29 May 2025

Mykolaiv court refuses to consider case of mobilization "hostage"

(COLLAGE: TSN)

In Mykolaiv, a court refused to consider a complaint about the illegal detention of a man in a mobilization center. The applicant was advised to appeal to law enforcement or an administrative court.

This is evidenced by the decision of the Ingul District Court of Mykolaiv.

On May 26, 2025, the Ingul District Court of Mykolaiv considered a complaint filed on behalf of a man who, according to the applicant, was illegally detained on the territory of the Mykolaiv Regional Joint Mobilization Center.

The applicant claimed that the man had been detained by unidentified men in military uniforms in the village of Berezneguvate and then taken to the mobilization center, where he is now being held without legal grounds and has no right to stay.

The judge emphasized that according to the criminal procedure law, the investigating judge has the authority to control only those cases where a person is held in custody by official law enforcement agencies. In this case, the man is not a detainee or in custody within the meaning of the law - he is on the territory of the mobilization center, where employees do not have the right to deprive people of their liberty or keep them under arrest.

Therefore, the court concluded that it was not authorized to consider this complaint, because the man was not actually in custody, but in a place outside the jurisdiction of the investigating judge. The court returned the complaint to the applicant without consideration.

At the same time, the court noted that if there is a suspicion of unlawful deprivation of liberty or abduction, the applicant must file a corresponding application with law enforcement agencies - the police or the prosecutor's office, which should investigate such crimes.

In addition, the issues of conscription and military service do not fall under criminal proceedings, but are regulated by other legal norms, in particular, administrative proceedings. If a man believes that he was drafted illegally, he can appeal to an administrative court.

Thus, in his ruling, the judge of the Ingulsky District Court of Mykolaiv ruled to return the complaint without consideration, as the court does not have the authority to decide on the man's release from the mobilization center.

In early May, law enforcement officers exposed a psychiatrist and a soldier who offered to organize fictitious treatment for money. In exchange for 3.5 thousand dollars, they promised to ensure a long stay in the hospital and issue a status of limited fitness for military service. The scheme was initiated by a serviceman who was undergoing treatment and offered the service to an acquaintance, but the latter reported the corruption to law enforcement.

Анна Літман

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