The Territorial Recruitment Centre confiscated a military registration document: when the court can oblige it to return it

The Kyiv District Administrative Court dismissed the claim of a conscript who argued that employees of the Territorial Recruitment and Social Support Center (TRSSC) illegally confiscated his temporary military registration certificate and did not return it. The court concluded that the plaintiff did not prove the fact of illegal confiscation of the document, nor did he confirm that it was in the possession of the defendant. Under such circumstances, there are no grounds to recognize the actions of the TRSSC as unlawful or to oblige it to return the document.

The plaintiff challenged the alleged illegal confiscation of the document

The plaintiff applied to the court after events in February 2025. Initially, he challenged a number of actions by the TRSSC, including the delivery of a mobilization order, refusal to grant a deferment, and confiscation of the military registration document. However, after the appellate court reviewed the case, only the claims regarding the alleged illegal confiscation of the temporary military registration certificate and its return were sent for reconsideration.

The plaintiff claimed that TRSSC employees confiscated his temporary military registration certificate issued in 2012 without legal grounds. In his opinion, the document was not returned, and despite the court's demand, the defendant did not provide proper evidence regarding the circumstances of its confiscation and submitted materials that, according to the plaintiff, related to another administrative case.

The TRSSC's position

The defendant denied the claim and stated that on February 9, 2025, during notification procedures, the plaintiff was handed a summons and then sent to a military medical commission, which recognized him fit for military service. On the same day, the plaintiff applied for the issuance of a military ID due to the absence of a temporary military registration document.

According to the defendant, after the plaintiff's application, a new military registration document was issued to him, which later became invalid and subject to replacement after he refused to be sent to the place of military service. At the same time, the TRSSC emphasized that the plaintiff did not provide any evidence of confiscation of the temporary certificate. Furthermore, the defendant referred to the current procedure for issuing military registration documents, which allows one to independently generate an electronic military registration document through the "Reserve+" app. Such a document has the same legal force as a paper one.

What the court established

The court noted that according to the Code of Administrative Procedure in cases challenging decisions, actions, or inactions of authorities, the plaintiff must prove the fact of the contested actions if the defendant denies them. Only after establishing such a fact does the court assess the legality of the respective actions of the authority.

After examining the case materials 320/17063/25, the court concluded that the plaintiff did not provide proper and admissible evidence that TRSSC employees confiscated his temporary military registration certificate.

Moreover, the court noted that although the plaintiff claimed signs of abuse of power or official authority by officials, no evidence of relevant investigations by authorized bodies or other materials confirming these circumstances were submitted to the case.

Why the court dismissed the claim

The court stated that the plaintiff did not prove either the fact of illegal confiscation of the military registration document or that this document is in the possession of the defendant. In the absence of an established fact of confiscation, there are no legal grounds to recognize the TRSSC's actions as unlawful or to impose an obligation to return the document.

In conclusion, the Kyiv District Administrative Court dismissed the claim in full. The decision may be appealed to the Sixth Administrative Court of Appeal.

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