Does a State Emergency Service Rescuer Have the Right to Travel Abroad on Vacation to Visit Children – Court Decision
The Zhytomyr District Administrative Court satisfied the lawsuit of a serviceman of the Special Rescue Unit of the Main Department of the State Emergency Service in Zhytomyr region and recognized the refusal to grant permission to travel abroad during annual leave as unlawful. The court also obliged the unit to grant such permission.
Circumstances of the Case
A serviceman of the Special Rescue Unit of the Main Department of the State Emergency Service of Ukraine in Zhytomyr region applied to the Zhytomyr District Administrative Court with a lawsuit against the Special Rescue Unit, requesting:
- to recognize as unlawful and cancel the decision of the head of the Special Rescue Unit No. 51 23 01-15/51 23 05 dated January 7, 2026;
- to oblige the Special Rescue Unit to satisfy his report dated January 6, 2026, by granting permission to travel abroad during leave.
The plaintiff justified his claims by stating that he submitted a report requesting leave and permission to travel abroad to visit his children, but was denied permission to travel. The plaintiff pointed out that he had a deferment from conscription, no intention to change his country of residence, and an obligation to return after the leave.
The defendant, in response to the lawsuit, requested to deny the claims, arguing that the contested decision did not refuse leave but only restricted approval of travel abroad. The decision to approve or deny travel abroad for personnel of the civil protection service is within the discretionary powers of the unit commander.
The court established that on January 6, 2026, the plaintiff submitted a report requesting permission to travel to the Czech Republic during unused annual main leave for 2025 due to family circumstances. The head of the Special Rescue Unit reviewed the report and denied permission to travel abroad. On February 17, 2026, the plaintiff submitted a report requesting part of the unused annual main leave for 2025, after which an order was issued granting leave only within Ukraine.
Court Decision
The Zhytomyr District Administrative Court in case No. 240/7332/26 decided to satisfy the administrative lawsuit.
The court recognized as unlawful the actions of the Special Rescue Unit of the Main Department of the State Emergency Service of Ukraine in Zhytomyr region regarding the refusal to satisfy the plaintiff's reports dated January 6, 2026, and February 17, 2026, in terms of granting permission to travel abroad during annual main leave.
The court obliged the Special Rescue Unit of the Main Department of the State Emergency Service of Ukraine in Zhytomyr region to grant the plaintiff permission to travel abroad during the annual main leave for 2025.
The court noted that the provisions of the Civil Protection Code of Ukraine and the Regulations on the Procedure for Civil Protection Service for personnel do not provide the commander with the authority to restrict subordinates' right to travel abroad during annual leave. The defendant did not cite any legal provisions justifying the refusal to travel abroad.
The court took into account that the plaintiff has a deferment from conscription, had previously traveled abroad, and committed to returning after the leave. The purpose of the trip is to communicate with his children, which corresponds to the right to respect for private and family life guaranteed by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
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