The Territorial Recruitment Center Denied a Polish University Student a Deferral Due to One Certificate — The Court Overturned the Commission's Decision
The Dnipropetrovsk District Administrative Court partially satisfied the claim of a conscripted individual who challenged the refusal of the Territorial Recruitment and Social Support Center to grant a deferral from mobilization. The court recognized the commission’s decision as unlawful, canceled it, and obliged the commission to reconsider the application taking into account the court’s conclusions.
Case circumstances
The conscripted individual filed a lawsuit requesting to recognize as unlawful and cancel the commission’s decision refusing to grant him a deferral from military service during mobilization, for a special period, adopted according to protocol dated December 23, 2025, No. 47, and also to oblige the commission to issue a deferral based on paragraph 1 of part 3 of article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization."
Basis of the plaintiff’s claims
The plaintiff justified his claims by stating that he is a full-time student at a foreign educational institution. Since October 1, 2025, he has been enrolled in a full-time doctoral program of the third level in the field of "Economics" at the University of the West Indies (Polish campus in Warsaw) for three years (six semesters). This is confirmed by a university letter notarized and a certificate of enrollment for a foreigner in full-time education dated October 1, 2025. The plaintiff also has a student certificate confirming the advancement of his educational level.
On December 18, 2025, the plaintiff submitted an application via the "Diia" portal requesting a deferral from military service during mobilization based on paragraph 1 of part 3 of article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization." The application included a certificate from the Unified State Electronic Database on Education, a certificate of doctoral studies in Poland, and a diploma.
Why the commission refused the deferral
The commission refused to grant the deferral based on the review results. The notification dated December 23, 2025, No. 47/12, states that the decision was formalized by protocol No. 47 dated December 23, 2025, and the reason for refusal was the absence of a certificate about the student in the Unified State Electronic Database on Education. The plaintiff was informed that he is subject to conscription on general grounds.
The plaintiff considered the decision unlawful because students studying full-time or dual forms in pre-higher, vocational-technical, or higher education institutions who obtain a higher education level than previously acquired have the right to a deferral provided there is documentary confirmation.
The court’s decision
The Dnipropetrovsk District Administrative Court in case No. 160/380/26 decided to partially satisfy the claim.
The court recognized as unlawful and canceled the commission’s decision regarding the refusal to grant the plaintiff a deferral from military service during mobilization for a special period, adopted according to protocol No. 47 dated December 23, 2025, at the Territorial Recruitment and Social Support Center.
The court obliged the commission to reconsider the plaintiff’s application dated December 18, 2025, for a deferral from military service during mobilization based on paragraph 1 of part 3 of article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization" and to make a decision based on the results of the review considering the court’s conclusions.
The court refused to satisfy the claim to directly issue the deferral. The court recovered the court fee of 709.97 hryvnias from the budget allocations of the Territorial Recruitment and Social Support Center in favor of the plaintiff.
The court noted that according to paragraph 1 of part 3 of article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization," persons studying full-time or dual forms in professional (vocational-technical), pre-higher, and higher education institutions who are obtaining a higher education level than previously acquired in the sequence defined by part two of article 10 of the Law of Ukraine "On Education," as well as doctoral students and persons enrolled in internship, are exempt from conscription during mobilization.
According to paragraph 62 of the Procedure for conscription of citizens for military service during mobilization for a special period, approved by the Cabinet of Ministers of Ukraine resolution dated May 16, 2024, No. 560, to obtain a deferral such persons must provide a certificate about the student formed in the Unified State Electronic Database on Education. However, foreign educational institutions do not have access to this database and cannot generate such a certificate.
The court established that the plaintiff studies full-time in a third-level doctoral program, thus obtaining a higher education level. The commission limited itself to stating the absence of a certificate from the Unified State Electronic Database on Education and did not properly assess other submitted documents and the fact of study, thereby violating the requirements of paragraph 60 of Procedure No. 560 regarding comprehensive examination of the application and supporting documents.
The court emphasized that it cannot substitute the state body whose decision is being challenged, make a decision instead of it, which would be lawful, or give instructions indicating the resolution of issues within the competence of such an authority, as such actions exceed the powers granted by the legislator.
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