The Lviv District Administrative Court has deemed the inaction of the military unit unlawful regarding the consideration of a soldier's requests for discharge due to his wife's disability (cerebral palsy). The command must review the ignored documents and make an appropriate decision.
According to the decision, which was published in the court register, a soldier mobilized in April 2024 appealed to the court. He stated that in July and August 2024, he submitted requests for discharge from military service due to his wife’s third group disability (cerebral palsy) and his responsibility for three minor children. The plaintiff claimed that the command did not adequately consider the documents, prompting him to approach the court.
The case materials indicate that the first request for discharge for family circumstances was only partially reviewed concerning the maintenance of three minor children. A representative of the military unit emphasized that the soldier has only one biological child, while the other two are his wife’s children, and he is not obligated to support them. The military unit did not review the second request.
Judge Andriy Lankevych examined the case, reviewing all materials and arguments presented by both parties. He established that the plaintiff indeed has one, not three, minor children under his care, as he is neither their biological father nor an adoptive parent. At the same time, the presence of his wife’s third group disability grants him the right to be discharged from military service.
The judge ruled the military unit's inaction regarding the consideration of his discharge requests as unlawful and obligated the command to review the submitted documents and make a decision in accordance with legal requirements. The court's decision can still be appealed.