Intern Doctor Mobilized Despite Having the Right to Deferment: Court Explained Why It Took the Side of the Territorial Recruitment Center
The Zaporizhzhia District Administrative Court considered case No. 280/7573/25 filed by an intern doctor against the Territorial Recruitment and Social Support Center and a military unit regarding the recognition of the illegality and cancellation of the order for conscription into military service during mobilization, as well as the obligation to release him from military service and remove him from the personnel lists of the military unit.
The court examined whether the mere fact of studying in an internship is sufficient grounds to recognize the conscription during mobilization as illegal if the person did not apply to the Territorial Recruitment and Social Support Center with a request for deferment and did not formalize it in accordance with the law.
Case Essence
The plaintiff stated that he is undergoing an internship under a state order at the Zaporizhzhia State Medical and Pharmaceutical University and simultaneously undergoing practical training as an intern doctor in surgery at the communal non-commercial enterprise "Zaporizhzhia Regional Clinical Hospital" from August 5, 2024, to July 31, 2027.
He claimed that while passing through Ternopil, he was stopped at a checkpoint and taken to the Territorial Recruitment and Social Support Center. The plaintiff asserted that he provided the TRSSC representatives with documents confirming his internship and practical training, but he was sent to a military-medical commission, after which he was declared fit for military service and registered for military accounting.
The plaintiff indicated that the medical examination was conducted improperly and emphasized that as a person enrolled in an internship, he belongs to the category of citizens who, according to paragraph 1 of part three of article 23 of the Law "On Mobilization Preparation and Mobilization," are not subject to conscription during mobilization. On these grounds, he requested the cancellation of the conscription order and his assignment to the military unit, as well as the obligation of the military unit to release him from military service.
At the same time, the Territorial Recruitment and Social Support Center opposed the claim. The defendant stated that during the verification of the plaintiff's military registration data, he was registered for military service and sent to undergo a military-medical commission. Based on the medical examination results, he was recognized as fit for military service.
The defendant also emphasized that the plaintiff did not apply with a request for deferment from conscription and was not reserved in accordance with the established legal procedure. Therefore, an order was issued for his conscription into military service during mobilization and assignment to the military unit, where he was included in the personnel lists.
The court established that the fact of the plaintiff undergoing an internship and practical training at the healthcare institution is confirmed by the relevant certificates from the educational institution and hospital. At the same time, the case materials also confirmed that the plaintiff was registered for military service, and by order of the head of the Territorial Recruitment and Social Support Center, he was conscripted into military service during mobilization and assigned to the military unit.
Court's Position
The court noted that Article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization" indeed provides the right to deferment from conscription during mobilization for persons enrolled in internship training.
However, the verification of grounds for deferment and its formalization are carried out by the Territorial Recruitment and Social Support Centers. To exercise this right, the conscripted person must personally submit an application and documents confirming the grounds for deferment.
The court referred to the provisions of the Procedure for Conscription of Citizens for Military Service during Mobilization, approved by the Cabinet of Ministers Resolution No. 560 dated May 16, 2024, according to which the commission at the TRSSC reviews applications and documents, assesses the legality of grounds for deferment, and makes decisions on granting or refusing it.
The court also cited the legal position of the Supreme Court set out in the ruling dated April 11, 2024, in case No. 520/7954/22, according to which the right to deferment from conscription must be exercised by the conscripted person through active actions and formalized by the authorized body in the prescribed manner. The exercise of such a right is possible only before the person acquires the status of a serviceman.
Court Conclusions
The court found that the plaintiff did not provide evidence of applying to the Territorial Recruitment and Social Support Center with a request for deferment and did not confirm that such deferment was formalized in the manner prescribed by law.
In the court's opinion, the mere existence of the right to deferment does not automatically indicate its realization and does not mean that the person is exempt from conscription during mobilization.
In view of this, the court concluded that the order of the head of the Territorial Recruitment and Social Support Center on the plaintiff's conscription into military service during mobilization and his assignment to the military unit was lawfully issued. The court also recognized as lawful the order of the military unit commander to include the plaintiff in the personnel lists.
Moreover, the court rejected the plaintiff's arguments regarding alleged illegal detention and delivery to the Territorial Recruitment and Social Support Center, as such circumstances were not supported by proper and admissible evidence.
Based on the case review, the Zaporizhzhia District Administrative Court denied the claim in full.
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