For the first time, the court declared the decision to mobilize illegal. Alternative service helped a man avoid being sent to the front

The Gatchina Court of the Leningrad Region satisfied the claim of the mobilized Pavel Mushumansky and recognized his conscription as part of the mobilization as illegal. His lawyer Alexander Peredruk told Kholod about this.

From 2019 to 2021, Pavel Mushumansky was doing alternative civilian service. At the end of September, after the announcement of mobilization in the country, he was sent a summons. Mushumansky came to the draft board and tried to explain that he could not serve in the army for religious reasons. He also said that for this reason he was doing alternative service. However, the military registration and enlistment office did not listen to him and "one day" was sent to serve in the unit.

After that, Mushumansky's lawyer filed a lawsuit to challenge the legality of the decision of the military commissariat and the draft board. And the judge suspended the decision on mobilization until the case was considered on the merits.

“Pavel Mushumansky is a believer and his religious views do not allow him to hold a weapon in his hands. This right for him was recognized by the draft board. Now there is no law that allows you to replace the military mobilization service with the ACS. But the absence of federal legislation cannot strike a person in constitutional rights. The court and the draft commission must be guided by the norms of the Constitution. The draft commission was not guided by these norms, and the court, apparently, agreed with these arguments. At the very least, he recognized the conscription of Mushumansky for military service as illegal, ”explained Alexander Peredruk.

Now Pavel Mushumansky is at the location of a military unit. He will be able to return home only after the court decision comes into force.

Source: Alexander Peredruk

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