News

The Supreme Court has banned appeals against summons in courts

Author:
Sofiia Telishevska
Date:

The Supreme Court of Ukraine ruled that the summons of the Territorial Center for Procurement and Social Support cannot be challenged in court. The court argued that such a document is only a means of notification in accordance with the law "On Military Duty and Military Service".

This conclusion was reached by the Administrative Court of Cassation as part of the Supreme Court in its decision dated September 8, 2022 in case No. 300/1263/22 (proceedings No. K/990/15867/22).

In this case, the plaintiff contested the order on the obligation to come to the collection point in accordance with the served summons.

Courts of first and appellate instances refused to open proceedings in the case, citing the fact that this dispute does not belong to the jurisdiction of administrative courts, since in the understanding of the Court of Cassation of Ukraine, drawing up a subpoena is not a decision or action of a subject of authority.

The Supreme Court, having reviewed the dispute based on the cassation appeal of the plaintiff, left the decisions of the courts of previous instances unchanged.

The military service of law and order in the Ukrainian Armed Forces notes that from now on it makes no sense for citizens to challenge such subpoenas, since all courts must take into account the conclusions of the Supreme Court.