In Kyiv, the court refused to postpone conscription for a military reservist whose brother died from a missile strike – reason given
The Kyiv District Administrative Court considered, in simplified proceedings, an administrative case filed by a military reservist against the Commission for the Consideration of Postponement from Military Service during Mobilization at the Territorial Recruitment and Social Support Center, seeking to declare unlawful and cancel the decision.
Case circumstances
The plaintiff applied to the commission with a request for postponement from conscription during mobilization under paragraph 4 of part 3 of article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization," as the brother of a person who died as a result of military actions.
The application included documents confirming family ties (birth certificates), the fact of the brother's death (medical death certificate dated 27.06.2022, certificate of cause of death), and circumstances of death – injuries caused by an explosion during a missile attack on Kyiv. The plaintiff also noted that he had previously been granted a postponement on these grounds in 2024.
The commission reviewed the application and by protocol No. 37 dated 10.10.2025 refused to grant the postponement, citing "no grounds for postponement." The plaintiff was notified of the refusal by message No. 05/7204 dated 10.10.2025. The commission held that for the application of paragraph 4 of part 3 of article 23 of the Law, the death of a close relative must be connected with military service or direct participation in measures to ensure national security and defense, repulse and deterrence of armed aggression, which was not confirmed in the case materials.
The plaintiff appealed the commission's decision, considering it formal and unmotivated, referring to the practice of the Third Administrative Court of Appeal.
Court decision
The Kyiv District Administrative Court in case No. 320/63792/25 denied the administrative claim in full.
The court recognized that the commission's decision to refuse postponement was lawful.
The court established that paragraph 4 of part 3 of article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization" provides for postponement for military reservists "whose close relatives (husband, wife, son, daughter, father, mother, or full or half brother or sister) died or went missing during measures to ensure national security and defense, repulse and deterrence of armed aggression of the Russian Federation in Donetsk and Luhansk regions, as well as during ensuring national security and defense, repulse and deterrence of armed aggression against Ukraine during martial law."
The court concluded that the provision links the right to postponement not only to the fact of the death of a close relative during martial law but specifically to their death (or disappearance) during measures to ensure national security and defense. The death of a civilian as a result of an explosion during shelling, without confirmation of the deceased's participation in such measures, is not sufficient grounds for postponement.
The court noted that the documents provided by the plaintiff confirm only family ties and the fact of death due to injuries from military actions but do not contain evidence that the deceased was involved in defense measures. Previous granting of postponement in 2024 does not create an unconditional right to its extension, as each application is considered independently.
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