Military Reservist with Disability Lost Court Case Against Territorial Recruitment Center Regarding Fine for Failure to Appear for Summons

A military reservist filed a lawsuit with the Dergachi District Court of Kharkiv Region against the Territorial Recruitment and Social Support Center, requesting the cancellation of the administrative offense ruling No. R361429 dated February 17, 2026, issued by the acting head of the Territorial Recruitment and Social Support Center, which held the plaintiff administratively liable under Part 3 of Article 210-1 of the Code of Ukraine on Administrative Offenses and imposed an administrative fine of 17,000 UAH, to close the administrative offense case and recover the paid court fee.

Case Circumstances

The plaintiff argued that he was registered for military service, had a third group disability, and was deferred from conscription. The summons was sent to the registration address, but the plaintiff claimed he properly fulfilled the requirements to update his data, and the ruling was issued again after the previous case was closed.

The defendant's representative, in response to the claim, requested dismissal of the lawsuit, stating that the plaintiff did not appear for summons No. 6118766 dated January 3, 2026, to update his data, did not provide valid reasons for absence, and the summons is considered properly delivered. Additionally, the plaintiff personally submitted an application through the electronic cabinet, in which he did not dispute the violation and agreed to administrative liability.

The court established that the summons was sent to the plaintiff by registered mail, which was returned with the note "addressee absent at the specified address." The plaintiff had a deferral due to third group disability, but the validity of the previous certificate expired on December 1, 2025, and the renewed confirmation of disability occurred on January 19, 2026, i.e., after the summons date.

Court Decision

The Dergachi District Court of Kharkiv Region considered case No. 619/1303/26 and decided to dismiss the administrative lawsuit.

The court concluded that the defendant proved the presence of an administrative offense in the plaintiff's actions as provided by Part 3 of Article 210-1 of the Code of Ukraine on Administrative Offenses. The summons was properly sent, and the plaintiff's failure to appear within the specified period without valid reasons constitutes a violation of the legislation on defense, mobilization training, and mobilization.

The court noted that the obligation to update personal data lies with the military reservist, who must personally contact the Territorial Recruitment and Social Support Center. The existence of a deferral, confirmed after the summons date, does not exempt from the duty to appear upon summons.

The contested ruling complies with the requirements of the Code of Ukraine on Administrative Offenses, was issued on the basis and within the powers granted to the authority, given the presence of an offense in the plaintiff's actions, and is therefore lawful.

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