The Criminal Court of Cassation as part of the Supreme Court ruled that conscription remains irreversible, even if the mobilization took place with violations. About this informs website of the Supreme Court.
The case was considered based on a lawsuit filed by a serviceman against the district territorial center of recruitment and social support, as well as a military unit. The man claimed that he was drafted without passing a medical examination.
Courts of first and appellate instances recognized the conscription procedure as illegal and ordered the military unit to release the plaintiff, considering it a restoration of his rights. However, the Supreme Court held that the issue of dismissal from service was beyond the scope of the dispute between the claimant and the territorial recruitment center.
“Such a way of protecting the violated right will interfere with other legal relations, which are regulated by other legal norms, which were not investigated by the courts of previous instances, and will create a situation of unenforceability of the court decision.” – says the message.
The Supreme Court emphasized that conscription for military service during mobilization is irreversible, that is, such that it cannot be revoked, even if the procedure was found to be illegal. This does not exempt the conscript from service. The court also noted that the absence of a medical examination during the draft does not confirm the plaintiff’s unfitness for military service and is not a reason for his dismissal.
