Challenging mobilization

A full-scale war has been going on in Ukraine for more than a year, and with it the general mobilization of conscript citizens. During this time, many men were mobilized, but the rights of citizens were not violated by TCC and SP employees. In connection with this, many questions arise about whether mobilization can be challenged and how it can be done.

It is worth noting that mobilization is a set of measures that must be carried out in connection with the state of war in the country. One of these measures includes conscription for military service on mobilization.

When is a person considered mobilized?

It is a mistake to believe that a person is considered mobilized from the moment of receiving a summons. A person is considered mobilized if he passed the military training and received a mobilization order. If a conscript who received such a mobilization order believes that it is unlawful, he has the right to appeal it.

Is it possible to appeal the mobilization order?

As the Armed Forces of Ukraine noted in its conclusions, namely in the resolution dated September 8, 2022, case № 300/1263/22, that this is only a means of notifying the conscripted person for his arrival on the specified date at the territorial recruitment center. That is, it is not a decision or an action of a subject of authority within the meaning of the CAS of Ukraine.

Therefore, it follows from the above that it is not possible to challenge the mobilization in court. But it is possible to challenge the conclusion of the Military Medical Commission if there are sufficient reasons for this.

If you analyze it in more detail, you need to understand that the mobilization order is preceded by several stages of checking whether a person is suitable for military service. That is, if when clarifying the data, the person will submit documents giving the right to postponement, then there may not be a mobilization order. Or if a person does not agree with the conclusion of the Military Medical Commission, then it can also be appealed in an administrative or judicial manner.

Recommendations

• First of all, in order to avoid conflicting situations with the TCC and SP during mobilization, it is necessary to prepare a package of documents in advance that will give the conscript the right to deferment, if any. Since such documents must be submitted before the mobilization order is served.
• Secondly, do not forget about the legal assistance of a military lawyer. It is worth consulting with a specialist in advance to understand how to act in a particular situation. Legal advice will not be superfluous.
• Thirdly, to be interested in your rights and be able to defend them if necessary. If a conscript knows his rights and can protect them, this increases the chances that mobilization will take place exclusively within the legal framework.