The Territorial Recruitment and Social Support Center entered a graduate student with a deferment into the register of violators: the court ordered to delete the entry

The Kharkiv District Administrative Court considered an administrative lawsuit filed by a conscript liable for military service against the Territorial Recruitment and Social Support Center to recognize actions as unlawful and to oblige certain actions. The court satisfied the claim.

Circumstances of the case

The plaintiff applied to the court demanding to recognize as unlawful the actions of the Territorial Recruitment and Social Support Center, which consisted of entering into the Unified State Register of conscripts, conscripts liable for military service, and reservists data about his violation of military registration rules, and also to oblige to exclude this data from the Register.

The plaintiff stated that the defendant unlawfully entered information about violations of military registration rules because he did not violate the rules, was not held administratively liable, and no protocols or rulings were drawn up against him. The information about violations of military registration rules and the need to bring the plaintiff to the Territorial Recruitment and Social Support Center as a person who committed an offense, as provided by Articles 210, 210-1 of the Code of Ukraine on Administrative Offenses, was entered without grounds.

The court established that the plaintiff is liable for military service and is registered for military service. According to the data from the "Reserve+" application, formed on September 22, 2025, the plaintiff was granted a deferment from conscription during mobilization for a special period as a graduate student until November 4, 2025.

On December 15, 2024, information about the plaintiff’s violation of military registration rules was entered into the "Oberig" Register by the defendant, and a request was formed to the National Police authorities regarding the delivery of the plaintiff for drawing up a protocol on an administrative offense.

The defendant did not exercise the right to submit a response to the claim. The case materials do not contain evidence of any summons or notices sent by the Territorial Recruitment and Social Support Center to the plaintiff.

What the court decided

The Kharkiv District Administrative Court, in case No. 520/26355/25, decided to satisfy the administrative claim.

The court recognized as unlawful the actions of the Territorial Recruitment and Social Support Center consisting of entering into the Unified State Register of conscripts, conscripts liable for military service, and reservists data about the plaintiff’s violation of military registration rules as of December 15, 2024.

The court obliged the Territorial Recruitment and Social Support Center to exclude from the Unified State Register of conscripts, conscripts liable for military service, and reservists the data about the plaintiff’s violation of military registration rules entered as of December 15, 2024.

The court recovered in favor of the plaintiff, at the expense of the budget allocations of the Territorial Recruitment and Social Support Center, the paid court fee in the amount of 968 hryvnias 96 kopecks.

The court noted that according to part two of Article 19 of the Constitution of Ukraine, state authorities and their officials are obliged to act only on the basis, within the powers, and in the manner provided by the Constitution and laws of Ukraine.

According to part 1 of Article 7 of the Law of Ukraine "On the Unified State Register of Conscripts, Conscripts Liable for Military Service, and Reservists," personal data of a conscript, conscript liable for military service, and reservist include information about administrative liability for committing an administrative offense provided by Articles 210, 210-1 of the Code of Ukraine on Administrative Offenses (date, number, brief content of the protocol and/or ruling on the administrative offense).

Only data about being held liable for violations of registration rules are entered into the Register. The court established that the plaintiff was not held administratively liable, and the defendant did not provide such evidence. The plaintiff timely updated the registration data, which is confirmed by information in the "Reserve+" application.

The court stated that the plaintiff was not properly notified about the summons to the district Territorial Recruitment and Social Support Center, which excludes grounds for liability for violating the requirements of paragraph 8 of part 3 of Article 22 of the Law of Ukraine "On Mobilization Preparation and Mobilization." The plaintiff did not violate military registration rules, so the defendant had no grounds to enter information about violations into the Register.

The mere presence of the note "Violation of military registration rules" in the "Reserve+" application does not indicate that the person committed an administrative offense, the responsibility for which is established by Article 210 of the Code of Ukraine on Administrative Offenses. This note only indicates the automatic formation of a request to the police regarding delivery due to failure to appear for a summons.

According to parts eight and nine of Article 5 of the Law of Ukraine "On the Unified State Register of Conscripts, Conscripts Liable for Military Service, and Reservists," the bodies maintaining the Register include, among others, district (united district), city (district in the city, united city) Territorial Recruitment and Social Support Centers, which ensure the maintenance of the Register and updating its database. The restoration of the plaintiff’s violated rights should be carried out by obliging the defendant as the Register maintenance body to perform the appropriate actions.

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