The conscription of a person liable for military service during mobilization is irreversible, Ukraine's Supreme Court ruled on March 17, following a lawsuit by a serviceman who claimed he had been drafted illegally.
The man claimed that the enlistment office's actions were unlawful because he had not undergone a medical examination before going to the military unit. According to the man, he was allegedly unfit for service.
According to Ukrainian law, a conscript must undergo a medical examination before joining the army to determine whether they are fit for military service.
The court of first instance found the actions of the enlistment office workers during conscription unlawful and ordered the military unit to discharge the conscript from service. The Appeal Court upheld the decision.
However, the Supreme Court ruled that the military unit could not discharge the person liable for military service, as this went beyond the scope of the claim regarding the actions of the enlistment office during the conscription.
According to the Supreme Court, the procedure for calling a person liable for military service during mobilization is irreversible. Recognition of the procedure of conscription as unlawful does not entail the restoration of the person's previous position.
According to the statement, the claimant also violated Article 26 of the Ukrainian Law "On Military Duty and Military Service" by failing to undergo a medical examination
There have been multiple cases of suspected abuses committed by enlistment officials toward civilians and conscripts since Ukraine started a large-scale mobilization after the full-scale Russian invasion in 2022.
Chernivtsi Oblast's police said on Feb. 7 that they are investigating the circumstances surrounding the death of a 32-year-old man at a regional military enlistment office.
The incident follows reports on the deaths of conscripts allegedly caused by beatings at military enlistment offices.
In June 2024, the Zhytomyr Oblast military enlistment office launched an investigation after Serhii Kovalchuk, 32, died following his stay at the Zviahel military enlistment office.
Kateryna Hodunova
