Court denied removal from military registration of a man who referred to the 2000 MMC conclusion

The Vinnytsia District Administrative Court considered an administrative case filed by a citizen against the Territorial Recruitment and Social Support Center and another defendant regarding the recognition of unlawful inaction and the obligation to enter information about unfitness for military service and removal from military registration into the Unified State Register of conscripts, reservists, and those liable for military service. Based on the case review, the court concluded that there are no legal grounds to satisfy the claim.

Case circumstances

The plaintiff claimed that on June 26, 2000, he underwent a medical examination by a medical commission, which recognized him as unfit for military service with removal from military registration. According to him, the corresponding entries were made in his military registration document.

After obtaining information from the Unified State Register of conscripts, reservists, and those liable for military service, he found that information about his removal from military registration was absent in the register, and he himself held the status of liable for military service and was registered.

In this regard, the plaintiff applied to the Territorial Recruitment Center with a request to enter information about unfitness for military service and removal from military registration into the register. In response, he was informed that he was registered for military service and was asked to appear for personal data clarification. After a repeated request through a representative, the changes were not made to the register, which became the basis for the court appeal.

At the same time, the defendant opposed the claim, stating that he did not have documents confirming the plaintiff's medical examination and recognition as unfit for military service with removal from military registration. Additionally, the defendant pointed to entries in the military registration document indicating that in 2006 the plaintiff was removed from military registration, not excluded from it.

Court's position

After examining the case materials No. 120/15308/25, the court established that at the time of the disputed legal relations, the plaintiff was registered for military service and held the status of liable for military service.

The court analyzed the entries in the plaintiff's military registration documents and found that after initial registration in 2000, he changed his place of registration, and on June 21, 2006, he was removed from military registration based on the fourth paragraph of clause 2 of part five of article 37 of the Law "On Military Duty and Military Service" as amended at that time.

The court is convinced that the case materials confirm the fact of the plaintiff's removal from military registration, not his exclusion from it.

The court emphasized that the legislation clearly distinguishes between "removal from military registration" and "exclusion from military registration." Upon removal from military registration, a person does not lose the status of liable for military service, and the law explicitly provides for the possibility of re-registration. In contrast, exclusion from military registration has different legal consequences and applies only when the grounds prescribed by law exist.

The court also noted that at the time of the plaintiff's request for exclusion from military registration, part six of article 37 of the Law "On Military Duty and Military Service" provided for exclusion from military registration only in cases of death, termination of Ukrainian citizenship, recognition as unfit for military service, or reaching the maximum age for reserve service.

Moreover, the case materials did not contain a military-medical commission conclusion about the plaintiff's complete unfitness for military service due to health under martial law conditions.

The court separately noted that current legislation does not provide for removal from military registration on the grounds of recognition as partially fit for military service. The court also mentioned that in 2015 the Ministry of Defense amended regulations on military registration, abolishing provisions on removal from military registration of persons recognized by military-medical commissions as unfit for military service in peacetime and partially fit in wartime.

According to the court, if the plaintiff considers himself unfit for military service due to health reasons, he is not deprived of the right to be referred for a military-medical commission examination. Only based on the results of such a medical examination and if unfitness for military service is established can the Territorial Recruitment Center have an obligation to exclude the person from military registration.

Court conclusions

The Vinnytsia District Administrative Court concluded that the defendants were not obliged to enter information about the plaintiff's unfitness for military service and his exclusion from military registration into the Unified State Register of conscripts, reservists, and those liable for military service.

The court stated that the documents in the case confirm only the fact of the plaintiff's removal from military registration in 2006, not his exclusion from it. Furthermore, the plaintiff did not provide evidence of a valid military-medical commission conclusion on unfitness for military service, which could be grounds for exclusion from military registration according to current legislation.

In view of this, the court denied the claim in full. The decision also states that due to the denial of the claim, court costs will not be reimbursed to the plaintiff.

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