The military unit denied a soldier's request for discharge due to family circumstances—specifically, caring for his mother who has a second-degree disability. The soldier disagreed with this decision and won the case in court. The command was ordered to discharge the soldier from service.
As indicated in the decision of the Lviv District Administrative Court, which was published in the court registry, the case was brought by mobilized soldier Ivan V. He stated that in September 2024, he submitted a report for discharge from military service due to the need to care for his mother with a second-degree disability, but his request was denied.
A representative of the military unit informed the court that the examination act provided by the plaintiff did not indicate a need for constant care for his mother, and the conclusion of the medical commission recommended providing social services for care on a non-professional basis. According to the respondent, the document “does not confirm the need for constant care for the purposes of applying paragraph 13 of section 3 of part 12 of article 26 of the Law of Ukraine on Military Duty and Military Service.” The representative also emphasized that the soldier did not provide documents proving that his mother had no other relatives “of the first or second degree of kinship.”
This case was examined by Judge Andriy Lankevych, who reviewed all materials and arguments from both parties. The judge determined that the conclusion submitted by the plaintiff from the medical commission met all requirements. The plaintiff’s father had passed away, thus the care for his mother with a second-degree disability was provided by the plaintiff himself. The representative of the military unit did not specify which document the soldier should submit to confirm the absence of other family members.
“The stated circumstances, in the court's opinion, lead to an unjustified restriction of the plaintiff's right to be informed about the necessity of providing documents from a comprehensive list, rather than any documents at his discretion,” the court's decision reads.
The judge fully granted the claim of soldier Ivan V., recognizing the unlawful inaction of the military unit regarding the refusal to discharge him from service. The command was ordered to make a decision about discharging the soldier due to family circumstances. An appeal can still be filed against the court's decision.