On 1 July 2026, the Higher Administrative Court of Saxony (Sächsisches Oberverwaltungsgericht) delivered its judgment in case 2A159/24.A concerning the entitlement to subsidiary protection for Russian nationals subject to compulsory military service.
The applicant, a 23-year-old Russian national who had lived in Germany since the age of 16, claimed that he would face serious harm if returned to Russia due to his likely conscription for military service and the risk of subsequent involvement in combat operations in Ukraine. The Court considered that he was likely to be called up for basic military service and that his prospects of obtaining alternative civilian service were limited. Nevertheless, it held that the basic military service in Russia did not in itself raise a real risk of serious harm within the meaning of Article 15 of Regulation (EU) 2024/1347 . Although the Court acknowledged that dedovshchina, a system of harassment and intimidation of younger recruits, continues to occur within the Russian armed forces, it considered that such acts could not be attributed to the State and that the number of reported incidents did not establish a considerable risk of ill-treatment.
Regarding the involvement in the war in Ukraine, the Court recognised that compulsory participation in combat operations in a war of aggression contrary to international law could constitute serious harm. Nevertheless, it found that there was no considerable probability that the applicant would be deployed to Ukraine. Similarly, while reports indicated that conscripts may be subjected to pressure, deception or violence to induce them to become contract soldiers, the available evidence did not establish that the applicant faced a considerable risk of being coerced into signing such a contract. The Court therefore concluded that he was not entitled to subsidiary protection.