Student submitted a deferral application by mail, and the Territorial Recruitment Center refused to consider it: court decision

The Odesa District Administrative Court reviewed case No. 420/21786/25 concerning the appeal against the inaction of the Territorial Recruitment and Social Support Center, which did not consider the application of a conscript for a deferral from conscription during mobilization. The court had to determine whether the Territorial Recruitment Center had the right to leave the application unconsidered because it was submitted by postal service rather than during a personal visit to the recruitment center.

Circumstances of the case

The plaintiff is registered for military service and studies full-time at a higher education institution. At the end of May 2025, he sent an application to the Territorial Recruitment and Social Support Center requesting a deferral from conscription during mobilization, along with documents which, in his opinion, confirmed the relevant grounds. The application included certificates from the educational institution, information from the Unified State Electronic Database on Education, an extract from the enrollment order, and a copy of the military registration document. The application was sent by registered mail with an inventory of enclosures and was received by an authorized person of the Territorial Recruitment Center.

After receiving the documents, the Territorial Recruitment Center informed the applicant by letter that his request was not considered. The reason given was non-compliance with the document submission procedure, as the defendant believed the conscript had to personally submit the application and present the military registration document. The letter also invited the applicant to personally appear at the Territorial Recruitment Center with supporting documents to exercise the right to a deferral. At the same time, no decision was made by the commission regarding granting or denying the deferral.

Believing that the Territorial Recruitment Center unjustifiably did not consider his application and did not make the legally required decision, the applicant filed a lawsuit with the administrative court to recognize such inaction as unlawful and to oblige the center to consider the submitted application on the merits.

Position and conclusions of the court

The court noted that the law provides the right of a conscript to apply for a deferral from conscription during mobilization, and the commission established at the district (city) Territorial Recruitment and Social Support Center is obliged to consider the received application and documents, verify the presence of legal grounds for deferral, and make a decision to grant or deny the deferral. Such a decision must be formalized by a protocol, and the applicant must be informed of the results of the consideration.

Examining the provisions of the Procedure for conscription of citizens for military service during mobilization, approved by the Cabinet of Ministers Resolution No. 560, the court concluded that at the time of the plaintiff's application, this regulatory act did not specify a particular method of submitting documents for obtaining a deferral and did not require mandatory personal appearance at the Territorial Recruitment Center to submit the application. The court emphasized that the concept of "personally submit" is not identical to the concept of "personally appear." Moreover, the defendant did not dispute that the application was sent by the applicant himself and was actually received by authorized persons of the Territorial Recruitment Center.

The court also noted that personal presence of the conscript according to the provisions of the Procedure for organizing and maintaining military registration is necessary in cases explicitly provided by law, in particular during registration for military service. However, requirements for mandatory personal appearance to submit documents for deferral are not established by regulatory acts.

In the court's opinion, by sending the application and supporting documents by mail, the applicant complied with the procedure of personal submission of documents. Therefore, the defendant's arguments about improper method of application were rejected.

The Odesa District Administrative Court emphasized that after receiving the application, the Territorial Recruitment Center was obliged to consider it on the merits and make a decision to grant the deferral or provide a reasoned refusal. The letter sent to the applicant was purely informational and did not indicate a substantive resolution of the issue. The court noted that a public authority cannot refrain from making a decision on a matter within its exclusive competence.

The court concluded that the absence of a properly formalized decision to grant the deferral or a reasoned refusal indicates unlawful inaction of the Territorial Recruitment and Social Support Center. Therefore, the claim was satisfied. The court recognized the inaction of the Territorial Recruitment Center regarding the non-consideration of the deferral application as unlawful and obliged the center to consider the submitted application and, based on the results, make an appropriate decision in accordance with the requirements of Procedure No. 560.

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