The Territorial Recruitment Center summoned a student who did not arrange a deferment – the court recognized this as lawful

The Ternopil District Administrative Court analyzed whether a student can automatically avoid conscription without completing the relevant procedure.

Case circumstances

A conscripted individual filed a lawsuit with the Ternopil District Administrative Court against the Territorial Recruitment and Social Support Center and a military unit, requesting:

• to recognize as unlawful and cancel the order of the head of the Territorial Recruitment and Social Support Center dated October 12, 2025, No. 3907 "On the conscription of conscripts and reservists for military service during mobilization, for a special period" in the part concerning his conscription and direction to military service;
• to oblige the military unit to issue an order excluding him from the personnel list of the military unit from the date the court decision becomes legally binding.

The plaintiff justified his claims by stating that since August 2024 he has been a full-time student at the National University of Physical Education and Sport of Ukraine. In October 2025, he was conscripted for military service during mobilization. The plaintiff argued that he had the right to a deferment from conscription based on paragraph 1 of part 3 of article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization" due to pursuing higher education, but the Territorial Recruitment and Social Support Center did not take this into account. Additionally, the plaintiff pointed out violations in the notification procedure, summons, medical commission, and unlawful restriction of his freedom.

The defendant, in response to the claim, requested dismissal of the lawsuit, arguing that the plaintiff did not arrange a deferment in the prescribed manner, did not appear upon summons, underwent a military medical commission and was recognized fit for military service. The conscription order was issued within the authority and on legal grounds. Furthermore, the plaintiff left the military unit without permission on November 26, 2025.

The court established that the plaintiff was a full-time student from September 1, 2024. A certificate generated in the Unified State Electronic Database on Education on September 17, 2024, stated that the current education violated the sequence defined by part two of article 10 of the Law of Ukraine "On Education." By the decision of the Kyiv District Administrative Court dated January 30, 2026, in case No. 320/28367/25, this wording was changed to "Yes, it does not violate." However, at the time of conscription on October 12, 2025, the plaintiff did not apply to the Territorial Recruitment and Social Support Center to arrange a deferment.

Court decision

The Ternopil District Administrative Court considered case No. 500/1761/26 and decided to fully dismiss the administrative lawsuit.

The court concluded that the plaintiff, being liable for military service, without arranging a deferment through the decision of the relevant commission of the Territorial Recruitment and Social Support Center, was subject to conscription during mobilization. Having the right to a deferment is not unconditional proof that such a right was automatically exercised. To exercise this right, a person must apply to the Territorial Recruitment and Social Support Center in the prescribed manner.

The court noted that the right to deferment from conscription must be exercised by the conscripted person through active actions and formalized by the authorized body accordingly. Exercising such a right can only be done before acquiring the status of a serviceman. Failure to apply to the Territorial Recruitment and Social Support Center, even if the right to deferment exists, does not prevent conscription on general grounds.

In the absence of grounds to cancel the order of the head of the Territorial Recruitment Center and Social Support, there are no grounds to oblige the military unit to exclude the plaintiff from the personnel list.

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