TCC ignored the husband's application for a deferral - the court disagreed

The Odesa District Administrative Court has ruled that the conscription of a person liable for military service who was mobilized after submitting an application for a deferment was unlawful.

According to the Judicial and Legal Newspaper, the court found that the territorial center for recruitment and social support did not consider the application within the statutory period, but issued an order for conscription despite this.

The plaintiff was registered for military service at the territorial center for recruitment and social support. Previously, the TCC had repeatedly granted him a deferral from conscription during mobilization as a person who provides permanent care for his sick father.

It follows from the case file that the man submitted relevant applications for deferment in 2024-2025, and based on the results of their consideration, the CCC decided to grant the deferment. The next deferral expired on August 6, 2025. On the same day, the person liable for military service again submitted an application to the MCC for its extension. The application was registered in the incoming correspondence log.

However, the MCC commission did not consider this application and did not make a decision on it. On September 19, 2025, the man arrived at the CCC to find out the status of his application. However, on that day, the TCC officials did not provide him with information about the results of its consideration and did not issue any decision. Instead, they issued an order to call him up for mobilization and send him to a military unit. After that, the person liable for military service appealed to the court.

The court drew attention to the requirements of the legislation governing the procedure for granting a deferment. In particular, a person liable for military service has the right to apply for a deferment, and the MCC commission must consider it within seven days from the date of its receipt. In addition, the procedure directly stipulates that until the decision on the application is made, the person liable for military service is not subject to mobilization.

According to the court, at the time of the mobilization order, the MCC had information about the application for deferral, so the plaintiff's call-up was inadmissible until a decision on this application was made. Thus, the court declared the actions of the TCC to mobilize the plaintiff unlawful.

Кирило Бойко