In Kyiv, a conscript was fined 25,500 UAH for failing to undergo a repeated military medical examination – the court recognized procedural violations in the Territorial Recruitment Center

The Desnianskyi District Court of Kyiv canceled the ruling imposing a fine for failing to undergo a repeated medical examination and closed the proceedings in the administrative offense case.

Case circumstances

A conscript filed a lawsuit with the Desnianskyi District Court of Kyiv against the Territorial Recruitment and Social Support Center, requesting to recognize as unlawful and cancel the ruling of the head of the Territorial Recruitment and Social Support Center No. 610 dated March 13, 2026, which held him administratively liable under Part 3 of Article 210-1 of the Code of Ukraine on Administrative Offenses and imposed an administrative penalty in the amount of 25,500 UAH, as well as to close the proceedings in the administrative offense case.

The plaintiff justified his claims by stating that he learned about the contested ruling only on May 14, 2026, from a letter about the initiation of enforcement proceedings. The ruling was issued in violation of the deadlines stipulated by Article 38 of the Code of Ukraine on Administrative Offenses. The moment of detecting the offense was June 6, 2025, since all necessary information was contained in the Unified State Register of conscripts, reservists, and liable persons "Oberig." Furthermore, the plaintiff was not present at the case hearing and did not receive the protocol on the administrative offense.

The defendant did not appear at the court hearing, did not submit a response to the claim, and did not provide case materials on the basis of which the plaintiff was held administratively liable.

The court established that the plaintiff underwent a military medical commission on January 26, 2024, and was recognized as limitedly fit for military service. According to Law of Ukraine No. 3621-IX dated March 21, 2024, which came into force on May 4, 2024, citizens recognized as limitedly fit are obliged to undergo a repeated medical examination by June 5, 2025. The plaintiff did not undergo such an examination by the specified date.

Court decision

The Desnianskyi District Court of Kyiv considered case No. 754/9663/26 and decided to fully satisfy the administrative claim.

The court recognized as unlawful and canceled ruling No. 610 dated March 13, 2026, in the administrative offense case under Part 3 of Article 210-1 of the Code of Ukraine on Administrative Offenses and closed the proceedings in the case based on paragraph 7 of Part 1 of Article 247 of the Code of Ukraine on Administrative Offenses.

The court noted that the burden of proving the legality of its decision, action, or inaction lies with the authority according to Part 2 of Article 77 of the Code of Administrative Procedure of Ukraine. The defendant did not provide evidence of proper and timely notification of the plaintiff about the date and time of the case hearing, nor the protocol on the administrative offense. Moreover, the ruling was issued in violation of the three-month deadline from the date of detection of the offense, as stipulated by Part 9 of Article 38 of the Code of Ukraine on Administrative Offenses.

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