The Territorial Recruitment Center Declared a Man Wanted Despite a Deferral: He Achieved Cancellation of a 17,000 UAH Fine and Won Moral Compensation

The Odesa District Administrative Court partially satisfied a citizen’s lawsuit against the territorial recruitment and social support centers, units of the National Police, and other defendants. The court found certain actions of the Territorial Recruitment Center (TRC) illegal, canceled the 17,000 hryvnias fine, ordered a reconsideration of the plaintiff’s appeal, and awarded him 5,000 hryvnias in moral damages.

What caused the dispute

The citizen filed a lawsuit requesting to recognize the inaction of the territorial recruitment and social support center as unlawful. This inaction consisted of illegally initiating a wanted status against him despite having a valid deferral from mobilization, failing to take measures to cancel this status for about 100 days (from December 22, 2025, to March 31, 2026, inclusive), and not responding to his February 11, 2026, application within the legally established timeframe.

The plaintiff also requested to oblige the relevant territorial recruitment and social support center to provide a written response regarding the legal grounds for initiating the wanted status, maintaining it, and removing it; to recognize the inaction of the Main Directorate of the National Police in Odesa region as unlawful for not responding to the February 11, 2026, appeal and for illegally storing inaccurate information in the wanted database during the specified period; and to oblige the Main Directorate of the National Police in Odesa region to respond substantively to the appeal.

Additionally, the plaintiff asked to recognize as illegal and cancel protocol No. 5173 dated March 28, 2026, drawn up by an official of the territorial recruitment and social support center, as it was issued due to an illegal wanted status and in the absence of an administrative offense (there was a valid deferral from mobilization under paragraph 5 of part one of article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization" as the sole guardian of a child with a disability subgroup A, and his place of residence had not changed); to recognize as unlawful and cancel resolution No. R453789 dated March 31, 2026, imposing a 17,000 hryvnias fine on the grounds of expiration of the statute of limitations, jurisdictional violations, absence of an offense, absence of guilt, presence of a deferral, and procedural flaws; to recognize as unlawful and cancel the decision (order) to register the plaintiff for military service in another territorial recruitment and social support center without legal grounds and without written consent; and to recover moral damages from several defendants in varying amounts.

The plaintiff justified his claims by stating that the wanted status was initiated on December 22, 2025, despite the deferral, remained for a long time, the February 11, 2026, application was not substantively considered, the internally displaced person certificate that served as the basis for the wanted status had been previously annulled, and the fine resolution was issued after the expiration of the limitation periods provided by part nine of article 38 and paragraph 7 of part one of article 247 of the Code of Ukraine on Administrative Offenses. A medical report dated March 17, 2026, diagnosed adjustment disorder (reaction to severe stress) and arterial hypertension, which the plaintiff associated with legal uncertainty.

The defendants opposed the lawsuit in their responses, particularly regarding police actions (delivery, not detention) and the absence of grounds for moral damage compensation.

What the court decided

The Odesa District Administrative Court in case No. 420/9865/26 decided to partially satisfy the administrative claim.

The court recognized as unlawful the actions of the territorial recruitment and social support center regarding the entry into the Unified State Register of conscripts, conscripts liable for military service, and reservists of information about the plaintiff’s violation of military registration rules.

The court recognized as unlawful the actions of the territorial recruitment and social support center for not considering the plaintiff’s February 11, 2026, application and obliged them to review the application in accordance with the Law of Ukraine "On Citizens' Appeals."

The court recognized as unlawful the actions of the Main Directorate of the National Police in Odesa region for not considering the plaintiff’s February 11, 2026, application and obliged them to review the application in accordance with the Law of Ukraine "On Citizens' Appeals."

The court recognized as unlawful and canceled resolution No. R453789 dated March 31, 2026, of the territorial recruitment and social support center imposing a 17,000 hryvnias fine on the plaintiff.

The court recognized as unlawful the decision (order) of the territorial recruitment and social support center to register the plaintiff for military service in another territorial recruitment and social support center.

The court recovered 5,000 hryvnias in moral damages from the territorial recruitment and social support center in favor of the plaintiff.

The court denied the other parts of the plaintiff’s claims.

The court noted that according to part two of article 77 of the Code of Administrative Procedure of Ukraine, in administrative cases concerning the unlawfulness of decisions, actions, or inaction of a public authority, the burden of proof regarding the legality of its decision, action, or inaction lies with the defendant. The court established the unlawfulness of entering information about violations of military registration rules, failure to consider applications, issuing a fine resolution after the expiration of limitation periods, and the decision to change the place of military registration without proper grounds. Regarding moral damages, considering the Supreme Court’s practice (including rulings dated April 10, 2019, in case No. 464/3789/17 on criteria for compensation for moral damages caused by state authorities) and available evidence (medical report), the court found the amount of 5,000 hryvnias fair and reasonable, recovered from the territorial recruitment and social support center, whose actions triggered the subsequent events. Claims against other defendants regarding moral damages and cancellation of the protocol in full were denied due to lack of sufficient evidence of their unlawful actions.

The decision comes into legal force in the manner and terms established by article 255 of the Code of Administrative Procedure of Ukraine and may be appealed in the manner and terms established by articles 293 and 295 of the Code of Administrative Procedure of Ukraine.

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