The Territorial Recruitment and Social Support Center Ignored the Single Father's Application for a Deferral Sent by Mail: Court Decision

The Donetsk District Administrative Court considered a case filed by a conscripted individual against the Territorial Recruitment and Social Support Center regarding the improper consideration of an application for an extension of the deferral from conscription during mobilization and registration for military service. The court had to determine whether the Center was obliged to review the submitted application and make a corresponding decision based on it, as well as whether the inaction in failing to verify the grounds for granting the deferral was unlawful.

Circumstances of the Case

The plaintiff submitted a written application to the Center requesting a new deferral from conscription during mobilization. The application was sent by mail and received by the defendant. Justifying his right to the deferral, the applicant stated that he is raising his daughter alone, who has reached adulthood but continues full-time education. He referred to Articles 198 and 199 of the Family Code of Ukraine, which stipulate that parents are obliged to support adult children who continue their education and require financial assistance until they reach 23 years of age.

Documents were attached to the application, which, according to the applicant, confirmed the right to extend the deferral, including a court decision depriving the mother of parental rights, military registration documents, the daughter's birth certificate, and a certificate of her education. Despite receiving the application, the Territorial Recruitment and Social Support Center did not consider it nor inform the applicant of any decision. This circumstance became the basis for the court claim demanding recognition of the inaction as unlawful, obliging the Center to enter the relevant information into the register and register him for military service.

Court's Position

The court noted that Article 23 of the Law "On Mobilization Preparation and Mobilization" defines categories of citizens entitled to deferral from conscription during mobilization. At the same time, the procedure for exercising this right is regulated by the Procedure for Organizing and Maintaining Military Registration, approved by Cabinet of Ministers Resolution No. 1487, and the Procedure for Conscription of Citizens for Military Service during Mobilization, approved by Cabinet of Ministers Resolution No. 560.

The court pointed out that according to paragraph 58 of Procedure No. 560, a conscripted person submits an application for deferral along with supporting documents, and such an application must be registered. Upon receipt, the commission must examine the documents, verify the legal grounds for the deferral, and within the established timeframe make a decision to grant or deny the deferral. The decision is formalized by a protocol, and the applicant must be informed of the results.

The court emphasized that neither Procedure No. 1487 nor Procedure No. 560 requires personal attendance at the Center to submit a deferral application. Therefore, sending the application by mail cannot be a reason for its non-consideration. The court concluded that the applicant properly exercised his right to submit the application and documents to resolve the issue of extending the deferral.

The court also noted that Territorial Recruitment and Social Support Centers, within their authority, are obliged to consider citizens' appeals, resolve issues regarding deferrals, and make appropriate decisions. After receiving the application and documents, the defendant was required to make a decision to grant or deny the deferral, as such decisions must be properly formalized and have legal consequences for the applicant.

Since the defendant did not consider the application or make any decision, the court found that there was unlawful inaction by the authority. The court stressed that inaction is the failure to perform an action that the body is obliged to carry out within the timeframe established by law. In this case, such inaction consisted precisely in the failure to consider the deferral application and to verify the grounds for granting it.

Furthermore, the court noted that paragraph 60 of Procedure No. 560 requires mandatory verification of the grounds for granting a deferral using the Unified State Register of conscripts, conscripted persons, and reservists. The case materials did not contain evidence of such verification. Therefore, the court recognized the defendant's inaction in failing to verify the grounds for granting the deferral as unlawful.

At the same time, the court refused to recognize the inaction regarding the extension of the deferral period as unlawful because the defendant did not conduct any verification of the grounds for granting it and did not establish the presence or absence of the corresponding right. Under these circumstances, the court could not substitute itself for the competent authority and decide on the deferral on the merits. Similarly, the court found the demand to oblige the defendant to register the applicant for military service premature, as the relevant application had not yet been considered by the authorized body.

Court Conclusions

In case No. 200/1720/26, the Donetsk District Administrative Court concluded that the Territorial Recruitment and Social Support Center committed unlawful inaction by failing to verify the grounds for granting the deferral and by not considering the application for its extension.

The court obliged the defendant to consider the applicant's application dated February 18, 2026, conduct the necessary verification, and then make a decision on extending the deferral from conscription during mobilization or provide a reasoned refusal in accordance with the requirements of Procedure No. 560. The defendant must also resolve the issue of registering the applicant for military service. The court denied the other claims.

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