The Territorial Recruitment Center Did Not Consider the Deferral Application: The Court Explained How a Reservist Should Act

The Khmelnytskyi District Administrative Court examined a case regarding the inaction of the Territorial Recruitment and Social Support Center, which, after receiving a reservist's application for an extension of deferral from conscription during mobilization, did not make any decision based on its consideration.

The court concluded that the Territorial Recruitment Center is not entitled to refrain from making a decision on a matter within its exclusive competence, therefore recognizing such inaction as unlawful and obliging the defendant to consider the application and make an appropriate decision.

Case Summary

The plaintiff filed a lawsuit against the Territorial Recruitment and Social Support Center, requesting to recognize the inaction regarding the non-consideration of his application for an extension of deferral from conscription during mobilization as unlawful and to oblige the defendant to take actions necessary to realize his right to deferral.

The basis for the appeal to the court was that the Territorial Recruitment and Social Support Center, after receiving the application, did not consider it on the merits and did not comply with the requirements of paragraph eleven of item 60 of the Procedure for conscription of citizens for military service during mobilization, for a special period, approved by the Cabinet of Ministers Resolution No. 560 dated May 16, 2024.

The court established that the plaintiff had previously been granted a deferral from conscription during mobilization under paragraph 11 of part one of article 23 of the Law "On Mobilization Preparation and Mobilization" as a person who has a wife with a disability of group I or II. The deferral was valid until May 9, 2025.

After the expiration of its validity, on May 12, 2025, the reservist sent by mail an application for an extension of the deferral.

He attached copies of his passport, taxpayer identification number card, military ID, marriage certificate, wife's passport, pension certificate, medical examination certificate from the Medical-Social Expert Commission, and a certificate of previous deferral.

The application was sent via JSC "Ukrposhta" with an inventory of contents and was delivered to the Territorial Recruitment and Social Support Center on May 14, 2025, confirmed by a registered mail delivery receipt.

However, no information about its consideration or decision-making was established by the court.

The defendant did not exercise the right to submit a response to the claim, so the case was considered based on the evidence available in the materials.

Court's Position and Conclusions

The court noted that the legal principles of citizens' military duty are defined by the Law of Ukraine "On Military Duty and Military Service," while issues of mobilization preparation, mobilization, and granting deferrals from conscription during mobilization are regulated by the Law of Ukraine "On Mobilization Preparation and Mobilization."

According to paragraph 11 of part one of article 23 of the Law "On Mobilization Preparation and Mobilization," reservists who have a wife or husband with a disability of group I or II are exempt from conscription during mobilization.

However, the court emphasized that the right to deferral does not arise automatically. The legislation requires confirmation of the grounds with appropriate documents, and the verification of such grounds and issuance of deferral fall within the competence of the Territorial Recruitment and Social Support Centers.

The court cited provisions of the Regulation on Territorial Recruitment and Social Support Centers, approved by the Cabinet of Ministers Resolution No. 154 dated February 23, 2022, according to which district Territorial Recruitment and Social Support Centers verify grounds for deferral, issue it, and maintain special records of reservists.

Additionally, the court analyzed provisions of the Procedure for conscription of citizens for military service during mobilization, approved by Cabinet of Ministers Resolution No. 560.

According to paragraphs 56–60 of this Procedure, the issue of granting deferral is considered by a specially created commission at the district or city Territorial Recruitment and Social Support Center. After receiving the application and documents, the commission must verify the presence of legal grounds for deferral, if necessary request additional information from state authorities or use data from state registers.

The commission is obliged to consider the application and supporting documents within seven calendar days from their receipt and, based on the results, make a decision to grant or deny the deferral. This decision is formalized by a protocol, and the applicant must be notified in the manner specified in the application.

If a positive decision is made, the reservist is issued a certificate of deferral indicating its validity period. If the commission refuses to grant the deferral, such refusal must be documented in writing with specific reasons.

The court found that after receiving the plaintiff's application, the Territorial Recruitment and Social Support Center neither made a decision to grant the deferral nor a motivated refusal.

The defendant also did not provide the court with any evidence that the application was considered according to the requirements of Procedure No. 560.

Under these circumstances, in case No. 560/11557/25, the court concluded that a public authority cannot refrain from making a decision on a matter assigned by law to its exclusive competence.

The court emphasized that the absence of a properly formalized decision to grant the deferral or a motivated refusal indicates unlawful inaction by the Territorial Recruitment and Social Support Center.

At the same time, the court stressed that the subject of consideration in this case was the legality of the defendant's inaction, not the presence or absence of the plaintiff's right to deferral.

Since the Territorial Recruitment and Social Support Center did not assess the submitted documents or make a substantive decision on the application, the court is not entitled to substitute this body and independently decide on granting or refusing the deferral.

The court noted that verification of submitted documents, assessment of grounds for deferral, and making the corresponding decision fall exclusively within the competence of the Territorial Recruitment and Social Support Center, while the administrative court only reviews the legality of actions or inactions of the public authority.

Considering the established circumstances, the court concluded that the proper way to protect the violated right is to oblige the defendant to consider the reservist's application for deferral based on paragraph 11 of part one of article 23 of the Law "On Mobilization Preparation and Mobilization" and make an appropriate decision taking into account the legal conclusions set forth in the court decision.

The claim was partially satisfied. The court recognized the unlawful inaction of the Territorial Recruitment and Social Support Center regarding the non-consideration of the deferral application, obliged the defendant to consider it and make a substantive decision, and also recovered the court fee paid by the plaintiff in the amount of 1211.20 UAH at the expense of the defendant's budget allocations.

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