A 23-year-old student who appealed to the Lviv District Administrative Court with a demand to secure a lawsuit and prohibit the TCC from conscripting him into the army, did not receive a positive decision.
The essence of the matter
The young man appealed against the TCC's refusal to grant him a deferment from military service due to full-time studies. In court, he claimed that he has a legal right to a postponement in accordance with the Law "On Mobilization Training and Mobilization". However, the TCC rejected his application, citing the fact that according to the data of the Unified State Electronic Database of Education (EDEB), the student violated the procedure for obtaining an education, which did not meet the requirements of the law.
Court action
The student appealed to the court with a demand to correct the information in the EDEBO and to confirm that his studies do not contradict the requirements of the Law "On Education". He also asked the court to prohibit the TCC from taking any actions aimed at conscripting him into the army, pending a decision on his lawsuit. At the same time, he noted that he has a summons for November 11, 2024, and expressed fears about forced conscription into military service, which could violate his rights.
Court decision
The court considered the student's application and came to the conclusion that he did not prove the violation of his rights and the illegality of the TCC's actions. The court noted that the mobilization procedure is clearly regulated by law, and the existence of a subpoena is not a sufficient basis for the application of enforcement measures. As a result, the court refused to grant the student's application to secure the claim.
