Court of Appeal in Odesa says mobilization is not irreversible

The Fifth Administrative Court of Appeal, based in Odesa, upheld the decision of the Mykolaiv court, which had canceled the order of the head of the territorial recruitment center to conscript a man and ordered the military unit to remove him from the personnel lists.

The judges emphasized that the Supreme Court's position on the irreversibility of illegal mobilization is not a position in an exemplary case, meaning that it should not be applied in all cases, the Judicial and Legal Newspaper reported.

The story began in November 2024. An employee of a limited liability company came to the territorial recruitment center to clarify his military registration data. He was found fit, drafted and sent for military service. However, the man went to court because he was booked until July 22, 2025, at the request of the LLC, and the TCC was informed of this.

On February 28, 2025, the Mykolaiv District Administrative Court upheld the claim. The court proceeded from the fact that the plaintiff cannot be held liable for the proper communication of information about the postponement to the defendant, since such a procedure depends on communication between the company where the plaintiff works, and not on the actions of the plaintiff, and therefore concluded that the order of the head of the TCC was unlawful and should be canceled.

The military unit filed an appeal, in which it argued that the illegal conscription was irreversible, citing the well-known conclusions of the Supreme Court in its decision of February 5, 2025 in case 160/2592/23.

However, as the Fifth Administrative Court of Appeal noted in its decision, in the case considered by the Supreme Court, the plaintiff-soldier's main focus was on the fact that he had not passed a military medical examination. However, in the case from Mykolaiv court, the subject of the trial was not the examination of the procedure for conducting the MEC or other actions or inactions of the district MEC, i.e., the cases are not identical.

Кирило Бойко