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Publication date: 17.03.2025
Vitalii Bilychenko is a lawyer in Poland and Germany with over 20 years of experience. Specializes in litigation, bankruptcy, immigration, and corporate law. Provides legal support for businesses and individuals, ensuring effective protection of their rights at the international level.
Legal Solution to the Problem of Ignoring the Deferment Request
Government agencies are required to comply with the law and ensure equal access to administrative procedures for all citizens. However, cases of bureaucratic inaction, where legitimate requests are ignored, are common.
The client submitted a deferment request to the Regional Territorial Recruitment and Social Support Center (RTC and SP) along with all necessary documents via electronic communication using an electronic digital signature (EDS). However, the RTC and SP failed to process the request, in violation of existing legislation.
The plaintiff decided to challenge the RTC and SP’s inaction in court, as the refusal to review the documents violated his constitutional and legal rights regarding mobilization procedures.
The central legal issue was the right of citizens to use electronic document exchange with state agencies. The court reviewed the evidence and confirmed that the defendant had no legal grounds to refuse consideration of the plaintiff’s application.
Legal Actions Taken
- Filing an administrative lawsuit
- Legal analysis of mobilization and recruitment laws
- Collecting evidence of RTC and SP’s inaction
- Representing the plaintiff in court
- Proving the legality of electronic document exchange
Key Stages of the Case
- Legal consultation – analyzing the client’s situation and developing a strategy
- Drafting the lawsuit – gathering evidence and preparing legal arguments
- Court proceedings – presenting the plaintiff’s position in court
- Court ruling – ordering the defendant to consider the deferment request
- Enforcement of the decision – ensuring compliance with the court’s ruling
Key Benefits of the Court’s Decision
Protection of citizens’ rights – the court declared the RTC and SP’s inaction unlawful
Legal precedent – the ruling can be used in similar cases
🔹 Recognition of digitalization – confirmation of EDS as a valid legal document
Frequently Asked Questions
Питання
Can a deferment request be submitted electronically?
Відповідь
Yes, according to the law, documents signed with an EDS have the same legal effect as paper documents.
1. Can a deferment request be submitted electronically?
Yes, according to the law, documents signed with an EDS have the same legal effect as paper documents.
Питання
Can this ruling help others in similar situations?
Відповідь
Yes, the decision sets a precedent that can be used to protect citizens' rights in future disputes.
The court's ruling in case No. 200/6253/24 represents a significant victory for the plaintiff and reaffirms the obligation of state institutions to comply with legislative norms regarding digital document exchange and citizens' rights. The refusal of the RTC and SP to review the application was declared unlawful, confirming that all government bodies must process electronically submitted documents on equal terms with paper documents.
This decision has precedent-setting significance, as it establishes a clear legal standard for electronic document processing in mobilization procedures. In the future, this ruling may facilitate the submission of deferment applications, particularly for individuals with disabilities who face difficulties in physically submitting documents.
Additionally, the court's decision highlights the need for further legislative improvements in the field of e-governance and mobilization procedures to prevent similar cases. Legal experts recommend that government institutions establish clearer guidelines for citizen interactions through digital communication channels.
Thus, this ruling not only protected the rights of an individual citizen but also contributed to strengthening digitalization principles and the rule of law in Ukraine.
