A man was removed from the register due to a serious crime, but in Reserv+ he became liable for military service again: the court reviewed the TRC
The Fifth Administrative Court of Appeal upheld the decision partially satisfying the claim regarding the information in the "Oberih" registry and the inaction of the territorial recruitment center.
The plaintiff insisted that in 2022 he was removed from military registration based on paragraph 6 of part 6 of article 37 of the Law of Ukraine "On Military Duty and Military Service" as a person sentenced to imprisonment for committing a serious crime, but in 2025 his status in the registry was changed. The courts pointed to the lack of proper consideration of his application, which was the basis for recognizing the inaction as unlawful.
Circumstances of the case
The plaintiff applied to the court demanding to recognize the inaction of the territorial recruitment center regarding the failure to make changes to the Unified State Register of conscripts, those liable for military service, and reservists "Oberih" as unlawful and to oblige to enter information about his removal from military registration.
As established by the courts, on August 9, 2022, the plaintiff was removed from military registration based on paragraph 6 of part 6 of article 37 of the Law of Ukraine "On Military Duty and Military Service" due to his previous conviction to imprisonment for committing a serious or especially serious crime. Subsequently, in the electronic military registration document formed through the "Reserve+" application, in 2025 different information about his status was displayed — initially as "not liable for military service," and later as "liable for military service."
On July 18, 2025, the plaintiff submitted an application to the territorial recruitment center to make changes to the registry and restore the information about his removal from military registration. The application was received, but the defendant did not provide evidence of its consideration or response.
The court of first instance recognized the inaction regarding the failure to consider the application as unlawful and obliged the authority to consider the appeal and provide a response. The claim to directly make changes to the registry was denied.
Assessment of the appellate court
The panel of judges agreed that the plaintiff’s removal from military registration in 2022 was lawful, based on paragraph 6 of part 6 of article 37 of the Law of Ukraine "On Military Duty and Military Service," due to a prior conviction for a serious or especially serious crime.
The court noted that the authority maintaining the Registry is obliged to ensure the relevance of data and consider citizens’ appeals regarding their correction. In this case, there is no evidence of proper consideration of the plaintiff’s application dated July 18, 2025, or any decision made based on it.
At the same time, the appellate court emphasized that the demand for a direct obligation to make changes to the Registry without prior consideration of the application goes beyond the proper method of protection, as such actions are performed by the authorized body within the established procedure.
The arguments of the appeal were recognized as not refuting the conclusions of the court of first instance and essentially amounted to a reassessment of the established circumstances of case 400/10174/2.
Court decision
The appellate court dismissed the appeal and left the decision of the Mykolaiv District Administrative Court dated March 11, 2026, unchanged. The ruling took legal effect upon adoption and is not subject to appeal, except in cases directly provided for by the Code of Administrative Procedure of Ukraine.
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