Mobilized through the court achieved release from service to care for mother with disability group II
The Chernihiv District Administrative Court satisfied the serviceman's claim against the military unit, recognizing the refusal to release him from military service by conscription during mobilization under martial law for family reasons as unlawful.
Case circumstances
The serviceman applied to the Chernihiv District Administrative Court with a claim against the military unit, requesting:
- to recognize the actions of the military unit regarding the refusal to release from military service by conscription during mobilization under martial law on the grounds of subparagraph "g" of paragraph 2 of part four of article 26 of the Law of Ukraine "On Military Duty and Military Service" as unlawful;
- to oblige the military unit to make a decision on release from military service by conscription during mobilization under martial law on the grounds of subparagraph "g" of paragraph 2 of part four of article 26 of the Law of Ukraine "On Military Duty and Military Service".
The plaintiff justified the claims by stating that he submitted a report requesting release due to the need to provide constant care for his mother, who is a person with a group II disability and requires constant external care. The report was accompanied by a package of documents, including a conclusion on the need for constant external care and an extract from the decision of the expert team assessing the person's daily functioning, which established the mother's group II disability.
Why the military unit refused
The military unit refused to satisfy the report, citing the absence of legal grounds for release, in particular the presence of family members of the plaintiff's mother who can provide constant care.
The court established that according to the family status verification act of the serviceman, the first degree relative (father) is deceased, and the plaintiff's granddaughter lives in Poland based on a residence permit and a real estate lease agreement.
What the court decided
The Chernihiv District Administrative Court considered case No. 620/4282/26 under simplified proceedings without notifying the parties and decided to satisfy the administrative claim in full.
The court recognized the actions of the military unit regarding the refusal to release the plaintiff from military service by conscription during mobilization under martial law on the grounds of subparagraph "g" of paragraph 2 of part four of article 26 of the Law of Ukraine "On Military Duty and Military Service" as unlawful and obliged the military unit to make a decision on the plaintiff's release on the specified grounds.
What conclusions the court made
The court noted that for release from military service in case of the need to provide constant care for one of the parents who is a person with a group II disability, it is sufficient to have one of the following conditions: the absence of other family members of the first or second degree of kinship of such a person or if other family members of the first or second degree of kinship themselves require constant care.
The court indicated that the legislative criterion for release from military service for family reasons links the serviceman's right to such release with the objective absence of other persons capable and legally obliged to provide the corresponding constant care. The case materials indisputably confirm the fact that the granddaughter of the person requiring care resides outside the territory of Ukraine on a long-term basis, which excludes the objective possibility of her providing actual, continuous, and constant care.
The court costs were recovered at the expense of the military unit's budget allocations in favor of the plaintiff.
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