Court denied man a deferral to care for mother with group II disability due to missing one document

The Cherkasy District Administrative Court dismissed the lawsuit of a conscripted individual who requested to recognize as unlawful the refusal of a deferral from conscription due to the need to care for a person with a disability and to oblige the commission to reconsider the application.

Case circumstances

The conscripted individual filed a lawsuit with the Cherkasy District Administrative Court against the commission for considering deferral requests from military service during mobilization for a special period of the Territorial Recruitment and Social Support Center and the Territorial Recruitment and Social Support Center itself, requesting:

• to recognize as unlawful and cancel the commission's decision No. 49 dated June 30, 2025, regarding the refusal to grant a deferral from military service during mobilization;
• to oblige the commission to reconsider the application and make a decision to grant a deferral from military service during mobilization based on paragraph 13 of part 1 of article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization."

The plaintiff justified his claims by stating that he applied to the commission for a deferral due to caring for his mother, who is a person with a group II disability. The application included a passport, taxpayer identification number, mother's passport, certificate from the medical and social expert commission, pension certificate, divorce certificate, birth certificate, and the mother's statement. The commission decided to refuse the deferral, citing the absence of documents confirming the right to a deferral or their copies certified in the prescribed manner, in accordance with paragraph 58 of the Procedure for conscription of citizens for military service during mobilization for a special period, approved by the Cabinet of Ministers of Ukraine resolution No. 560 dated May 16, 2024.

Court decision

The Cherkasy District Administrative Court considered case No. 580/7743/25 and decided to fully deny the administrative claim.

The court established that the plaintiff submitted the application and some documents to the commission. However, the application materials did not contain information or documents regarding the presence or absence of other persons who are not conscripted but are legally obliged to care for a person with a group II disability. Also, no documents were provided confirming the inability of other persons to provide such care, according to the list defined in appendix 5 to Procedure No. 560.

The court noted that according to paragraph 58 of Procedure No. 560, a conscripted individual is obliged to submit an application in the prescribed form along with documents confirming the right to a deferral. The commission is obliged to review the submitted documents, assess the legality of the grounds for granting a deferral, and make a decision to grant or refuse the deferral, which is formalized by a protocol.

Under these circumstances, the court concluded that there are no grounds to grant the plaintiff a deferral from military service during mobilization based on paragraph 13 of part 1 of article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization."

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