A railway worker in Prykarpattia was mobilized for military service despite having a reservation. The man won a court case against the Territorial Center for Recruitment and Social Support (TCC), annulled his draft notice, and mandated the military unit to discharge him from service.
As stated in the decision of the Ivano-Frankivsk District Administrative Court, which was published in the court register in December 2024, a worker from the "Lviv Railway" (the Ivano-Frankivsk Directorate of Railway Transportation) appealed to the court after being mobilized for military service in July 2024, despite having a reservation. The man considered his mobilization to be unlawful and sought to annul it in court.
A resident of Prykarpattia reported that he had been working on the railway for over 10 years and had been reserved from conscription during mobilization. The mobile application "Reserve+" did not display the date until which his reservation was valid, prompting him to contact the TCC for confirmation. However, according to the plaintiff, he was unlawfully mobilized for military service by the TCC.
The TCC representative submitted a response to the lawsuit, stating that at the time of conscription, according to the Unified State Register of Conscripts, Military Obligated Persons, and Reservists, the plaintiff's deferment had expired, and there was no information about his place of work in the register. The TCC representative argued that the man failed to fulfill his duty by not providing his personal data to the TCC.
This case was reviewed by Judge Natalia Binkovska, who examined all the evidence and arguments from both sides. She established that the plaintiff indeed had a valid deferment from mobilization at the time of his conscription. According to the order from the Ministry of Economy, the plaintiff's deferment was valid until May 2024 and was automatically extended first to June and then to September 2024.
The judge concluded that it is the duty of TCC employees to verify the existence of a right to deferment before mobilization. Furthermore, the judge noted that the TCC failed to provide evidence that they conducted a "proper" document check of the plaintiff.
The court ruled in favor of the railway worker, recognizing the conscription order as unlawful and annulled it. The military unit was ordered to discharge the man from military service. The decision can still be appealed.