What the status "wanted" means in Reserve+ after failure to appear at the TRC — the court has settled the dispute

The Second Administrative Court of Appeal confirmed the legality of entering information about violations of military registration rules and reflecting in the "Reserve+" application the status of a person being wanted after failing to appear at the TRC by summons into the Unified State Register of conscripts, those liable for military service, and reservists. The court concluded that if the summons was sent to the address that the liable person himself provided during the clarification of registration data, and the postal item was returned due to the expiration of the storage period, the person is considered duly notified about the call to the TRC.

At the same time, the court emphasized separately that the mark "violation of military registration rules" in the "Reserve+" application itself does not mean that the person has been held administratively liable and does not indicate the establishment of their guilt in committing an administrative offense. Such information only reflects the beginning of the procedure related to delivering the person to the TRC for drawing up a protocol on an administrative offense.

Circumstances of the case

The liable person applied to the court demanding to recognize the inaction of the TRC regarding not removing him from the wanted list as unlawful and to oblige the recruitment center to send a letter to the police about excluding the relevant information.

The basis for the claim was that he found information in the "Reserve+" application about violations of military registration rules and being wanted due to failure to appear at the TRC. The plaintiff stated that he was not held administratively liable, so entering such information is unfounded. He also claimed that he was not properly notified about the need to appear at the TRC and referred to the expiration of the terms for bringing to administrative responsibility provided by Article 38 of the Code of Administrative Offenses of Ukraine (CAO).

The Poltava District Administrative Court denied the claim, after which the citizen appealed the decision.

What the court established

The courts established that the TRC sent the plaintiff a summons dated July 14, 2025, requiring him to appear on July 30, 2025. The summons was sent by mail to the address that the liable person himself provided during the clarification of his registration data and which was contained in his military registration documents.

The postal item was not received by the addressee and was returned to the sender due to the expiration of the storage period. The appellate court noted that paragraph 41 of the Procedure for conscription of citizens for military service during mobilization, approved by the Cabinet of Ministers Resolution No. 560, defines cases when a person is considered duly notified about the call to the TRC even without actual receipt of the postal item.

Under these circumstances, the court agreed with the first instance's conclusion that the plaintiff was duly notified about the need to appear at the TRC. At the same time, the case materials did not contain evidence of valid reasons for his failure to appear or confirmation that he informed the territorial recruitment and social support center about such reasons.

Why the court recognized the legality of reflecting the information about being wanted

The key issue in the dispute was whether information about violations of military registration rules and the person's wanted status could be entered into the register without adopting a decision on an administrative offense.

The appellate court noted that in case of failure of the liable person to appear at the TRC summons, the legislation allows the territorial recruitment center to apply to the National Police to deliver such a person for drawing up a protocol on an administrative offense. It is for this purpose that the relevant request is formed and information about the person's wanted status is reflected.

The panel of judges separately emphasized that the TRCs do not maintain police wanted databases and do not enter or remove information from such databases. This concerns the legally provided mechanism for delivering the liable person to the TRC to formalize materials on a possible administrative offense.

The court noted that the mark "violation of military registration rules" in "Reserve+" does not indicate that the person committed an administrative offense punishable under Articles 210 or 210-1 of the CAO. Such information only means that after failure to appear by summons, a request to the police to deliver the person to the TRC was automatically generated.

What the court said about the terms for bringing to responsibility

The court rejected the plaintiff's arguments that the terms for bringing to administrative responsibility defined by Article 38 of the CAO had already expired.

The panel of judges noted that the legality of bringing to administrative responsibility and compliance with the relevant procedural terms should be assessed during the consideration of the administrative offense case. In this case, the subject of consideration was exclusively the grounds for reflecting information about violations of military registration rules in the register and the legality of the TRC's actions regarding initiating the procedure for delivering the person.

Court conclusion

The Second Administrative Court of Appeal in case 440/17464/25 concluded that after the plaintiff's failure to appear at the TRC by summons, which he was duly notified about, the territorial recruitment center had legal grounds to form a request to the police for his delivery and to enter into the Unified State Register of conscripts, those liable for military service, and reservists the relevant information about violations of military registration rules and the associated wanted status.

As a result, the appeal was dismissed, and the decision of the Poltava District Administrative Court remained unchanged.

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