The Territorial Recruitment and Social Support Center fined a man excluded from military registration 17,000 UAH: the court canceled the ruling

The Chernivtsi District Court of the city of Chernivtsi canceled the ruling of the Territorial Recruitment and Social Support Center imposing a fine under part three of article 210 of the Code of Ukraine on Administrative Offenses (CUAO) in the amount of 17,000 UAH. The court concluded that the plaintiff, who was excluded from military registration as unfit for military service, is not a subject of administrative liability under this provision.

Circumstances of the case

The plaintiff applied to the court demanding the cancellation of the ruling dated February 18, 2026, No. 93, which held him administratively liable under part three of article 210 of the CUAO and imposed a fine of 17,000 UAH.

The claim was motivated by the fact that during the update of his military registration document through the "Reserve+" application, the plaintiff discovered information about an alleged violation of military registration rules by him. To clarify the reasons, he personally came to the Territorial Recruitment and Social Support Center with all documents confirming his status.

At the premises of the Territorial Recruitment and Social Support Center, a protocol on an administrative offense under part three of article 210 of the CUAO was drawn up against him, and later a ruling imposing a fine was issued. The basis for liability was his failure to appear for military registration at the place of residence.

The plaintiff stated that he does not admit guilt and considers the protocol and ruling to be drawn up with significant violations of legal requirements.

As noted in the claim, since 2000 he was assigned the third disability group indefinitely as a person with a disability from childhood, and medical documents established contraindications to work involving the use of hearing.

According to the service record card, in 2001 he was recognized as unfit for military service and excluded from military registration. After forced relocation to Chernivtsi due to the occupation of Luhansk and after the start of the full-scale invasion, he again applied to the Territorial Recruitment and Social Support Center, where on March 8, 2022, he underwent a military medical commission. Based on its results, a diagnosis of "bilateral chronic sensorineural deafness" was established, and a decision was again made on unfitness for military service with exclusion from military registration. This was confirmed by the relevant certificate issued by the Territorial Recruitment and Social Support Center.

Additionally, in 2024 the plaintiff updated his data through the "Reserve+" application.

The plaintiff also noted that due to congenital defects, he has severe hearing and speech impairments and can communicate only in sign language. In his opinion, the employees of the Territorial Recruitment and Social Support Center did not take into account either the provided documents or the specifics of his health condition, which effectively made proper communication impossible. During the drawing up of the protocol and issuance of the ruling, a sign language interpreter was not provided to him; he was only shown places to sign.

Position and conclusions of the court

The court noted that according to article 235 of the CUAO, Territorial Recruitment and Social Support Centers are authorized to consider cases of administrative offenses provided for, in particular, by article 210 of the CUAO, and the heads of such centers have the right to impose administrative penalties.

At the same time, the court drew attention to the note to article 210 of the CUAO, which provides that the provisions of articles 210 and 210-1 of this Code do not apply if it is possible to obtain the personal data of the conscripted person through electronic information interaction between state information and communication systems, registers, and databases. The court stated that the defendant had the opportunity to obtain the necessary personal data of the plaintiff precisely in this way.

The court also cited provisions of the Law of Ukraine "On Military Duty and Military Service," according to which conscripted persons are those who are in reserve for the staffing of the Armed Forces of Ukraine and other military formations during a special period. At the same time, paragraph 3 of part six of article 37 of this Law provides that citizens recognized as unfit for military service are subject to exclusion from military registration.

On this basis, the court concluded that persons excluded from military registration are not conscripted persons.

The court emphasized that the subject of the administrative offense provided for in article 210 of the CUAO can only be conscripts, conscripted persons, and reservists. The case materials confirmed that the plaintiff was recognized as unfit for military service with exclusion from military registration as early as 2022 and was not subject to conscription during mobilization.

Furthermore, the court noted that according to article 7 of the CUAO, proceedings in cases of administrative offenses are conducted based on strict adherence to legality, and during the consideration of the case, the body bringing the person to responsibility is obliged to clarify all circumstances provided for by articles 245 and 280 of the CUAO. The ruling on administrative liability must be based on sufficient and indisputable evidence.

Having assessed the established circumstances of case No. 725/2058/26, the court concluded that the plaintiff is not a conscripted person, conscript, or reservist, as he was excluded from military registration. Therefore, he is not a subject of the administrative offense provided for in part three of article 210 of the CUAO.

As a result of the case consideration, the court satisfied the claim, canceled the ruling of the Territorial Recruitment and Social Support Center imposing the fine, closed the proceedings in the administrative offense case, and recovered the court fee of 665.60 UAH in favor of the plaintiff at the expense of the defendant's budgetary allocations.

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