TCC Can Mobilize a Reserved Person if They Fail to Notify About Their Reservation.

Territorial recruitment and social support centers can mobilize even a reserved person if they do not report their reservation. This conclusion was reached by the Transcarpathian District Administrative Court.

As noted, an unfit and reserved man filed a lawsuit against the border guards who detained him at the border and sent him to the TCC, from where he was sent to a military unit.

The man noted that complaints to the military medical commission and the fact of his military registration in the TCC were not taken into account as unfit

The TCC reported that the man did not inform them of his status, did not provide documents, and there was no information about this in the "Oberig" app.

The court ruled that those who have a reservation or a deferment from military service are obliged to report this independently, "by taking active steps to register in the TCC accordingly."

As noted, the right to deferment from military service must be exercised by the conscript through taking active measures and registering in the appropriate manner with the TCC. At the same Time, the realization of such a right can only be done before acquiring the status of a serviceman.

In this case, the court denied the man because he did not inform the TCC in time, that is, he did not use the opportunity to exercise the right to deferment.

However, judging by the court's decision, the General Staff of the Armed Forces of Ukraine was instructed to organize the implementation of the reservation order within a 3-day period to the relevant TCCs.

Case Circumstances

The man filed a lawsuit against the border detachment (military unit), in which he asked to cancel the mobilization order, the nominal list, in terms of his conscription for military service and transfer for military service, as well as to cancel the order to include him in the personnel lists.

It is noted that on February 8, 2024, he intended to cross the border legally, but was detained and taken to the TCC, where he underwent a medical commission. During the medical examination, the plaintiff's health condition was not examined, and complaints and the fact of being on military registration with the TCC as unfit for military service were not taken into account.

Moreover, the plaintiff was reserved by LLC "F". Despite this, after passing the medical examination, the plaintiff was taken to a military unit for military service.

What the Court Decided

The court found that on February 11, 2024, the plaintiff was served with a summons, in which he was obliged to appear at the TCC. On the same day, he was recognized as fit for military service by the MMC. On the same day, February 11, 2024, the plaintiff was given a mobilization order, which he refused to sign.

On the same day, February 11, the plaintiff was conscripted and sent for military service with the unit's commands. On February 14, 2024, the plaintiff was listed on the personnel lists.

Moreover, according to the provisions of the Rules for military registration of conscripts, those liable for military service, and reservists, approved by the Cabinet of Ministers of Ukraine on December 30, 2022, No. 1487, conscripts, those liable for military service, and reservists must, among other things, personally notify within seven days the authorities where they are registered for military service of changes in personal data specified in Article 7 of the Law of Ukraine "On the Unified State Register of Conscripts, Those Liable for Military Service, and Reservists", as well as provide the said authorities with documents confirming the right to deferment from conscription during mobilization on grounds specified in Article 23 of the Law "On Mobilization Preparation and Mobilization".

That is, in order to keep a special record of those liable for military service and reservists who have the right to deferment from military service during mobilization, the latter are obliged to timely notify the authority where they are registered about the presence of such grounds.

Therefore, the right to deferment from military service must be exercised by those liable for military service through taking active measures and registering them in the appropriate manner by the authorized body (in particular, the district TCC). At the same time, the realization of such a right can only be done before acquiring the status of a serviceman.

Recall that it was previously reported that many conscripts liable for military service with the right to deferment, and who submitted the relevant documents to the TCC, received the right to it until August 12. That is, the duration of their deferment will expire in a few days.