The Rivne court ruled in favor of a conscript who was denied a deferment from mobilization by the Territorial Recruitment Center

The Rivne District Administrative Court has upheld a claim by a man eligible for military service who was denied a deferral from mobilization.

This information was reported in the Unified State Register of Court Decisions.

The man submitted an application to the territorial recruitment center based on Article 23, Part 1, Clause 9 of the Ukrainian Law “On Mobilization Preparation and Mobilization,” seeking a deferral due to the need for constant care of his elderly parents. He argued that he was the only person available to care for them, as his sister lives in the United States and is unable to provide assistance.

The recruitment center commission denied his request, citing the presence of other capable family members, namely his sister, who resides abroad. The man then appealed to the court.

He provided documents confirming his parents’ need for constant care, as documented by local council acts indicating his parents had lost the ability to care for themselves and required external assistance. Additionally, he demonstrated that he lives near his parents, enabling him to provide ongoing care.

The court concluded that the decision by the recruitment center was unjustified, as it failed to consider all presented evidence, including the sister’s residence abroad. The commission also neglected to make additional requests for information from relevant registries, which could have validated the plaintiff’s right to a deferral.

As a result, the court overturned the recruitment center’s decision and affirmed the plaintiff’s right to deferment from military service.

Previously, reports indicated that, in most cases, courts have been overturning fines issued by recruitment centers under the new mobilization rules.