The absence of a medical commission during conscription: is this a reason for demobilization.

The Supreme Court of Ukraine has made an important decision regarding the conscription of conscripts during mobilization. According to the position of the Cassation Administrative Court, the conscription of conscripts is final, and even if such conscription is deemed unlawful, it does not provide grounds for discharge from military service.

The case was considered in court based on a lawsuit from a serviceman who challenged the actions of the territorial recruitment and social support center of the district and the military unit. The plaintiff argued that his rights were violated because he was not given mandatory medical examinations during the conscription process.

The courts of first and appellate instances supported the plaintiff, recognized the actions of the district recruitment and social support center as illegal, and ordered the military unit to discharge him from military service. However, the Supreme Court reached a different conclusion.

'The obligation of the military unit to discharge a person from military service exceeds the relationships between the territorial recruitment and social support center of the district and the plaintiff regarding the procedure for his conscription into military service during mobilization, which is the subject of this case,' the representatives of the Supreme Court stated.

The court emphasized that the chosen method of protection of the violated right by the plaintiff - discharge from military service - is ineffective, as it does not resolve the legality of the conscription. Making such a decision 'interferes with other legal relations regulated by other laws that were not examined by the courts of first and appellate instances, and creates a situation where the court's verdict is not executed.'

Furthermore, the Supreme Court emphasized that the mere fact of being denied a medical examination during conscription does not indicate the unfitness of a person for military service and is not a basis for discharge under the law of Ukraine 'On Military Duty and Military Service.'

Earlier, Ukraine allowed some categories of men to travel abroad.