The Military Medical Commission declared a serviceman unfit for service, but the military unit ignored his discharge request: what the court decided

The Zakarpattia District Administrative Court upheld the claim of a serviceman who challenged the inaction of his military unit over its failure to consider his request for discharge from military service on health grounds. The court declared the inaction unlawful and ordered the command to reconsider the request and adopt a reasoned decision.

Circumstances of the case

The serviceman filed a claim with the Zakarpattia District Administrative Court against the military unit, requesting that the court:

• declare unlawful the inaction of the military unit regarding its failure to consider his request of September 25, 2025, for discharge from military service on the grounds of unfitness for military service for health reasons, with removal from military registration records;
• oblige the military unit to consider the request of September 25, 2025, on the merits, adopt a substantive decision, and inform the claimant accordingly.

The claimant substantiated his demands by stating that he had been declared unfit for military service for health reasons, with removal from military registration records, as confirmed by a medical certificate. Accordingly, on September 25, 2025, he submitted a request for discharge from military service on health grounds. The request was sent by post and delivered to the recipient on October 2, 2025. However, as of January 7, 2026, the submitted request had not been considered by the command, and the claimant had not received any response.

The court established that, according to an extract from the order of the military unit commander dated November 10, 2022, the claimant had been removed from his position, his military service had been suspended, and he was deemed not to be performing military service duties. The claimant was declared unfit for military service, with removal from military registration records, by a medical certificate dated November 20, 2023.

Court decision

The Zakarpattia District Administrative Court, in case No. 260/80/26, decided to uphold the administrative claim.

The court declared unlawful the inaction of the military unit regarding the improper consideration of the claimant’s request of September 25, 2025, for discharge from military service under subparagraph “b” of paragraph 2 of part four of Article 26 of the Law of Ukraine “On Military Duty and Military Service”.

The court ordered the military unit to reconsider the request of September 25, 2025, for discharge from military service under subparagraph “b” of paragraph 2 of part four of Article 26 of the Law of Ukraine “On Military Duty and Military Service”, taking into account the legal assessment set out by the court in the reasoning part of the decision, and to adopt a reasoned decision based on the results of its consideration.

The court noted that the Procedure for Organising Work with Servicemen’s Reports in the System of the Ministry of Defence of Ukraine, approved by Order of the Ministry of Defence No. 531 of August 6, 2024, does not provide for such a response as leaving a submitted report without consideration or recognising it as not subject to consideration. Following consideration of a report, the authorised official must adopt a decision on the merits of the issue raised and, in the event of refusal, explain the reasons for such refusal.

The court indicated that part two of Article 24 of the Law of Ukraine “On Military Duty and Military Service” and paragraph 144-1 of the Regulation on Military Service by Citizens of Ukraine in the Armed Forces of Ukraine, approved by Presidential Decree No. 1153/2008 of December 10, 2008, define the specific features of military service for persons whose military service has been suspended and regulate their discharge from military service. At the same time, these provisions do not establish any special procedure for considering reports submitted by such servicemen and do not grant the commander of a military unit the right to leave a submitted report without consideration or recognise it as not subject to consideration.

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