In Prykarpattia, the TRC mobilized an employee of a state enterprise, despite the presence of a reservation

In Prykarpattia, the TRC mobilized an employee of a state enterprise, despite the presence of a reservation

An employee of a state enterprise, who was mobilized for military service despite being exempt, won a court case in Prykarpattia. He succeeded in having his conscription annulled and compelled the military unit to remove him from the personnel list.

As stated in the decision of the Ivano-Frankivsk District Administrative Court, which was published in the court register in December 2024, a mechanic who works at a state enterprise specializing in the development, production, and modernization of weapons and military equipment for the Armed Forces of Ukraine, filed the lawsuit. He reported that his employer had secured an exemption from mobilization, confirmed by an extract from the Ministry of Economy’s order. However, despite the exemption, the Territorial Recruitment Center (TRC) mobilized him for military service.

In the lawsuit, the applicant from Prykarpattia stated that he had an exemption until August 1, which was automatically extended for three months – until November 2024. He did not have the extract confirming the exemption and deferral, which would have been valid from August 1, 2024 (although the exemption was valid because it was automatically extended). According to the plaintiff, on August 11, TRC staff took advantage of this situation and mobilized him for military service. The man filed a lawsuit against the TRC and the military unit to annul the conscription and be released from service.

TRC staff filed a response to the lawsuit, stating that the plaintiff did not have a military registration document on him, which led to his being taken to the military enlistment office and sent for a military medical examination. The response stated that he "did not provide any evidence of completing the procedure for obtaining a deferral from conscription for military service due to mobilization in connection with the exemption."

This case was reviewed by Judge Oleksandr Chupryna, who examined all materials and arguments of the parties. The judge established that at the time of mobilization, the plaintiff had a deferral and exemption according to the order of the Ministry of Economy. He also emphasized that TRC staff must verify the presence of a deferral and the grounds for obtaining it.

The judge declared the order for the plaintiff’s mobilization illegal and annulled it, as well as his assignment to the military unit. The military unit was compelled to remove him from the personnel list. The decision is subject to appeal.