The Kirov Oblast Court ruled in favor of conscript Ivan Smolnikov, exempting him from military service because his mobilized brother had died in the war. According to the court’s decision, this exemption applies to the relatives of all deceased mobilized servicemen. The information was shared by the human rights organization Conscript School.
The court acknowledged Ivan Smolnikov’s right to avoid conscription due to his brother’s death. The ruling states that sons and brothers of both deceased conscripts and mobilized soldiers are entitled to exemption from military service.
Smolnikov, a resident of Kirovo-Chepetsk, was summoned to military service in 2023. He challenged the draft decision in court, stating that he was eligible for deferment because his brother had died in the line of duty. Smolnikov won the case in the Court of Appeals.
The military enlistment office filed a cassation appeal, arguing that mobilized soldiers should be considered equivalent to contract servicemen rather than conscripts and, therefore, Smolnikov was not entitled to an exemption. However, the Court of Cassation ruled in Smolnikov’s favor and upheld the appellate court’s decision.
Human rights advocates from Conscript School highlight that previously, only the relatives of conscripts who had died or were injured in service were eligible for exemption from military service. This right now also extends to the relatives of mobilized servicemen, who can petition the military enlistment office for exemption, citing the court’s decision in Smolnikov’s case.