Due to the full-scale invasion of the Russian Federation in Ukraine, martial law has been declared and general mobilization is in effect. During this period, men aged 18 to 60 can be drafted into the ranks of the Armed Forces of Ukraine.

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Sometimes even those who are legally exempt from conscription are mobilized. Lawyer Roman Likhachev said that judicial practice has already been formed in Ukraine, when persons called up against the law are excluded from the personnel of military formations. We are talking about parents who have three or more dependent children under 18 years of age..

According to him, in August 2022, the Vinnitsa District Administrative Court declared illegal and canceled the paragraph of the order of the military commissar on enrollment in the position of a shooter and ordered to exclude the soldier from the lists of personnel. The man is a father of many children and has three children under the age of 18, which confirms the identity of the parents of a large family, but he was mobilized by order of the military commissar.

The Territorial Center for Recruitment and Social Support (TCKSP) indicated that at the time of the call, the man did not provide such data. He also noted that one child is not the man’s own child, and therefore the plaintiff’s assertion that he has the right to exemption from conscription for military service during mobilization in accordance with paragraph 4 of part 1 of article 23 of the Law of Ukraine “On mobilization training and mobilization” is unfounded.

In response, the court ruled that, according to the law, men liable for military service who have three or more children under the age of 18 are not subject to conscription during mobilization.. That is, the plaintiff, according to the cited article 23, was subject to conscription during mobilization only with his consent and only at the place of residence. And according to the analysis of paragraph 4 of part 1 of this article, the determining fact is the maintenance of three or more children, and not the presence of a biological connection.

As a result, by a court decision, the order of the military commissar to enroll this person in the position of a shooter was recognized as illegal and canceled.. The man was released from military service.

Later, the Vinnitsa District Court made a similar decision in relation to another man, who was mobilized despite his right to be released from service.. The same decisions in similar cases were issued by the Transcarpathian District Administrative Court and the Rivne District Administrative Court..