The court annulled a man’s draft, ruling draft office staff cannot detain or forcibly bring citizens; only police have this authority, marking a key legal precedent.
The Third Administrative Court of Appeal has set an important precedent by ruling that draft office staff have no authority to detain or forcibly bring in citizens. The court upheld the complaint of a man who was unlawfully mobilized after being forcibly taken to the military enlistment office, Novyny Live reports.
This is stated in the court’s ruling.
The court annulled the draft — what is known about the case
The case materials indicate that the conscript was forcibly brought to the draft office by “unknown persons,” where he remained for several days.
Afterward, without following proper procedures, he was sent for a medical commission, declared fit for service, and drafted.
However, the man decided to challenge these actions, citing a serious violation of the conscription procedure. While the court of first instance (the district administrative court) partially granted the claim, the appeal fully resolved the case.
As a result, the appellate court fully granted the plaintiff’s requests:
- Declared the draft order unlawful and annulled it;
- Ordered the military unit to release the man from military service and remove him from the personnel roster.
Why the court annulled the draft
The main arguments on which the court based its decision to annul the draft concern the overstepping of authority by draft office staff.
“The authority to carry out administrative detention and forcibly bring a citizen to the draft office belongs only to police officers. Military personnel who notify conscripts do not have this right,” the court ruling states.
It also notes that detaining individuals as a measure to ensure proceedings under the Code of Ukraine on Administrative Offenses (CUAO) falls within the competence of the National Police and other bodies listed in Article 262 of the CUAO. Draft offices are not included in this list.
Therefore, draft office staff are only authorized to initiate detention, for example, in cases of searching for a person evading summons, while the police alone can carry out forcible delivery to the enlistment office. Any independent detention by draft office representatives is illegal. The court’s decision clearly establishes that forcibly bringing a citizen to the draft office without police involvement constitutes a serious procedural violation and is grounds for annulling the draft.
Recently, a military official explained why trust in draft offices has been declining in Ukraine.
Ombudsman Dmytro Lubinets reported on the scale of complaints regarding the harsh treatment by draft offices.
