The Military Commissariat Registered a Man in Another District and Immediately Mobilized Him — Court Cancelled the Draft

The Zaporizhzhia District Administrative Court recognized the mobilization of a man as illegal, who was registered for military service not at his place of registration and was drafted based on the conclusion of the military medical commission, which was later annulled by the court. The court not only declared the actions of the military commissariat unlawful and canceled the orders on mobilization and enrollment in the military unit, but also obliged the military unit to make a decision on the discharge of the serviceman and his removal from the personnel lists.

The grounds for this conclusion were the violations of the procedure for registering the plaintiff for military service established by the court, as well as the fact that the mobilization order was based on the military medical commission’s decision on fitness for military service, which had already been recognized as unlawful and annulled by the court before the case was considered.

Circumstances of the Case

The plaintiff asked the court to recognize the actions of the military commissariat regarding his registration for military service and conscription during mobilization as illegal, to cancel the mobilization order, the order of the military unit commander on enrollment in the personnel lists, to oblige the military unit to make a decision on his discharge from military service and removal from the personnel lists, and to return his personal file to the military commissariat at his place of registration.

The plaintiff stated that in 2023 he was recognized by the military medical commission as limitedly fit for military service and was registered for military service at his place of registration. The data were updated through the "Reserve+" application. After being detained at a checkpoint in December 2025, he was taken to another military commissariat where, without his application, he was registered for military service, sent to the military medical commission, and mobilized the same day. According to the plaintiff, the medical examination was conducted formally, without proper examination and without considering existing illnesses.

Before the consideration of this case, another decision by the Zaporizhzhia District Administrative Court recognized as unlawful and annulled the military medical commission’s decision on the plaintiff’s fitness for military service, and the military medical commission was obliged to conduct a repeated medical examination with a full health assessment. This decision came into legal force.

Position of the Defendants

The military commissariat and the military unit requested to deny the claim.

They argued that after arriving at the military unit, the plaintiff acquired the status of a serviceman, and the mobilization order had already been executed and therefore exhausted its effect. According to the defendants, even the annulment of the military medical commission’s decision is not a basis for automatic discharge from service, since the Law "On Military Duty and Military Service" does not provide for such grounds. In addition, they referred to the Supreme Court’s practice regarding executed individual acts.

What the Court Established

The court established that the plaintiff was registered in Zaporizhzhia and was registered for military service precisely at his place of registration. At the same time, the military commissariat that mobilized him did not prove the existence of legal grounds for registering this person for military service with them. The court concluded that such actions contradicted the requirements of the Procedure for organizing and maintaining military registration of conscripts, reservists, and those liable for military service.

The court also took into account the prejudicial significance of the decision that had already annulled the military medical commission’s decision on the plaintiff’s fitness for military service. This military medical commission conclusion was the basis for the mobilization order and the subsequent order of the military unit commander to enroll the plaintiff in the personnel lists. In view of this, the court concluded that the relevant orders were made without justification.

The court separately disagreed with the defendants' arguments that after executing the mobilization order it can no longer be subject to judicial review. The court noted that the implementation of an individual act does not deprive a person of the right to effective judicial protection if this act directly violates their rights and legitimate interests. Moreover, the court pointed out that the circumstances of this case differ from those cases cited by the defendants to justify their position with Supreme Court practice.

Court Decision

The Zaporizhzhia District Administrative Court fully satisfied the claim.

In case 280/4095/26, the court recognized the actions of the military commissariat regarding the plaintiff’s registration for military service and his conscription during mobilization as unlawful. The court also canceled the military commissariat’s order on the plaintiff’s conscription for military service during mobilization and the order of the military unit commander concerning his enrollment in the personnel lists. In addition, the court obliged the military unit to make a decision on the plaintiff’s discharge from military service and his subsequent removal from the personnel lists, as well as obliged the military commissariat to remove the plaintiff from military registration and transfer his personal file to the military commissariat at his place of registered residence.

Thus, the court concluded that the mobilization order was issued in violation of the military registration procedure and was based on the military medical commission’s decision, which was later recognized by the court as unlawful and annulled. In view of this, the court recognized the subsequent individual acts concerning the plaintiff as illegal and applied a remedy in the form of obliging the military unit to make a decision on his discharge from military service.

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