Reserved person can be mobilized if he did not have time to notify TCRSS about his reservation - mass media
The TCRSS may mobilize a man liable for military service who has a reservation if he has not reported the availability of a reservation.
According to Censor.NET, this was reported by the Judicial and Legal Newspaper with reference to the decision of the Zakarpattia District Administrative Court.
The court noted that it is the persons liable for military service who are entitled to deferment who are obliged to notify the TCRSS of the existence of such grounds promptly.
"The right to deferment from military service must be exercised by a person liable for military service by taking active steps and registering it with the appropriate military registration authority. At the same time, the exercise of such a right can be carried out only until the moment of acquiring the status of a serviceman.
In this case, the court denied the man's request because he did not notify the TCRSS in time, i.e., did not exercise the right to deferment. Although judging by the court's decision, the General Staff of the Armed Forces of Ukraine was instructed to organize the delivery of the booking order to the relevant TCRSS within 3 days," the publication writes.
Details of the case
The man sued the border guard detachment (military unit) and asked to cancel the mobilization order by which he was sent for military service, as well as to cancel the order to enroll him in the personnel lists.
"On 8 February 2024, he intended to cross the border legally but was detained and taken to the TCRSS, where he underwent a medical examination. During the medical examination, the plaintiff's health was not examined, and his complaints and the fact that he was registered with the military authorities as unfit for military service were not taken into account.
Moreover, the plaintiff was booked with LLC F. Despite this, after undergoing a medical examination, the plaintiff was taken to a military unit for military service," the article says.
The court found that as of the day of the call-up for military service (11 February 2024), the plaintiff was booked with LLC F by the procedure established by the Booking Procedure, i.e., he was entitled to a postponement of the call-up for military service until 16 February 2024.
The right to deferment from military service must be exercised by a person liable for military service by taking active steps and registering it with the relevant authorized body (in particular, the district military registration and enlistment office). At the same time, the exercise of such a right can be carried out only until the moment he acquires the status of a serviceman, the court noted.
Thus, based on the results of consideration of this administrative case, the unlawfulness of the defendant's actions regarding the call-up and enrolment of the plaintiff in the military unit was not confirmed, and therefore the claim should be dismissed, the court decided.
