A conscripted resident of Lviv region won a lawsuit against the district military recruitment center due to their disregard for his application for a deferral from conscription during mobilization. The plaintiff is a university student who sent his documents by mail, but the military recruitment center insisted on his personal presence.
According to the decision of the Lviv District Administrative Court, which was published in the court registry, the plaintiff is studying at Drohobych Ivan Franko State Pedagogical University and in July 2024, he applied to the military recruitment center for a deferral from conscription during mobilization. He sent the documents and application by mail; however, they were not reviewed, and instead, a representative of the military recruitment office stated that he needed to come in person to the center to obtain the deferral. The conscript disagreed with this and turned to the court.
This case was examined by Judge Iryna Chaplyk, who reviewed all materials and arguments from both sides.
“Neither Order No. 1487 nor Order No. 560 stipulates the obligation for personal attendance at the military recruitment center and the State Recruitment Office to submit an application and documents for a deferral from conscription during mobilization. Therefore, the plaintiff followed the procedure for personal submission (sending) of documents which, in his opinion, confirm his right to a deferral from conscription during mobilization,” the judge stated.
The judge recognized the inaction of the military recruitment center representatives as unlawful since the plaintiff's application was not properly considered. They were ordered to re-examine the documents and either grant the plaintiff a deferral or provide a reasoned refusal.