One of the First Precedents of Dismissal of Servicemen by the Decision of the Court and Recognizing the Actions of the Military Service Illegal
Mr Artem Donets, a participant of the “Tomorrow’s Lawyer” Program, successfully defended the rights of a serviceman to timely dismissal from the Armed Forces of Ukraine in court.
A serviceman who serves in the ranks of the Armed Forces of Ukraine, called in 2014 for service in the order of mobilization (third wave), brought his matter to the lawyer. During his service, he was repeatedly transferred from one military unit to another, served on the front in the ATO zone, repeatedly participated in hostilities, was injured several times and became disabled. At the same time, despite the requirements of the law, he was not released in reserve, because the military part insisted that the client bears the service not in terms of mobilization, but in contract. The client insisted that he did not sign the contract and asked to demobilize him.
“We’ve collected evidence in the case, documented violations in the actions of the military unit and the Ministry of Defense of Ukraine, and subsequently filed an administrative suit with the Kharkiv Regional Administrative Court. The court of first instance partially satisfied the requirements of our client, having established the fact that he was serving military service not by contract, but by mobilization, and ordered to release him into the reserve.
We decided to go the extra mile, because the truth was on our side. We appealed against the decision of the court of first instance, and the appeal was satisfied. The actions of the Ministry of Defense and the military unit were found to be illegal and the defendants were obliged to release a serviceman by the court decision”, said Artem Donets, a participant of the Program.
Thus, the client received the highest quality legal assistance and became one of the first servicemen in Ukraine dismissed from military service by a court order.
The decision of the appellate court is available by the link: http://www.reyestr.court.gov.ua/Review/65285729.
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