Illegal mobilization by TCC — will a person be discharged from the Armed Forces?.

The Supreme Court of Ukraine confirmed that even if the mobilization of a conscript is recognized as illegal, it does not cancel the fact of this person's enrollment in military service. This was reported by lawyer Vladislav Deryi.

Ukrainian citizens periodically appeal to the court regarding illegal mobilization. According to lawyer Vladislav Deryi, resolving this issue becomes more complicated due to the decisions of the courts of first and appellate instances, which support claims against TCC regarding illegal mobilization. Despite this, the Supreme Court holds that this cannot be a reason for discharging a person from military service due to the aforementioned list in the law.

However, Deryi noted that other courts will try to oppose the decisions of the Supreme Court. For example, the Dnipropetrovsk District Administrative Court claims that illegal actions should not have legal consequences, and the responsibility for determining fitness for military service lies with the authorities. Thus, there is a possibility that individuals who were illegally mobilized may still be released from military service.

The Supreme Court of Ukraine stated that claims regarding illegal mobilization cannot serve as grounds for discharging individuals from military service, even if the mobilization was conducted without complying with legislation. Some courts, however, are trying to counter this decision, believing that the responsibility for this lies with the authorities. The final outcome remains uncertain for now.