Chernihiv TRSSC mobilized an Azerbaijani citizen: court recognized the conscription as illegal

The Chernihiv District Administrative Court recognized the conscription of a foreigner for military service during mobilization as unlawful and canceled the corresponding order of the Territorial Recruitment and Social Support Center (TRSSC).

Case circumstances

The plaintiff applied to the Chernihiv District Administrative Court with a lawsuit against the TRSSC and the military unit, among other defendants, requesting, taking into account the clarified claims:

• to recognize as unlawful and cancel the order of the head of the TRSSC regarding the conscription of reservists and persons liable for military service during mobilization, for a special period, in the part concerning the conscription and sending of the plaintiff for military service;
• to recognize as unlawful and cancel the order of the military unit commander concerning the enrollment of the plaintiff in the lists of the military unit and his appointment to a position;
• to oblige the authorized official of the military unit to issue an order excluding the plaintiff from the lists of the personnel of the military unit from the date the court decision comes into legal force.

The plaintiff justified the claims by stating that conscription for military service during mobilization is illegal because he is not a citizen of Ukraine and has not obtained a Ukrainian citizen's passport, and therefore is not obliged to serve in the military during mobilization.

The court established that the plaintiff is a citizen of the Republic of Azerbaijan and resides in Ukraine based on a permanent residence permit. On March 12, 2026, police officers together with employees of the TRSSC stopped the plaintiff and brought him to the premises of the Territorial Center for Recruitment and Social Support. On the same day, he underwent a medical examination by the military medical commission and was recognized as fit for military service.

On March 12, 2026, the head of the TRSSC issued order No. 643 "On the conscription of persons liable for military service and reservists for military service during mobilization, for a special period," according to which the plaintiff was conscripted for military service during mobilization, for a special period, and sent to the military unit. According to the nominal list, the plaintiff was assigned to the command of the military unit. By order of the military unit commander dated March 14, 2026, No. 73, the plaintiff was enrolled in the lists of the personnel of the military unit and provided with all types of support.

The defendants in their responses to the lawsuit stated that during mobilization measures the plaintiff did not provide documents confirming the absence of grounds for conscription. His identity was established by the National Police officers, and extracts from the territorial community register and the taxpayer identification number card confirmed his registration and residence in Ukraine. The military unit indicated that at the time of enrollment it had no information that the plaintiff was a foreigner.

Later, the military unit informed the court that on May 26, 2026, the plaintiff was discharged from military service to the reserve due to family circumstances in accordance with paragraph 2 of part four of article 26 of the Law of Ukraine "On Military Duty and Military Service" and was sent for registration with the relevant territorial center for recruitment and social support.

Court decision

The Chernihiv District Administrative Court considered case No. 620/3680/26 in simplified proceedings without notifying the parties and decided to partially satisfy the administrative claim.

The court recognized as unlawful and canceled the order of the head of the TRSSC dated March 12, 2026, No. 643, in the part concerning the conscription of the plaintiff for military service during mobilization, for a special period.

The court denied the satisfaction of other claims — regarding the cancellation of the military unit's order on enrollment in the personnel lists and appointment to a position, as well as the obligation to exclude the plaintiff from the military unit's lists.

The court concluded that the plaintiff, as a foreigner (citizen of the Republic of Azerbaijan), is not subject to conscription for military service during mobilization. According to the legislation, foreigners and stateless persons may be admitted to military service in the Armed Forces of Ukraine exclusively voluntarily under a contract in accordance with the Procedure for Military Service in the Armed Forces of Ukraine by Foreigners and Stateless Persons, approved by the Decree of the President of Ukraine dated June 10, 2016, No. 248/2016. The defendants did not provide evidence of such a contract.

The court emphasized that the constitutional duty of Ukrainian citizens to defend the homeland, provided for in Article 65 of the Constitution of Ukraine, does not apply to foreigners, and they do not belong to the categories of persons liable for military service or reservists under the Law of Ukraine "On Military Duty and Military Service." The TRSSC was obliged to verify the citizenship status of the person, including by sending appropriate inquiries.

Since at the time of the decision the plaintiff had already been discharged from military service due to family circumstances, satisfying the claims regarding exclusion from the personnel lists would not have protected his rights.

The decision also ordered the reimbursement from the budget allocations of the TRSSC to the plaintiff of part of the paid court fee in the amount of 665.60 UAH.

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