Father of a Child with Disability Listed as 'Wanted' in 'Reserve+': Court Recognized Actions of the Territorial Recruitment Center as Illegal

The Khmelnytskyi District Administrative Court considered case No. 560/2043/26 filed by a conscripted individual against the territorial recruitment and social support center regarding the recognition of illegal actions related to entering information about violations of military registration rules into the Unified State Register of conscripts, reservists, and those liable for military service, as well as sending a request to the National Police for administrative detention and delivery of the person. 

Circumstances of the Case

The plaintiff applied to the administrative court after discovering during data updates in the mobile application "Reserve+" that his electronic military registration document contained information about violations of military registration rules, a message stating "You are wanted by the Territorial Recruitment Center," and information that on July 16, 2025, the territorial recruitment and social support center contacted the National Police authorities to deliver him for protocol drafting due to failure to appear upon summons.

At the time the information was entered, the plaintiff had a valid deferment from mobilization until its expiration under paragraph 5 of part one of article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization" as the father of a child with a disability under 18 years old.

Through a lawyer, the plaintiff applied to the head of the respective territorial recruitment and social support center with a request to close the administrative offense case, arguing that he did not receive the summons and that the deadlines for imposing administrative penalties, as provided by article 38 of the Code of Ukraine on Administrative Offenses, had expired.

By letter dated January 23, 2026, the request was denied. The defendant stated that the start date of the search is the date of the offense, not the date of its discovery, so there are no grounds to close the case. It was also informed that to be removed from the wanted list, the plaintiff must personally appear at the territorial recruitment and social support center with documents confirming valid reasons for not appearing upon summons to draft a protocol under article 210-1 of the Code of Ukraine on Administrative Offenses.

Considering these actions illegal, the plaintiff turned to the court demanding to recognize as illegal the entry of information about violations of military registration rules into the Unified State Register of conscripts, reservists, and those liable for military service and the sending of a request to the National Police, as well as to oblige the defendant to remove the relevant information from the register and notify the police authorities about the absence of grounds for administrative detention and delivery.

Position and Conclusions of the Court

The court noted that the legal regulation of military registration is carried out by the Law of Ukraine "On Military Duty and Military Service," the Law of Ukraine "On the Unified State Register of Conscripts, Reservists, and Those Liable for Military Service," and the Procedure for Organizing and Maintaining Military Registration approved by the Cabinet of Ministers of Ukraine.

The court emphasized that territorial recruitment and social support centers are the bodies responsible for maintaining the Unified State Register of conscripts, reservists, and those liable for military service and are accountable for the relevance and accuracy of the information entered therein.

Evaluating the circumstances, the court established that the defendant did not provide any evidence of holding the plaintiff administratively liable for violations of military registration rules in the legally prescribed manner, nor did it confirm the legal grounds for entering information about violations into the register or for contacting the National Police regarding the plaintiff’s administrative detention and delivery.

The court also took into account that the defendant did not submit a response to the claim and did not refute the plaintiff’s arguments with proper and admissible evidence.

Under these circumstances, the court concluded that the actions of the territorial recruitment and social support center regarding the entry of information about violations of military registration rules into the Unified State Register of conscripts, reservists, and those liable for military service and the sending of a request to the National Police for administrative detention and delivery of the plaintiff are illegal.

Accordingly, the court satisfied the claim, recognized the specified actions as illegal, obliged the defendant to remove the information about violations of military registration rules from the Unified State Register of conscripts, reservists, and those liable for military service, send a notification to the National Police about the absence of grounds for administrative detention and delivery of the plaintiff, and also recovered the court fee in favor of the plaintiff at the expense of the defendant’s budget allocations.

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