Had a deferral from mobilization but received violator status in “Reserve+”: court ordered the Territorial Recruitment Center to delete the data

The Dnipropetrovsk District Administrative Court examined an administrative case filed by a conscripted man against the Territorial Recruitment and Social Support Center regarding the recognition of unlawful actions related to entering information about alleged violations of military registration rules into the Unified State Register of conscripts, conscripted persons, and reservists, as well as sending the corresponding information to the Information and Communication System of the National Police of Ukraine’s Information Portal.

The court investigated the circumstances of entering information into the Register about violations of military registration rules due to alleged failure to undergo the military-medical commission and established that at the time these actions were taken, the conscripted man had a valid deferral from conscription during mobilization.

Essence of the case

The plaintiff applied to the court because he considered unlawful the actions of the Territorial Recruitment and Social Support Center regarding entering information into the Unified State Register of conscripts, conscripted persons, and reservists about his alleged violation of military registration rules.

According to the claim, the Register indicated that the conscripted man was found to have violated military registration rules due to alleged failure to appear upon summons at the Territorial Recruitment and Social Support Center for undergoing the military-medical commission.

At the same time, the plaintiff stated that he had a valid deferral from conscription during mobilization and therefore considered the entry of such information into the Register illegal.

The court established that according to the military registration document formed in the “Reserve+” application, the plaintiff was registered for military service and had a deferral from conscription until May 4, 2026, due to the need to care for a seriously ill family member.

However, on October 30, 2025, the Unified State Register of conscripts, conscripted persons, and reservists contained information about violations of military registration rules related to failure to undergo the military-medical commission.

On the same day, the Territorial Recruitment Center sent an electronic request to the National Police authorities to deliver the plaintiff to the Territorial Recruitment and Social Support Center to draw up a protocol on an administrative offense.

The defendant’s position was that the plaintiff did not have a valid decision from the military-medical commission and had not undergone a repeated medical examination. Therefore, the Register management body allegedly established a violation of the legal obligation to undergo a medical examination during mobilization.

At the same time, the Territorial Recruitment Center stated that it did not enter information about bringing the plaintiff to administrative responsibility but only sent an electronic request to the police for his delivery to the Territorial Recruitment and Social Support Center.

The plaintiff disputed these arguments, pointing out that the mere referral to the police is not proof of committing an administrative offense. He also emphasized that he has a valid deferral from conscription, and according to the Procedure for conscription of citizens for military service during mobilization, persons who have already been granted a deferral are not sent to undergo the military-medical commission.

Position and conclusions of the court

After examining the written evidence in case No. 160/12809/26, the court noted that military registration of conscripts, conscripted persons, and reservists is carried out in accordance with the Law of Ukraine "On Military Duty and Military Service," the Law of Ukraine "On Mobilization Preparation and Mobilization," as well as the Procedure for organizing and maintaining military registration of conscripts, conscripted persons, and reservists, approved by the Cabinet of Ministers of Ukraine Resolution No. 1487.

The court drew attention to the fact that personal-qualitative registration of conscripted persons involves maintaining records about such persons and entering relevant information into the Unified State Register of conscripts, conscripted persons, and reservists. The responsibility for maintaining such registration lies with district and city Territorial Recruitment and Social Support Centers.

At the same time, the court noted that according to the legislation, citizens during mobilization are obliged to appear upon summons of the Territorial Recruitment Center for military registration, data clarification, assignment for a special period, and undergoing a medical examination to determine fitness for military service.

However, the court established that the procedure for conscription during mobilization does not provide for sending persons who have already been granted a deferral from conscription to the military-medical commission for a medical examination.

The court referred to paragraph 63 of the Procedure for conscription of citizens for military service during mobilization, according to which conscripted persons who have applied for a deferral are not sent for a medical examination before the decision of the relevant commission, except for cases defined by law.

The court also took into account that conscripted persons whose deferral period during mobilization has not expired are not sent for a medical examination, except in cases explicitly provided by Procedure No. 560.

The court specifically emphasized that Procedure No. 560 does not provide for sending persons who have already been granted a deferral from conscription to the military-medical commission for a medical examination.

The court found that at the time the Territorial Recruitment Center contacted the National Police regarding the alleged failure to undergo the military-medical commission, the plaintiff already had a valid deferral from mobilization until May 4, 2026, due to the need to care for a seriously ill family member.

Therefore, the court concluded that entering information about violations of military registration rules into the Unified State Register of conscripts, conscripted persons, and reservists was unlawful.

The court noted that the defendant, citing alleged violations of military registration rules, sent an electronic request to the National Police to deliver the plaintiff to the Territorial Recruitment Center to draw up an administrative protocol. However, at the time of this request, the “Reserve+” application already contained information about the valid deferral from mobilization.

When assessing the legality of entering the relevant information into the Register, the court took into account the provisions of the Law of Ukraine "On the Unified State Register of Conscripts, Conscripted Persons, and Reservists."

The court noted that the Unified State Register of conscripts, conscripted persons, and reservists is an automated information and telecommunication system designed to collect, store, process, and use data about conscripts, conscripted persons, and reservists to ensure military registration of Ukrainian citizens.

At the same time, the Register management bodies include district and city Territorial Recruitment and Social Support Centers, which ensure the maintenance of the Register and updating of its database.

The court concluded that the responsibility for maintaining military registration and entering relevant information about conscripts, conscripted persons, and reservists into the Unified State Register lies with the Territorial Recruitment Centers.

Analyzing the established circumstances of the case, the court noted that current legislation does not provide for sending persons who have already been granted a deferral from conscription to the military-medical commission for a medical examination.

Therefore, the court recognized the actions of the Territorial Recruitment Center regarding entering information about the plaintiff’s violation of military registration rules into the Unified State Register as unlawful, as well as sending the corresponding information to the Information and Communication System of the National Police of Ukraine’s Information Portal.

The court noted that to effectively and fully protect the plaintiff’s rights, the defendant must be obliged to exclude from the Register the information about the violation of military registration rules and cancel the electronic request dated October 30, 2025, No. E3823743, sent to the Information and Communication System of the National Police of Ukraine’s Information Portal.

In conclusion, the court partially satisfied the administrative claim, recognized the actions of the Territorial Recruitment Center regarding entering the relevant information into the Register as unlawful, and ordered the exclusion of information about the violation of military registration rules, as well as the cancellation of the electronic request to the National Police system.

The court also recovered court costs from the defendant in favor of the plaintiff in the amount of UAH 1064.96 for payment of the court fee.

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