Lawyer
Lawyer in the field of military law. Specializes in issues of mobilization, postponement and reservation. Provides services for appeals to the military medical commission, escorting to the military commissariat, dismissal from military service, obtaining the status of a participant in hostilities. Conducts court cases on military issues.
Case: Successfully challenged an unlawful mobilization and secured the removal of a servicemember from the military unit’s rolls
A man who had been mobilized into the Armed Forces of Ukraine, despite previously being declared unfit for military service, contacted Prikhodko & Partners Law Firm.
The distinctive feature of this case was that the client’s fitness classification had been changed in absentia, without him undergoing a proper medical examination by the Military Medical Commission (MMC).
The main objective was to prove that the mobilization was unlawful, overturn the relevant decisions, and secure the client’s removal from the military unit’s personnel rolls.
What made the situation complicated?
Before his mobilization, the client had received a conclusion from the Military Medical Commission declaring him unfit for military service.
However, his military registration status was subsequently changed. According to the circumstances of the case, this decision was made in absentia, without a proper medical examination of the client.
The situation was further complicated by the fact that the client had already acquired the status of a serviceman by the time he sought legal assistance. Therefore, challenging the MMC decision alone was insufficient — it was also necessary to secure the cancellation of the mobilization order and the order enrolling him in the military unit.
Legal support provided by Prikhodko & Partners
Our senior military law specialist, Danylo Honcharenko, began working on the case by conducting a detailed analysis of the circumstances surrounding the client’s mobilization. First, he examined the previous MMC conclusion declaring the client unfit for military service, the new decision changing his fitness classification, the military registration documents, and the orders under which the man had been mobilized and enrolled in the military unit.
The key violation was the determination of fitness for military service in absentia, without a proper medical examination. It was this new MMC conclusion that served as the basis for the client’s subsequent mobilization, even though he had previously been declared unfit.
Based on the collected documents, the lawyer developed a legal position and prepared an administrative lawsuit. Since the client was already serving in a military unit at that time, it was necessary to challenge not only the MMC decision but also all subsequent decisions made on its basis.
In court, our senior lawyer sought to:
- Declare unlawful and annul the MMC decision that changed the client’s fitness classification for military service.
- Annul the order issued by the Territorial Recruitment and Social Support Center (TRSSC) regarding the client’s conscription during mobilization.
- Annul the military unit commander’s order enrolling the man in the unit’s personnel rolls.
- Order the military unit to remove the client from its personnel rolls.
During the court proceedings, our lawyers substantiated the unlawfulness of the contested decisions and the need to eliminate their legal consequences. As a result, the court granted the lawsuit in full: it declared unlawful and annulled the MMC decision, the mobilization order, and the military unit commander’s order, and also ordered the client’s removal from the personnel rolls.
In compliance with the court’s judgment, the military unit removed the man from its personnel rolls, marking the successful completion of the comprehensive legal representation.
Result
Following the court proceedings, all of the client’s claims were granted in full. In compliance with the court’s judgment, the man was removed from the military unit’s personnel rolls.
Thus, Prikhodko & Partners not only secured a court ruling declaring the mobilization unlawful but also achieved the client’s primary objective — his removal from the military unit’s personnel rolls.
This case demonstrates that even after a person has been mobilized and enrolled in a military unit, unlawful decisions of the MMC and TRSSC can be challenged in court. At the same time, to effectively restore the person’s rights, it is important to challenge not only the initial violation but also all subsequent decisions made on its basis.
Legal assistance with challenging unlawful mobilization and MMC decisions
If you have been mobilized despite having documents confirming your unfitness for military service, your fitness classification has been changed without a proper medical examination, or you believe that an MMC or TRSSC decision is unlawful, the lawyers at Prikhodko & Partners can help protect your rights.
Do you still have questions? Submit your request below, and our military law specialist will call you.
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