In Ukraine, student mobilization is not provided for during a special period, but a completely different situation occurred with 19-year-old resident of Kharkov. At the beginning of the full-scale invasion, he and his family left for Uzhgorod to save their lives. And already at the final station, representatives of the military registration and enlistment office approached him. As a result, Vladimir was mobilized and sent to a military unit. For a year and a half he participated in hostilities, while his representative in the courts proved that the actions of the TCC were illegal.
– The plaintiff was a 4th year full-time student of the Mechanical Faculty of the Kharkov National Automobile and Highway University. He was a member of student government bodies and was actively involved in the development of the educational institution.– told FACTS lawyer of the public reception of the Ukrainian Helsinki Union for Human Rights Roman Likhachev. – In March 2022, when the Russian occupiers shelled Kharkov, Vladimir decided to evacuate his mother to Uzhgorod. But as soon as he got off the train at the final station, representatives of the military registration and enlistment office and police approached. The guy showed his student ID and said that he was a full-time student. But he was told that he should show these documents to the military unit, and he would be fired without any problems. But as a result, without passing a military medical commission, Vladimir was assigned to the personnel of one of the units. He became a machine gunner. I note that the legislation does not prohibit the mobilization of adults; in this case, it was a matter of deception, because there is no such basis as dismissal from a military unit. That is, the person was immediately told a lie. A military unit cannot dismiss a serviceman from service; to do this, you only need to go to court.
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– What happened next?
– After studying, Vladimir was sent to the combat zone. He turned to our union for help. We immediately wrote an appeal to the TCC, however, we were never provided with a certificate confirming that the student had passed the VLK. They sent us a statement, seemingly from Vladimir himself, which he wrote on March 4 and asked to mobilize him. The student himself, upon seeing him, assured that he did not write it, the signature was not his. And he was mobilized two days earlier – on March 2. The original application to the military registration and enlistment office was never provided.
In addition, representatives of the Uzhgorod TCC, contrary to instructions, did not contact the Kharkov TCC and did not take information from the latter whether Vladimir was registered. Or even had a deferment from service. He studied in Kharkov and his file with all the documents was there.
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Educational institutions usually check with the recruitment center, confirming that a particular person of military age is actually studying there. I will add that while the legal red tape lasted a year and a half, Vladimir was expelled from his studies. Representatives of the military registration and enlistment office did everything to prevent us from going to court; they did not provide answers to requests.
Since the plaintiff was on the front line – he fought in the Kharkov and Bakhmut directions, I filed a statement of claim on my own behalf. Six meetings were held, no one came from the military registration and enlistment office. In my statement, I asked that the actions of the Uzhgorod regional territorial center for recruitment and social support for conscription during mobilization be recognized as illegal. At the same time, as it was established in court, the Kharkov National Automobile and Highway University sent lists of conscript students, who were provided with a certificate confirming the fact of training, to the military commissar of the Pavlograd United City Territorial Center for Recruitment and Social Support, where the plaintiff was registered. This indicated that the Uzhgorod regional territorial center for recruitment and social support did not fulfill its duty to verify the existence of grounds for a deferment from conscription during mobilization for military service.
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– What did the court ultimately decide?
— The case was considered by the court of first instance for several months. Disagreeing with the decision, TCC representatives filed an appeal. Only after consideration of the complaint in the appeal, Vladimir was dismissed from service. Next, representatives of the TCC filed a cassation. But justice is on our side. We filed an application for compensation from the Uzhgorod TCC and won the case.
The court decided to recover 50 thousand hryvnia in our favor, the amount must be paid by the State Treasury. I will add that our state already owes billions in similar cases, but pays nothing. Here we fought more for justice. Because it turns out that the part that sees violations on the part of the TCC cannot dismiss the person from service. And she only needs to go to court to prove that the actions are illegal. It’s good that Vladimir waited. But it happens that the process is so drawn out that a fighter may simply not survive and die at the front. And all because of someone’s inaction!
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– Vladimir plans to return to study?
— Yes, he has a certificate of combat participation and has the right to free training. Will be updated at the university.
—Are there many similar situations now?
– I still have a large number of such requests. At the beginning of the full-scale invasion, we recorded hundreds of cases of mobilization of large families with criminal records… Now I have about ten such complaints in my work. In this case, it is important to prove that at the time of recruitment the representatives were informed that the person was a student. And for this you need to write an application to the military registration and enlistment office for a deferment from mobilization, adding the necessary copies of documents.
Earlier it was reported that the Rada continues to consider the draft of a new law on mobilization. The lawyer shocked me with his explanation of where TCCs can serve subpoenas.
In the photo in the title, lawyer Roman Likhachev
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