In Vinnytsia region, a man ignored a summons from the military recruitment center due to illness — was he exempted from responsibility
The Bershad District Court of Vinnytsia region considered a case of a man's evasion of mobilization after he failed to appear at the draft office upon receiving a summons. The court took into account that the man explained his absence by illness, admitted guilt, and voluntarily appeared at the territorial recruitment center.
Circumstances of the case
According to the case materials No. 126/1545/24, in May 2023 the man underwent a military medical commission, which recognized him fit for military service. On February 8, 2024, he was handed a summons, according to which he was to appear the next day, February 9, at the draft office for further assignment to a military unit. However, he did not appear at the designated place.
During the court hearing, the accused admitted his guilt and explained that he did not intend to evade mobilization but was unable to appear due to illness. After his absence, he voluntarily appeared at the draft office. It was also noted in court that the man had previously been sent to military units but was not mobilized due to health problems.
The court also considered that the accused had no prior convictions, was positively characterized at his place of residence, and was not registered with a narcologist or psychiatrist. These circumstances were recognized as mitigating factors.
Court decision
The court sentenced the man to three years of imprisonment but exempted him from serving the sentence with probation, setting a probation period of three years.
As previously reported by the «Judicial and Legal Newspaper», the Ternopil District Administrative Court analyzed whether a student can automatically avoid conscription without completing the proper procedure.
The plaintiff justified his claims by stating that since August 2024 he has been a full-time student at the National University of Physical Education and Sport of Ukraine. In October 2025, he was drafted for military service during mobilization. The plaintiff argued that he was entitled to a deferment from conscription under paragraph 1 of part 3 of article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization" due to pursuing higher education, but the territorial recruitment and social support center did not take this into account. Additionally, the plaintiff pointed out violations in the notification, summons, military medical commission procedures, and illegal restriction of his freedom.
The court concluded that the plaintiff, being liable for military service, without formalizing a deferment by the decision of the relevant commission of the territorial recruitment and social support center, was subject to conscription during mobilization. Having the right to a deferment is not unconditional proof that such a right is automatically realized. To exercise this right, a person must apply to the territorial recruitment and social support center in the prescribed manner.
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