The Territorial Recruitment Center denied a deferral to a man who was the sole caregiver of his disabled brother: the case was reviewed by the court
The Zhytomyr District Administrative Court concluded that the Territorial Recruitment Center unjustifiably denied a conscript a deferral from mobilization due to caregiving for his brother with a disability of group II. The court found that the documents submitted by the applicant confirmed both the brother's need for constant care and the circumstances indicating the mother's inability to provide such care. As a result, the decision of the TRC commission was canceled, and the deferral application was ordered to be reconsidered.
Case circumstances
The plaintiff applied to the TRC with a request for a deferral from conscription during mobilization based on paragraph 14 of part one of article 23 of the Law "On Mobilization Preparation and Mobilization." He stated that he provides constant care for his brother, who is a person with a group II disability and requires external assistance.
In December 2025, the TRC commission refused to grant the deferral. The refusal notice stated that the submitted documents did not allow establishing the circumstances necessary to confirm the right to a deferral, particularly regarding the possibility of first-degree family members providing care for the disabled person.
Disagreeing with this decision, the conscript appealed to the court.
Circumstances established by the court
During the case review, the court established that the plaintiff's brother has had a group II disability since 2013. Additionally, medical commission conclusions confirmed that due to a mental disorder, he requires constant external care. The case materials also contained an act confirming that the plaintiff provides constant care for his brother.
The court also found that the brothers' father had died. The mother has a group III disability, and the provided medical certificate indicates that due to her health condition, she cannot provide care for others.
Legal position of the court
The court analyzed the provisions of paragraph 14 of part one of article 23 of the Law "On Mobilization Preparation and Mobilization," according to which the right to a deferral may be granted to second-degree family members of a person with a group I or II disability who provide constant care, provided there are no first-degree family members or circumstances preventing them from providing such care.
After examining the submitted documents, the court concluded that at the time of applying to the TRC, the plaintiff provided sufficient evidence confirming the legal conditions for obtaining a deferral. Therefore, the grounds on which the commission based its refusal were deemed unfounded by the court.
The court also noted that the defendant did not submit a response to the claim and did not prove the legality of its decision, although the burden of proof of legality in such disputes lies with the authority.
Court decision
The Zhytomyr District Administrative Court recognized the TRC commission's refusal to grant a deferral from conscription during mobilization as unlawful and canceled it. The court also obliged the Territorial Recruitment Center to reconsider the conscript's application dated December 22, 2025, taking into account the conclusions set out in the court decision. Additionally, 1,064.96 UAH of court costs were awarded in favor of the plaintiff.
At the same time, the court did not grant the deferral directly. In case No. 240/4142/26, the court concluded the refusal was unlawful and chose as a remedy the obligation of the TRC to reconsider the application after proper evaluation of all submitted documents and established circumstances.
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