The court overturned the refusal of the DPSU to leave the student who was on his way to study in Poland
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The Sixth Administrative Court of Appeal overturned the refusal of the State Border Service to leave the student who tried to study in Poland. The student had all the necessary documents, but was refused at two checkpoints, as the students are not included in the list of conscripts who are allowed to leave Ukraine during the war. The man began to sue the border guards, but the Kyiv District Administrative Court did not satisfy his demands, according to the court ruling. However, the student filed an appeal, and the court sided with him. Read also: Why did the students graduate, but now they stopped? Photo: IvanSemenovich/Depositphotos What happened? The man who filed the lawsuit was on military registration in the Boryspil district TCKSP and was deferred from mobilization for six months. According to the conclusion of the medical commission, he is also limited fit for service. He was enrolled in internal security studies at the Higher School of Internal Security in Łódź. Also, the student has a deferment from being called up for military service during mobilization – the head of the Boryspil District Military Committee issued him a relevant certificate. “The plaintiff is a reserve lieutenant, the military ticket states that he was granted a deferment from the draft, in accordance with Part 3 of Article 23 of the Law “On Mobilization Training and Mobilization”, for a period of 6 months from 09/16/2022 to 02/16/2023,” it says case On October 7, 2022, the student arrived at the checkpoint “Mohyliv-Podilskyi-Otach”. He provided the border guards with: a passport of a citizen of Ukraine for traveling abroad with a student visa stamp; a certificate of acceptance of a foreigner for in-patient education dated August 12, 2022; student status certificate; decision on admission to study; an agreement on the provision of educational services; organization of the 2022/2023 academic year (Plan of the academic year); payment order; certificate of completion of the summer school of Polish culture and language; student ID; a certificate from the Military Committee “For the departure abroad of students of professional pre-higher and higher education, trainee assistants, post-graduate students and doctoral students studying full-time or dual forms of education”; a certificate from the military medical commission on limited fitness; military ID; certificate dated 09/19/2022 signed by the owner of “Future Invest” LLC. In the last document, it was stated that the man works as a director of “Future Invest” and is going to study at the University of Internal Security in the city of Lodz. However, the student was refused to leave, referring to the fact that neither Cabinet Resolution No. 57 nor other laws that regulate this issue do not allow students to leave. On the same day, the man went to another Rososhany international checkpoint, where he was also refused. Read also: “Lost” on the way to the military unit – received a suspended sentence. How are evaders punished in Ukraine? At first, the student appealed to the Kyiv District Administrative Court with a lawsuit against the 24th and 31st border detachments. He requested that their refusals be recognized as illegal and canceled, as well as ordered to release him from the country. KOAS rejected the student’s claim, referring to the fact that from September 30, 2022, the departure of draft-age students to study abroad is limited. The court also noted that the permission for postponement and departure from the head of the Military Commissariat does not yet give him the right to cross the border. The student filed an appeal and won (case no. 320/10801/22). Themis decided that the border guards should not have forbidden the man to leave, as “restrictions on travel abroad for conscripts are introduced for the purpose of protecting the independence and territorial integrity of Ukraine”, and the plaintiff was temporarily dismissed from service. “The decisions of the defendants were made without taking into account the principle of proportionality between the adverse consequences for the rights, freedoms and interests of the plaintiff and the goals that such decisions are aimed at,” the judges noted. In addition, the border guards did not prove that the student lacked any documents for traveling abroad. Ultimately, the appeals court partially upheld the student’s claim. He canceled the previous decisions of the border guards, but could not oblige the State Security Service to release the student from the country, because this is not within the court’s competence. Only the border guards can make the final decision on crossing the border – and the student can apply to another checkpoint. “At the same time, the subject of power, when exercising his own competence and under the condition of a resolved dispute, must take into account the conclusions of the court, made when evaluating the appeal of his actions, decisions or inaction. In view of the above, the claim for the obligation not to obstruct the crossing of the state border, in the opinion of ShaAS, are not subject to satisfaction,” the judges ruled. Also, costs for professional legal assistance for a student (5,800 hryvnias) will be charged from the border guards. We will remind, despite the fact that students are not allowed to travel abroad during the war, some relaxations were introduced earlier – that is why there was confusion around this norm. And then Minister of Education Scarlett said that each application of a student to go abroad should be considered separately. Previously, we explained the punishment for evading mobilization. The UP also told how to get into the war. Read also: For “traveling” men: Ukraine has developed a guide on the conditions for traveling abroad during the war
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