Can Persons Convicted of Serious Crimes Demand Exclusion from Military Registration: The Appeal's Position

The Seventh Administrative Court of Appeal concluded that after the legislative changes that came into force on May 18, 2024, a previous conviction to imprisonment for a serious or especially serious crime is no longer among the grounds provided by law for excluding a person from military registration. The court also rejected arguments about the violation of the principle of the irreversibility of the law's effect over time, noting that the disputed legal relations arose after the new provisions came into force.

The panel of judges dismissed the appeal of the man who demanded that information about his exclusion from military registration be entered into the register based on a legal provision that was in effect until May 2024, and confirmed the legality of the first instance court's decision to deny the claim.

Circumstances of the Case

The plaintiff was convicted in 2011 for committing serious crimes and served a sentence of imprisonment. In 2018, he was excluded from military registration based on paragraph 6 of part six of Article 37 of the Law "On Military Duty and Military Service" in the version effective at that time. This provision stipulated the exclusion from military registration of citizens who had previously been convicted to imprisonment for committing serious or especially serious crimes.

Later, the man discovered that in the "Reserve+" application he was listed as liable for military service. After contacting the Territorial Center for Recruitment and Social Support, he was informed that on June 1, 2025, he was registered for military service in accordance with current legislation.

In July 2025, the plaintiff applied to the military registration authorities with requests to enter information about his exclusion from military registration as of October 12, 2018, into the Unified State Register of Conscripts, Persons Liable for Military Service, and Reservists, based on the record in his temporary military liability certificate. After receiving a refusal, he went to court.

Plaintiff's Position

The plaintiff insisted that he was lawfully excluded from military registration back in 2018 due to his conviction for a serious crime. In his opinion, the re-registration was unlawful, and the information about his exclusion should be entered into the state register.

What the Court Established

The appellate court noted that on April 11, 2024, the Verkhovna Rada adopted Law No. 3633-IX, which came into force on May 18, 2024. This law revised Article 37 of the Law "On Military Duty and Military Service." In particular, the provision that provided for the exclusion from military registration of persons previously convicted to imprisonment for serious or especially serious crimes was removed from the law.

Additionally, on May 18, 2024, the Procedure for Conscription of Citizens for Military Service during Mobilization, approved by the Cabinet of Ministers Resolution No. 560, came into force. The court noted that this procedure explicitly provides for the possibility of mobilizing persons previously convicted of serious crimes, and for certain categories of persons convicted of especially serious crimes — through a special procedure and by relevant decisions of authorized bodies.

According to the court, after the legislative changes, such persons may remain on military registration and, under conditions defined by law, be called up for military service during mobilization. Therefore, the military registration authority was not obliged to exclude the plaintiff from the register based on a provision that had already lost its validity.

The court also emphasized that the plaintiff requested to oblige the defendant to enter information about his exclusion from military registration into the Unified State Register of Conscripts, Persons Liable for Military Service, and Reservists specifically based on paragraph 6 of part six of Article 37 of Law No. 2232-XII. However, at the time the disputed legal relations arose, this provision was no longer in effect, so there were no legal grounds to satisfy such a demand.

Why the Court Rejected the Argument about the Irreversibility of the Law

The panel of judges separately considered the arguments about the violation of the principle of the irreversibility of the law's effect over time.

The court noted that the disputed legal relations regarding the plaintiff's military registration arose after May 18, 2024, when the changes introduced by Law No. 3633-IX came into force. Therefore, this case does not concern the application of new norms to legal relations that ended earlier, but the application of current legislation to legal relations existing at the time of the plaintiff's appeal and consideration of his requests.

The court also stressed that the plaintiff did not cite any constitutional right or freedom that was restricted due to his military registration. The mere fact of being on military registration in accordance with the law does not indicate a narrowing of the content or scope of a person's constitutional rights.

Court Decision

The Seventh Administrative Court of Appeal agreed with the conclusions of the Chernivtsi District Administrative Court and dismissed the appeal, leaving the first instance court's decision unchanged.

The panel of judges in case 600/4107/25-a concluded that after the changes introduced by Law No. 3633-IX, a previous conviction to imprisonment for a serious or especially serious crime is no longer a legally provided ground for excluding a person from military registration. Therefore, the demand to enter information about such exclusion into the register based on a provision that has lost its validity is unfounded.

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