The military unit declared the soldier as having abandoned his position: the court canceled the order because he was in the hospital
The Zhytomyr District Administrative Court, in case 240/26371/25, canceled the military unit's order regarding the investigation results into the reasons and circumstances of the unauthorized abandonment of a firing position by a serviceman.
The military unit considered the soldier, who was wounded and undergoing treatment, as having voluntarily left the military unit.
The serviceman disagreed with the results of the official investigation and filed a lawsuit explaining that, together with other servicemen and according to the combat order of the military unit commander, he was involved in organizing duty at the combat position. The combat position was shelled by various weapons. As a result of the shelling, the plaintiff suffered a concussion, lost consciousness, and was covered with soil. Upon regaining consciousness, the plaintiff managed to get out on his own but saw that he was alone at the position, had lost his phone, and could not contact anyone. Being disoriented, the plaintiff left the shelled positions in search of help. Later, he was noticed by servicemen who provided assistance. He was then evacuated and sent to the city clinical hospital. While in the hospital, the plaintiff informed the medical institution about the circumstances of his injury and the military unit where he serves.
The military unit, having found the soldier absent for more than three days, conducted an official investigation, based on which it issued the contested order establishing the unauthorized abandonment of the military unit by the serviceman.
During the case review, the court found that the military unit was aware that the plaintiff was undergoing treatment, meaning the serviceman's whereabouts were known, but these circumstances were not considered during the official investigation. The court concluded to cancel the contested order and to oblige the military unit to conduct a repeated official investigation, taking into account the established circumstances and conclusions set forth in the court decision.
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