A Criminal Executive Service Employee Was Deprived of Reservation Even Before Dismissal: The Court Declared It Illegal
Odessa District Administrative Court considered the case filed by an employee of the State Criminal Executive Service of Ukraine regarding the recognition of unlawful actions by the South-Central Interregional Department for the Execution of Criminal Punishments of the Ministry of Justice, which, before the actual dismissal of the employee, informed the territorial recruitment center about his dismissal and initiated the termination of the deferment from conscription during mobilization.
The court concluded that the employer unjustifiably informed the territorial recruitment center about the employee's dismissal before the actual termination of service, which became the basis for canceling the deferment granted to him from conscription during mobilization and changing his military registration data.
The Essence of the Case
The plaintiff served in the State Criminal Executive Service of Ukraine for over 30 years and held the position of First Deputy Head of the South-Central Interregional Department for the Execution of Criminal Punishments of the Ministry of Justice. He was reserved according to the Cabinet of Ministers of Ukraine Order No. 493-r, due to which he received a 12-month deferment from conscription during mobilization.
On January 30, 2026, the employee submitted a resignation request of his own accord. By the Ministry of Justice order dated February 19, 2026, it was decided to dismiss him effective March 20, 2026.
Despite the dismissal date set by the order not yet arriving, on March 13, 2026, the South-Central Interregional Department for the Execution of Criminal Punishments of the Ministry of Justice sent a letter to the territorial recruitment center informing about the employee's dismissal and initiating the termination of the deferment certificate, requesting to send the notification about his special military registration for destruction.
Based on this letter, the territorial recruitment center canceled the deferment and changed the employee's military registration data.
The next day, March 14, 2026, the employee withdrew his resignation request, and by the Ministry of Justice order dated March 18, 2026, the dismissal order was canceled. After that, he demanded from the employer to withdraw the letter sent to the territorial recruitment center, provide updated information about his service, ensure the reissuance of documents for reservation, and restore his previous military registration status. However, these actions were not taken, which became the basis for appealing to the administrative court.
The defendant opposed the claim, stating that after submitting the resignation request, the employee effectively confirmed his intention to terminate service, and therefore the department had grounds to inform the territorial recruitment center about the upcoming dismissal to prevent unjustified retention of the reserved status after service termination.
Position and Conclusions of the Court
The court noted that the disputed issue in case No. 420/9778/26 is the premature appeal by the South-Central Interregional Department for the Execution of Criminal Punishments of the Ministry of Justice to the territorial recruitment center with a letter about the employee's dismissal, as well as the notification about the need to annul the certificate of his deferment from conscription during mobilization.
Analyzing the provisions of Article 77 of the Law of Ukraine "On the National Police," the court emphasized that the dismissal date of an employee of the State Criminal Executive Service is the date specified in the dismissal order, and this day is considered the last day of service. In this case, the Ministry of Justice order established that dismissal was to take place on March 20, 2026, so this date was the last day of service.
The court also noted that according to the Procedure for Reserving Conscripts approved by the Cabinet of Ministers Resolution No. 76, the granted deferment is subject to cancellation in case of dismissal of the conscript from a state body. Having established that the dismissal date was set as March 20, 2026, the court concluded that the defendant should have sent the dismissal notification within 24 hours after the dismissal.
In view of this, the court concluded that the actions of the South-Central Interregional Department for the Execution of Criminal Punishments of the Ministry of Justice regarding the premature appeal to the territorial recruitment center about the employee's dismissal and the need to annul the deferment certificate are unlawful and contrary to legal requirements.
When choosing the method to restore the violated right, the court proceeded from the principle of the rule of law guaranteeing this right, as well as the principle of effective judicial protection, which ensures the direct restoration of the person's rights without the need for additional appeals. Taking this into account, the court deemed it necessary to oblige the South-Central Interregional Department for the Execution of Criminal Punishments of the Ministry of Justice to submit a notification about reserving the conscript for the period of mobilization and wartime. The court noted that this method of protecting the violated right is appropriate and sufficient in this case.
At the same time, the court noted that the claim for enrolling the employee in special military registration as a reserved person is not subject to satisfaction, since such powers belong to the territorial recruitment and social support center, not to the South-Central Interregional Department for the Execution of Criminal Punishments of the Ministry of Justice.
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