The wife of a St. Petersburg mobilized man demands to prosecute the commander of a military unit who ignored the court decision
A resident of St. Petersburg, Sergei Kulik, was rounded up on October 25, 2022: police officers stopped him on the street and took him to the military commissariat of the Nevsky district, where they handed him a summons to turnout the next morning.
On October 26, he came with a summons to the draft board, and the draft board immediately called Sergei for military service, according to the decree on partial mobilization, ignoring health problems and family circumstances. Sergey and his wife Anna have two young children, one of whom suffers from a genetic liver disease and shortly before that was sent to a dispensary in connection with suspected tuberculosis.
According to lawyer Maxim Grebenyuk in the telegram channel «Military Ombudsman”, the family challenged the decision to call in the Krasnoselsky District Court.
Sergey asked to cancel the decision and suspend its execution, since he could be dangerous to others due to suspicion of tuberculosis in his son.
Despite the legal battle, on December 8, 2022, Sergei was sent to the war zone. And two weeks later, on December 21, 2022, the Krasnoselsky District Court adopted a ruling on preliminary protection measures, by which it suspended the execution of the draft decision and forbade the command to send Sergei to his duty station.
According to Part 1 of Art. 88 of the CAS RF (“Execution of a court ruling on the application of preliminary protection measures in an administrative claim”), a court ruling on preliminary protection measures is subject to immediate execution. On December 23, 2022, Anna personally handed over the court ruling to Sergei's military unit. However, the unit commander did not take measures to return Kulik home. On January 5, Sergey was wounded.
On March 2, Anna Kulik applied to the military investigation department for the St. 315 of the Criminal Code of the Russian Federation (“Non-execution of a court sentence, court decision or other judicial act”).