The Territorial Recruitment and Social Support Center did not visit the mother of a serviceman with a Group I disability who requires constant care, but refused him discharge – what the court decided

A serviceman who requested confirmation of the need for constant care for his mother with a Group I "B" disability in order to be discharged from service due to family circumstances challenged the conclusions of the Territorial Recruitment and Social Support Center in court. The court concluded that the inspection was conducted formally, and its results did not correspond to the actual circumstances of the case.

What caused the dispute

The serviceman filed a lawsuit with the Poltava District Administrative Court against the Territorial Recruitment and Social Support Center, requesting:

• to recognize as unlawful the actions of the Territorial Recruitment and Social Support Center regarding the preparation of the family status inspection report of the serviceman of the military unit dated January 12, 2026, which did not confirm the provision of constant care by the serviceman through other family members obligated to care for his mother;
• to oblige the Territorial Recruitment and Social Support Center to re-conduct the family status inspection of the serviceman and issue a family status inspection report confirming the need for constant care for the mother, in the form established by Appendix 23 to the Instruction on the organization of the implementation of the Regulation on the military service of citizens of Ukraine in the Armed Forces of Ukraine, approved by the Ministry of Defense of Ukraine Order No. 170 dated April 10, 2009.

Position of the serviceman

The plaintiff justified his claims by stating that on March 27, 2022, he was conscripted for military service. During his service, family circumstances arose that objectively made it impossible to continue fulfilling military duty, namely the need to provide constant external care for his mother, who has been a person with a Group I "B" disability since March 5, 2025, indefinitely. Due to a significant deterioration in health, the mother cannot independently meet her basic life needs.

By the decision of the expert team assessing the person’s daily functioning dated April 7, 2025, the mother was granted a Group I "B" disability indefinitely, with a clear indication of the need for constant external care. This is confirmed by the conclusions of the medical advisory commission and reports on the presence of bodily function impairments, due to which the person cannot move or care for herself independently and requires constant external care.

After the death of the father, the mother was left alone. The serviceman submitted a report requesting a family status inspection for the purpose of discharge from military service under subparagraph "g" of paragraph 2 of part four of Article 26 of the Law of Ukraine "On Military Duty and Military Service." The report included documents confirming family ties, the mother’s disability, the need for care, notarized statements from other relatives about their inability and unwillingness to provide constant care, family composition certificates, etc.

Why the Territorial Recruitment and Social Support Center refused

Based on the inspection results, the Territorial Recruitment and Social Support Center prepared a report dated January 12, 2026, which, using the State Register of Civil Status Acts of Citizens, identified the presence of first- and second-degree relatives. The report stated that the fact of the need for constant care was not confirmed. Other relatives indicated their inability and unwillingness to provide care, which, according to the respondent, is not a valid reason.

The plaintiff believed that the commission did not visit the declared place of residence of his mother, did not clarify the actual circumstances of the separate residence of other relatives who have their own families and young children, and approached the inspection formally.

What the court decided

The Poltava District Administrative Court considered case No. 440/4448/26 in written proceedings under simplified claim procedures and decided to satisfy the administrative claim.

The court recognized as unlawful the actions of the Territorial Recruitment and Social Support Center regarding the preparation of the family status inspection report of the serviceman dated January 12, 2026, which did not confirm the provision of constant care through other family members.

The court obliged the Territorial Recruitment and Social Support Center to re-conduct the family status inspection of the serviceman and issue a family status inspection report confirming the need for constant care for the mother, in the form established by Appendix 23 to the Instruction on the organization of the implementation of the Regulation on the military service of citizens of Ukraine in the Armed Forces of Ukraine, approved by the Ministry of Defense of Ukraine Order No. 170 dated April 10, 2009.

The court ordered the Territorial Recruitment and Social Support Center to reimburse the plaintiff’s court fee expenses in the amount of 1,331.20 hryvnias at the expense of the center’s budget allocations.

Why the court sided with the plaintiff

The court noted that according to paragraph 13 of part twelve of Article 26 of the Law of Ukraine "On Military Duty and Military Service," during martial law, servicemen are discharged from military service due to family circumstances or other valid reasons, including the need to provide constant care for one of their parents who is a person with a Group I or II disability, provided there are no other first- or second-degree family members or if other family members themselves require constant care.

According to the Instruction on the organization of the implementation of the Regulation on the military service of citizens of Ukraine in the Armed Forces of Ukraine, the family status inspection commission is obliged to visit the declared place of residence of the person receiving care, verify information about the presence of other family members, and prepare a report in the established form. The court found that the commission did not visit the mother’s residence, did not consider that other relatives do not live with her, are not connected by common household, and live separately, and therefore are not considered family members within the meaning of Article 3 of the Family Code of Ukraine and cannot provide constant care. The conclusion of the report that the fact of the need for constant care was not confirmed is unfounded and formal.

The court referred to the principle of the rule of law, the obligation of the authority to act based on, within the powers and in the manner prescribed by the Constitution and laws of Ukraine, as well as the need for effective protection of the rights of persons with disabilities in accordance with the UN Convention on the Rights of Persons with Disabilities.

The decision takes legal effect after the expiration of the appeal period by all parties if no appeal is filed. If an appeal is filed, the decision, unless canceled, takes legal effect after the appeal is returned, refusal to open or closure of appellate proceedings, or adoption of a ruling by the appellate court following appellate review. The decision may be appealed to the Second Administrative Court of Appeal within thirty days from the date of the full court decision.

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