A man was removed from military registration back in 2022, but remained liable for military service in Reserve+: what the court said

The Khmelnytskyi District Administrative Court considered a case filed by a citizen against the Territorial Recruitment and Social Support Center regarding the recognition of the unlawful refusal to enter information about his removal from military registration into the Unified State Register of conscripts, those liable for military service, and reservists.

As a result of the review, the court concluded that the actions of the Territorial Recruitment Center were unlawful and obliged it to enter up-to-date information about the plaintiff's removal from military registration into the register.

Case circumstances

The plaintiff stated that on March 11, 2022, he was recognized as unfit for military service with removal from military registration based on Article 64a of Schedule II of the List of Diseases of the Regulation on Military Medical Examination in the Armed Forces of Ukraine. This fact was confirmed by a military medical commission certificate and the corresponding note in his military ID.

At the same time, the electronic military registration document generated through the 'Reserve+' application contained information about the plaintiff's presence on the military register at the respective Territorial Recruitment and Social Support Center. Additionally, the register showed information about his violation of military registration rules.

To resolve these discrepancies, the citizen applied to the Territorial Recruitment Center with a request to enter information about his removal from military registration into the Unified State Register of conscripts, those liable for military service, and reservists 'Oberig'.

In response, the Territorial Recruitment Center informed him of the need to send documents for approval to the regional military medical commission. After a repeated appeal, the applicant was refused entry of the relevant information into the register and was advised to personally appear at the Territorial Recruitment Center with a package of documents, including a certificate of illness.

Considering this refusal unlawful, the citizen appealed to the administrative court.

Court's position

The court cited provisions of the Constitution of Ukraine, the Law "On Military Duty and Military Service," the Law "On Mobilization Preparation and Mobilization," as well as the Procedure for organizing and maintaining military registration of conscripts, those liable for military service, and reservists.

During the case review, it was established that the plaintiff underwent a military medical examination on March 11, 2022, and was recognized as unfit for military service with removal from military registration. The corresponding entry was made in his military ID.

The court noted that Article 37 of the Law "On Military Duty and Military Service" distinguishes between the concepts of "removal from military registration" and "exclusion from military registration." The legislator defined different grounds and legal consequences for these procedures.

In particular, in the case of removal from military registration, a person retains the status of liable for military service and may be re-registered. In contrast, exclusion from military registration means loss of the status of liable for military service.

The court stated that this legal position corresponds to the conclusions of the Supreme Court set out in the ruling dated May 21, 2025, in case No. 280/2880/24.

Since the evidence in the case confirmed the fact that the plaintiff was recognized as unfit for military service with exclusion from military registration, and the corresponding note is in the military ID, there were no grounds to refuse to enter this data into the Unified State Register of conscripts, those liable for military service, and reservists.

Court conclusions

The Khmelnytskyi District Administrative Court in case No. 560/138/26 concluded that the Territorial Recruitment and Social Support Center unlawfully refused to enter information about the plaintiff's exclusion from military registration into the Unified State Register of conscripts, those liable for military service, and reservists.

The court recognized the proper way to protect the violated rights as the recognition of such refusal as unlawful and obliged the defendant to enter accurate and up-to-date information about the citizen's exclusion from military registration into the register.

As a result, the administrative claim was fully satisfied. The court recognized the refusal of the Territorial Recruitment Center to enter the relevant information into the 'Oberig' register as unlawful, obliged it to enter such information, and recovered a court fee of 1,331.20 UAH in favor of the plaintiff at the expense of the defendant's budget allocations.

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