Mobilized despite having three children at home: court recognized the conscription of a father of many children as lawful
The mere fact of raising three minor children does not mean that conscription during mobilization is illegal. To exercise the right to deferment, the conscript must personally apply to the Territorial Recruitment Center (TRC) with an application and documents confirming the relevant grounds. If this is not done, and the person has already acquired the status of a serviceman, the issue of protecting their rights moves to the realm of discharge from military service. This conclusion was reached by the Third Administrative Court of Appeal.
Case circumstances
The plaintiff challenged the actions of the Territorial Recruitment and Social Support Center and the order of his conscription during mobilization. He claimed that he had the right to a deferment since he and his wife are raising three children under 18 years old.
According to the plaintiff, on January 2, 2026, he was brought to the TRC, after which he was mobilized and sent to a military unit to serve. Considering these actions and the conscription order illegal, he applied to the court demanding to cancel the order concerning him.
Why the court refused
The Zaporizhzhia District Administrative Court denied the claim, and the appellate court agreed with these conclusions.
The panel of judges reminded that according to Article 23 of the Law "On Mobilization Preparation and Mobilization," men who have three or more children under 18 years old dependent on them have the right to deferment from conscription, but this right does not arise automatically. The legislation provides a separate procedure for its implementation.
The court noted that the conscript must personally apply to the TRC with a deferment application and submit documents confirming the relevant grounds. After that, the commission reviews the application, verifies the grounds, and makes a decision to grant or deny the deferment.
The case materials 280/228/26 did not contain evidence that the plaintiff applied for a deferment or submitted documents confirming his right to it before mobilization. There was also no evidence that the deferment was properly formalized.
Legal position of the court
The appellate court applied the legal position of the Supreme Court, according to which the right to deferment must be exercised by the conscript through active actions and formalized by the authorized body.
The court stated that the TRC is not obliged to independently determine whether a person has the right to deferment if the conscript has not submitted the relevant application and documents. Moreover, it is the conscript's responsibility to timely inform the military registration authority about changes in family status and other circumstances that may affect their status.
Why the situation changes after mobilization
The panel of judges separately noted that the right to deferment can only be exercised before acquiring the status of a serviceman.
The court stated that after acquiring such status, the right to deferment can no longer be exercised, and the issue of protecting the person's rights is resolved through mechanisms of discharge from military service.
Decision of the appellate court
The Third Administrative Court of Appeal dismissed the appeal and left the decision of the Zaporizhzhia District Administrative Court unchanged.
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