The Administrative Court of Cassation, part of the Supreme Court, recognized that the procedure for calling up a conscript for military service during mobilization is irreversible, even if it occurred illegally.
This was reported by the press service of the Supreme Court.
The Cassation Administrative Court considered the case on the basis of a military manʼs claim to the district territorial center of staffing and social support, a military unit, in which he demanded that his conscription be recognized as illegal and that he be dismissed from service.
The plaintiff went to court because he believes he was drafted into military service with violations — without a medical examination.
The court of first instance, and then the court of appeal, recognized that the military enlistment office had acted unlawfully. They ruled that the plaintiff should be released from military service in order to restore his violated rights.
However, the Supreme Court decided otherwise. The court noted that the decision to dismiss from military service goes beyond the scope of this case, as the issue concerns the draft procedure, not the fact of service.
The court also recognized the failure to comply with the draft procedure as a violation, but not the draft itself. Previous courts chose the wrong method of protection because discharge from the army does not correct the violation of the procedure but interferes with other legal relations. This can lead to a situation where the court decision will be impossible to enforce.
The Supreme Court emphasized that the mere fact that the plaintiff did not undergo a medical examination does not mean that he is unfit for service. Therefore, this is not a basis for his dismissal, as provided for by law.
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