Home » It is not possible to challenge the mobilization in court, says lawyer Ilya Shipko

It is not possible to challenge the mobilization in court, says lawyer Ilya Shipko

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It is not possible to challenge the mobilization in court, says lawyer Ilya Shipko

A full-scale war has been going on in Ukraine for more than a year, and along with it there is a general mobilization of conscript citizens. During this time, many Ukrainians were mobilized, but the rights of citizens were not violated by TCC and SP employees. Is it possible to challenge the mobilization and how to do it, he told lawyer Ilya Shipko.

“It is a mistake to believe that a person is considered mobilized from the moment of receiving a summons. A person is considered mobilized if he passed the military training and received a mobilization order. If a conscript who received such a mobilization order believes that it is unlawful, he has the right to appeal it.

I would like to note that it is not possible to challenge the mobilization in court. But it is possible to challenge the conclusion of the VLK if there are sufficient reasons for this. If you analyze it in more detail, you need to understand that the mobilization order is preceded by several stages of checking whether a person is suitable for military service. That is, if when clarifying the data, the person will submit documents giving the right to postponement, then there may not be a mobilization order. Or if a person does not agree with the conclusion of the VLK, then it can also be appealed administratively or in court.”

In order to avoid conflicting situations with the TCC and SP during mobilization, the lawyer advises to prepare in advance a package of documents that will give the conscript the right to deferment, if any.

“Such documents must be submitted before the handing over of the mobilization order. Also, do not forget about the legal assistance of a military lawyer. It is worth consulting with a specialist in advance to understand how to act in a particular situation. Legal advice will not be superfluous. You should be interested in your rights and be able to defend them if necessary. If a conscript person knows his rights and can protect them, then this increases the chances that mobilization will take place exclusively within the framework of the legal field.” — warned Ilya Shipko.

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Before lawyer Serhii Dubko explained that conscripts mobilized in violation of the procedure can be released by court order.

Read also: The legislation does not provide, but… Is it possible to serve summonses by phone

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