Court disputes with Military Recruitment Offices

It's a well-known phenomenon that the military recruitment offices often infringe upon the rights and legal interests of citizens bound to service. Previously, infringements generally took the form of baseless refusals to provide conscripted military service deferments, as well as illegal resolutions by draft commissions to draft citizens for military service who were exempt from serving for health reasons.

After the 2022 Presidential Decree of the Russian Federation “On declaration of partial mobilization in the Russian Federation” was announced, a large number of cases went to court disputing resolutions by the draft commission to mobilize them for military service.

Furthermore, citizens bound to service who have gone abroad dispute refusals to be stricken off he conscription list due to being outside the Russian Federation for longer than 6 months.

Defending one's violated rights requires going to court to file an administrative lawsuit and demand:

• a draft commission resolution be deemed illegal or
• to have a military commissar’s inaction who failed to strike citizens off the conscription list be deemed illegal.

In submitting a lawsuit to court, it's very important to determine who the administrative defendant in the case is.

In this case, when disputing resolutions by the draft commission, it is the commission that is the administrative defendant, not the military recruitment office.

However, when disputing a refusal to strike a citizen from the conscription list, the military commissar must be the administrative defendant while the military recruitment office may fill the role of a co-defendant. This is because being stricken off the conscription list is within the powers of the military commissar not the military recruitment office.

The most important thing in examining disputes with military recruitment offices, military commissars, and draft commissions is clearly demonstrating the right that was infringed upon as well as adeptly backing up one's claims with evidence.

Our team has substantial experience handling court disputes with military recruitment offices and is able to help defend your rights even in the trickiest situations. We are conscientious lawyers and we do not claim to perform miracles; however, we will do everything we can to win the dispute. Extensive experience handling such cases will allow us to proficiently evaluate the prospects for your case.

Get in touch with us today – because legal issues do not go away on their own but only tend to grow bigger and more difficult to resolve over time.