Report not through the command and AWOL – did the serviceman achieve dismissal through the court due to a child with a disability

The Cherkasy District Administrative Court dismissed the claim of a serviceman who requested to recognize the refusal of the military unit to dismiss him for family reasons due to raising a child with a disability as unlawful. The court concluded that the report was submitted in violation of the established procedure and also took into account the fact of unauthorized absence from the military unit.

Circumstances of the case

The serviceman applied to the Cherkasy District Administrative Court with a lawsuit against the military unit, requesting:

• to recognize the refusal of the military unit to dismiss him from military service on the grounds of paragraph 1 of subparagraph "g" of paragraph 2 of part four of Article 26 of the Law of Ukraine "On Military Duty and Military Service" (in the version effective at the time of submitting the dismissal report dated May 9, 2024) for family reasons related to raising a child with a disability under 18 years old, as stated in the written response No. 3051 dated March 19, 2025, as unlawful;
• to oblige the military unit to make a decision on dismissal from military service for family reasons related to raising a child with a disability under 18 years old based on paragraph 1 of subparagraph "g" of paragraph 2 of part 4 of Article 26 of the Law of Ukraine "On Military Duty and Military Service" (in the version effective at the time of submitting the dismissal report dated May 9, 2024).

The plaintiff justified his claims by stating that he is the father of a child with a disability, which is confirmed by the birth certificate, a conclusion about the child with a disability under 18 years old, and a certificate for receiving benefits. The plaintiff submitted a dismissal report on April 6, 2024, and again on May 9, 2024, through the General Staff of the Armed Forces of Ukraine. The military unit refused dismissal, citing that the report was not submitted through the command, necessary documents were missing, and the plaintiff had unauthorizedly left the military unit.

The court established that the plaintiff was conscripted for military service according to the Decree of the President of Ukraine dated February 24, 2022 No. 69/2022 "On General Mobilization" and was enrolled in the lists of the military unit by order dated April 4, 2024. The plaintiff is the father of a child with a disability, confirmed by relevant documents. By the decision of the Cherkasy District Administrative Court dated September 27, 2024, in case No. 580/7183/24, which became legally binding on February 11, 2026, the inactivity of the military unit regarding the consideration of the plaintiff's reports dated April 6, 2024, and May 9, 2024, was recognized as unlawful, and the military unit was obliged to consider the report dated May 9, 2024. In compliance with this decision, the military unit informed by letter No. 3051 dated March 19, 2025, about the refusal of dismissal.

What the court decided

The Cherkasy District Administrative Court considered case No. 580/4195/26 and decided to fully dismiss the claim.

The court concluded that the plaintiff's report dated May 9, 2024, was submitted not through the command, i.e., in violation of the procedure established by the Internal Service Statute of the Armed Forces of Ukraine and the Regulation on the Military Service of Citizens of Ukraine in the Armed Forces of Ukraine, approved by the Decree of the President of Ukraine dated December 10, 2008 No. 1153/2008. Submitting a report "through the command" means sending it in the order of hierarchical subordination to the immediate commander.

The court noted that the plaintiff is not deprived of the right to revise the report or submit a new one taking into account changes in current legislation and complying with the procedure of submitting it through the command. Moreover, the plaintiff unauthorizedly left the military unit, which excludes the possibility of his dismissal from military service before continuing military service.

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