The Military Medical Commission declared unfit, but the man remained registered in “Reserve+” – who is responsible for errors in the Military Obliged Registry

The Kyiv District Administrative Court partially satisfied the claim of a citizen who challenged the failure to enter information about his unfitness for military service into the Unified State Register of Conscripts, Military Obliged Persons, and Reservists. The court recognized the inaction of the Territorial Recruitment and Social Support Center as unlawful and obliged it to enter information about the plaintiff's exclusion from the military register into the register.

Case circumstances

The citizen filed an administrative lawsuit with the Kyiv District Administrative Court against the Territorial Recruitment and Social Support Center and another territorial center, requesting:

• to recognize the actions of the employees of the Territorial Recruitment and Social Support Center as unlawful regarding the failure to enter up-to-date information into the Unified State Register of Conscripts, Military Obliged Persons, and Reservists, namely information according to which the plaintiff was declared unfit for military service with exclusion from the military register based on the military medical commission due to being declared unfit for military service with exclusion from the military register under Article 50-A, Group II of the Disease Schedule of the Ministry of Defense of Ukraine Order No. 402 of 2008;
• to oblige the employees of the Territorial Recruitment and Social Support Center to enter up-to-date information about the plaintiff into the Unified State Register of Conscripts, Military Obliged Persons, and Reservists, namely information according to which the plaintiff was declared unfit for military service with exclusion from the military register based on the military medical commission due to being declared unfit for military service with exclusion from the military register under Article 50-A, Group II of the Disease Schedule of the Ministry of Defense of Ukraine Order No. 402 of 2008;
• to recognize the actions of the employees of another Territorial Recruitment and Social Support Center as unlawful regarding the plaintiff's registration in the military register, as he is not a military obliged person according to the military medical commission's conclusion;
• to oblige the employees of another Territorial Recruitment and Social Support Center to exclude the plaintiff from the military register due to his unfitness for military service confirmed by the military medical commission's conclusion.

The plaintiff justified his claims by stating that he is not a military obliged person since he was excluded from the military register as a person unfit for health reasons. The information about the plaintiff in the Unified State Register of Conscripts, Military Obliged Persons, and Reservists does not correspond to reality. The plaintiff repeatedly submitted applications and lawyer inquiries regarding changes to the Register but received no response.

The court established that according to the temporary military obliged certificate, the plaintiff was excluded from the military register based on the military medical commission's decision due to being declared unfit for military service with exclusion from the military register. According to the military registration document from the “Reserve+” application, the plaintiff remains registered at the Territorial Recruitment and Social Support Center.

Court decision

The Kyiv District Administrative Court in case No. 320/46727/25 decided to partially satisfy the administrative claim.

The court recognized the inaction of the Territorial Recruitment and Social Support Center as unlawful, consisting in the failure to enter into the Unified State Register of Conscripts, Military Obliged Persons, and Reservists information about the plaintiff being declared unfit for military service and his exclusion from the military register according to the entry in the temporary certificate, and obliged the Territorial Recruitment and Social Support Center to enter into the Unified State Register of Conscripts, Military Obliged Persons, and Reservists information about the plaintiff being declared unfit for military service and his exclusion from the military register due to unfitness for military service.

The court denied the satisfaction of other claims.

The court noted that according to part 6 of article 37 of the Law of Ukraine "On Military Duty and Military Service" (in the version effective at the time of the disputed legal relations), citizens of Ukraine declared unfit for military service are subject to exclusion from the military register. The basis for exclusion from the military register, as recognition of a person as unfit for military service, has not changed.

The court concluded that the burden of adverse consequences due to the failure (improper performance) of the Territorial Recruitment and Social Support Center to fulfill its duties, including timely entry of data into the Unified State Register of Conscripts, Military Obliged Persons, and Reservists, cannot be imposed on the plaintiff.

The court costs for paying the court fee in the amount of 1,211.20 UAH were recovered in favor of the plaintiff at the expense of the budget allocations of the Territorial Recruitment and Social Support Center.

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