Can They Be Mobilized After Removal from Military Registration: Court Decision

The Kharkiv District Administrative Court considered an administrative case filed by a citizen against a military unit and territorial recruitment and social support centers regarding the recognition of unlawful actions related to military registration and conscription during mobilization, the cancellation of relevant orders, and the obligation to perform certain actions.

The court examined the legality of the conscription of a person who had previously been removed from military registration and evaluated the parties' arguments regarding compliance with the legislation on military duty and mobilization.

Essence of the Case

The plaintiff approached the court, considering the actions of the territorial recruitment and social support center regarding his military registration and conscription during mobilization illegal. He also requested the cancellation of the conscription order during mobilization and the order of the military unit commander to include him in the personnel lists, as well as to oblige the removal of information about his military service from the Unified State Register of conscripts, reservists, and military liable persons.

In support of the claim, it was stated that the plaintiff was removed from military registration in 2009 based on Article 37 of the Law of Ukraine "On Military Duty and Military Service" as amended at that time. In his opinion, this status prevented further military registration and conscription during mobilization.

The case materials established that in January 2026 the plaintiff underwent a military medical commission, which recognized him fit for military service. Following this, by order of the head of the territorial recruitment and social support center, he was conscripted for military service during mobilization, and by order of the military unit commander, he was included in the personnel lists and appointed to the respective position.

Position and Conclusions of the Court

The court noted that according to the Constitution of Ukraine, the Law of Ukraine "On Military Duty and Military Service," and the Law of Ukraine "On Mobilization Preparation and Mobilization," the defense of the homeland is a constitutional duty of citizens, and conscription during mobilization is carried out in the manner prescribed by law.

During the consideration of case No. 520/3821/26, the court noted that the legislation in effect at the time of the plaintiff's removal from military registration was later amended. In particular, by Law of Ukraine No. 3633-IX dated April 11, 2024, the grounds for removing citizens from military registration were revised and the legal regulation of this area was changed. Persons previously removed from military registration due to conviction and imprisonment for serious or especially serious crimes acquired the status of military liable persons after the amendments came into force, provided there were no other grounds for removal from military registration as defined by law.

The court also noted that the plaintiff underwent a military medical commission, was recognized as fit for military service, and did not raise any objections regarding the medical examination results, the need for a repeated or control medical examination, or appeal the military medical commission's conclusion.

Evaluating the disputed legal relations, the court concluded that the territorial recruitment and social support center acted within its authority and in accordance with current legislation. The plaintiff's military registration, conscription during mobilization, and subsequent inclusion in the personnel lists of the military unit were carried out in compliance with legal requirements.

As a result of the case consideration, the Kharkiv District Administrative Court denied the claim in full, finding no grounds to recognize the contested actions and orders as unlawful or to cancel them.

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