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.
- Since the beginning of the Russian invasion, martial law has been established in Ukraine, and general mobilization has been announced, which prohibits conscripts from leaving the country. Currently, martial law and general mobilization have been extended until November 21, 2022.
- On September 20, the Verkhovna Rada (Ukrainian Parliament) adopted in the first reading the draft law on the procedure for booking conscripts during mobilization. It provides a list of men who cannot be drafted.