< IMG Title = "Supreme Court: Disorders during mobilization — not the basis for dismissal from the Armed Forces" Width = "632" Height = "356" SRC = "https://cdn.fakty.com.ua/wp-content/uploads/2022/07/15/depositphotos_56913282_S-E165788888675972.jpg" Class = "Main-Image-Thumbnail WP-Post-Image" Alt = "Mobilіzatsya, Vіskovі ZSU, VIISKOVI" FETCHPRIORTY = "HIGH" srcset = "https://cdn.fakty.com.ua/wp-content/uploads/2022/07/15/depositphotos_569132282_s-e1657888675972.jpg 931w, https://cdn.fakty.com.ua/wp-content/uploads/2022/07/15/depositphotos_569132282_s-e1657888675972-300x169.jpg 300W, https://cdn.fakty.com.ua/wp-content/uploads/2022/07/15/depositphotos_569132282_S-E1657888675972-768x432.jpg 768W " sizes = "(max-width: 632px) 100vw, 632px" decoding = "async" />< p > the Supreme Court explained that a mobilized soldier cannot return to his civilian life, even if his call took place with violations. Court decisions on the illegality of mobilization do not free a person from military service.
< h2 > decision of the Supreme Court
< P > Cassation Administrative Court as part of the Supreme Court considered the case of a military personnel who tried to appeal his mobilization. He argued the lawsuit by the fact that he was called without proper medical examination.
< p > the Supreme Court admitted that even in the presence of procedural violations during mobilization, this is not the basis for dismissal. Its solution is final and should be applied in similar matters.
are now watching < h2 > essence of the matter
< p >The man, mobilized in March 2022, went to court a year after the draft, claiming that his rights were violated, since he did not undergo a medical examination. < p > < p > courts of the first and appellate instances recognized the actions of the district territorial center of completing illegal and decided to dismiss the plaintiff from the service. They believed that it was such a decision that restores his violated rights.
< p > however, the Supreme Court canceled these decisions, noting that the mobilization procedure and the procedure for dismissal are regulated by different laws. < p > < p > In addition, the court emphasized that the fact of non -state examination in itself is not the basis for the dismissal of a soldier. < p > < blockquote >< p > — … the fact of the plaintiff of a medical examination during his call is not an evidence of the plaintiff’s unsuitability to military service and is not the basis for the dismissal of the plaintiff from military service in accordance with Article 26 of the Law of Ukraine on military duty and military service, which determines the exceptional list of such grounds, — It is said in the court decision.
< h2 > legal consequences of the solution
< p > the Decree of the Supreme Court also contains the position of the military unit, which filed a cassation appeal. She insisted that the plaintiff must re-pass the military medical commission, and only if the grounds for dismissal are established, the corresponding decision can be made. < p > < p > the decision of the Supreme Court is mandatory for all courts of Ukraine, including for lower courts. Thus, it determines the unified judicial practice on mobilization and the conditions for the abolition of the call.
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