Forces of Ukraine.
-
The court found him guilty and sentenced him to 5 years in prison with probation.