The Territorial Recruitment Center refused a woman military registration after disability cancellation: what the court decided
The Donetsk District Administrative Court considered a case filed by a citizen against the Territorial Recruitment and Social Support Center regarding the recognition of the refusal to register her for military service as unlawful and the obligation to take necessary actions to resolve the issue of her military registration.
The court examined whether a person previously removed from military registration due to health reasons has the right to be re-registered after the cancellation of their established disability, and whether the refusal of the Territorial Recruitment and Social Support Center to send such a person for a medical examination to determine fitness for military service is lawful.
Case circumstances
The plaintiff was previously registered for military service as liable for conscription. In 2009, she was assigned a disability, due to which she was removed from military registration for health reasons according to the legislation in force at that time.
In February 2026, the expert team on assessing daily functioning canceled the previously assigned disability group. After that, the citizen applied to the Territorial Recruitment and Social Support Center with a request to be reinstated on military registration.
In response, the Center informed her that the legislation does not provide for reinstatement on military registration at the individual's request if they were removed due to health reasons. At the same time, the applicant was explained that if she wishes to serve, she can sign a contract for military service, which is a lawful way to join the Armed Forces of Ukraine.
Subsequently, the plaintiff again applied to the defendant with a request to be sent to a military-medical commission to determine fitness for military service and further resolve the issue of military registration. She also noted that she has a medical education, having graduated from a medical college specializing in "Midwifery" and obtained the qualification of a midwife.
The plaintiff believes that after the cancellation of the disability, there are no legal grounds to refuse to resolve the issue of her military registration, and the legislation does not prohibit re-registration of persons previously removed for health reasons.
Court's position
The court noted that according to the Constitution of Ukraine, state authorities and their officials are obliged to act only on the basis, within the powers, and in the manner prescribed by law.
Analyzing the provisions of the Law "On Military Duty and Military Service," the court pointed out that women who are fit for military service by health and age and wish to undergo basic military service are registered as conscripts upon their own application.
Moreover, the law explicitly provides that women who are fit for military service by health and age and have obtained a medical or pharmaceutical specialty in professional, vocational pre-higher, or higher education institutions are subject to military registration as liable for conscription.
The court emphasized that the plaintiff has a professional medical education, and special legislation contains no restrictions on re-registration of persons previously removed for health reasons.
Court conclusions
In case No. 200/2062/26, the court agreed with the plaintiff's arguments that Ukrainian legislation does not prohibit re-registration of citizens previously removed for health reasons if those circumstances have changed.
Accordingly, the court concluded that the refusal of the Territorial Recruitment and Social Support Center, stated in the letter dated February 25, 2026, is unlawful.
Evaluating the chosen method of protection, the court noted that it complies with the principles of proper and effective judicial protection established in the practice of the Supreme Court, the Constitutional Court of Ukraine, and the European Court of Human Rights. Judicial protection must be complete and ensure real restoration of the violated right without the need for repeated court appeals.
Considering the absence of legislative obstacles to resolving the issue of the plaintiff's military registration, the court found it appropriate to oblige the defendant to send her for a medical examination to determine fitness for military service, after which the issue of registration should be resolved.
As a result, the court fully satisfied the claim, recognized the refusal of the Territorial Recruitment and Social Support Center to register the plaintiff for military service as unlawful, and obliged them to send her for a medical examination to determine fitness for military service, based on which the issue of her military registration should be resolved.
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