Are unlawful actions of the TCC exempting from mobilization? Supreme Court decision.
The Supreme Court decided that the conscription procedure during mobilization is irreversible. Even if it is declared unlawful, this does not provide grounds for an individual's exemption. This was reported by Glavkom, citing the Supreme Court. The plaintiff approached the court to defend his rights, explaining that the violations were related to the untimely medical examination during conscription for military service. The court exempted the plaintiff from service, considering the actions of the recruitment and social support agencies unlawful. However, the Supreme Court noted that the obligation to exempt an individual from military service goes beyond the legal relations, and the method used by the plaintiff to defend his rights is ineffective. This interferes with other legal norms that were not considered by the courts. It is noteworthy that two men in the Kremenchuk TCC attempted to harm themselves to avoid mobilization.
The conscription procedure during mobilization is irreversible, meaning it has already occurred, and its declaration as unlawful will not restore the previous state of the conscripted individual.
The Parliament has adopted a bill providing a 50% discount for those who voluntarily pay a fine for evading conscription.
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