The Territorial Recruitment Center declared a man wanted for not attending the Military Medical Commission without being summoned by a summons: the court recognized the actions as unlawful

The Volyn District Administrative Court considered a case filed by a conscript against the Territorial Recruitment and Social Support Center regarding the recognition of unlawful actions related to entering information about violations of military registration rules into the Unified State Register of conscripts, conscripts liable for military service, and reservists, and the obligation to remove such information from the register.

The plaintiff challenged the entry into the Register of information stating that he did not attend or refused to attend the military medical commission, as well as related information about his being wanted and the Territorial Recruitment and Social Support Center's appeal to the National Police authorities to deliver him for the purpose of drawing up a protocol.

Essence of the case

The plaintiff stated that while using the "Reserve+" mobile application, he found a mark in his electronic military registration document about a violation of military registration rules. The document contained information about being wanted on the grounds of "not attending (refusing to attend) the Military Medical Commission (MMC)", with the start date set as November 10, 2025. It was also noted that on the same day, the Territorial Recruitment and Social Support Center appealed to the National Police authorities to deliver him for the purpose of drawing up a protocol due to failure or refusal to attend the military medical commission.

The plaintiff emphasized that he was never summoned to the Territorial Recruitment and Social Support Center, did not receive any summons, and his personal data were updated in a timely manner. Moreover, he was not held administratively liable for violations of military registration rules, and no rulings or protocols were drawn up against him under Articles 210 or 210-1 of the Code of Ukraine on Administrative Offenses.

The plaintiff also pointed out that he was granted a deferment from conscription during mobilization until May 3, 2026.

The case materials indicate that the "Reserve+" application contained information about the plaintiff's military registration as liable for military service, the update of personal data on July 8, 2024, and the existence of a deferment from conscription until May 3, 2026. At the same time, the electronic military registration document displayed information about the violation of military registration rules, the announcement of being wanted, and the appeal of the Territorial Recruitment and Social Support Center to the National Police authorities.

To clarify the grounds for entering such information, the plaintiff's representative sent a lawyer's inquiry to the Territorial Recruitment and Social Support Center. In response, the Center stated that it had no information about the plaintiff's attendance at the military medical commission or his health status, and therefore the plaintiff needed to appear at the center to clarify the data.

Court's position

The court noted that the legal regulation of relations in the field of citizens' fulfillment of military duty is carried out by the Law of Ukraine "On Military Duty and Military Service." Military duty includes, among other things, compliance with military registration rules, and the personal and qualitative registration of conscripts, liable persons, and reservists is maintained by entering relevant information into the Unified State Register of conscripts, liable persons, and reservists.

The court established that the plaintiff complied with the legislative requirement to update personal data after the entry into force of Law No. 3633-IX, as he updated them on July 8, 2024, within the legally established timeframe.

At the same time, the court drew attention to the fact that the body maintaining the Register is the Territorial Recruitment and Social Support Center, which is obliged to ensure the relevance and accuracy of the information entered into the Register's database.

Analyzing the legislative norms regarding attendance at the military medical commission, the court noted that the medical examination of liable persons is conducted based on an appropriate referral and summons by the Territorial Recruitment and Social Support Center. According to the Procedure for conscription of citizens for military service during mobilization, reservists and liable persons are required to appear for medical examination at the time and place specified in the summons.

The court concluded that a prerequisite for attending the military medical commission is a proper summons of the liable person or reservist. Current legislation does not impose an obligation on the liable person to independently attend the military medical commission, except in cases of changes in health status or other circumstances requiring such attendance.

During the consideration of case No. 140/2125/26, no evidence was provided that the plaintiff received a summons or other notification about the need to attend the military medical commission. The defendant also did not submit a response to the claim or provide evidence confirming the legality of entering the disputed information into the Register.

Court conclusions

The court concluded that in the absence of evidence of a proper summons of the plaintiff to attend the military medical commission, he had no obligation to attend the MMC. Therefore, there are no legal grounds to conclude that he did not attend or refused to attend the military medical commission.

Under these circumstances, entering information into the Unified State Register of conscripts, liable persons, and reservists about the plaintiff's violation of military registration rules, as well as information about his being wanted on the grounds of failure or refusal to attend the military medical commission, is unlawful.

The court recognized the actions of the Territorial Recruitment and Social Support Center regarding the entry of information about the plaintiff's violation of military registration rules into the Register as unlawful and ordered the removal of such information from the Unified State Register of conscripts, liable persons, and reservists.

Due to the full satisfaction of the claim, the court also recovered the court fee of UAH 1,331.20 in favor of the plaintiff at the expense of the defendant's budget allocations.

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