Exclusion from military registration was not entered into “Reserve+” – the court explained why the Territorial Recruitment Center did not violate the law

The Dnipropetrovsk District Administrative Court denied the claim of a citizen who demanded to recognize the inaction of the Territorial Recruitment and Social Support Center as unlawful due to the failure to enter information about his exclusion from military registration into the register and the “Reserve+” application.

Case circumstances

The citizen filed an administrative lawsuit against the Territorial Recruitment and Social Support Center, requesting:

• to recognize the inaction of the Territorial Recruitment and Social Support Center regarding the failure to enter into the Unified State Register of conscripts, those liable for military service, and reservists information about the plaintiff's exclusion from military registration as unlawful;
• to oblige the Territorial Recruitment and Social Support Center to reconsider the request set out in the lawyer's inquiry dated August 29, 2025, to ensure the entry in accordance with current legislation into the “Reserve+” application and the Unified State Register of conscripts, those liable for military service, and reservists of data on the plaintiff's exclusion from military registration and to enter up-to-date data.

The plaintiff justified the claims by stating that on June 12, 2019, by decision of the Military Medical Commission, he was recognized as unfit for military service due to health reasons and excluded from military registration. In the temporary military registration certificate No. 4/1288 dated June 12, 2019, points 7 and 8 indicate that the plaintiff is unfit for military service with removal from registration, and point 14 states that he was excluded from military registration due to health reasons according to the order of the Ministry of Defense of Ukraine No. 684 dated December 20, 2017. Despite this, the plaintiff received a summons to appear at the Territorial Recruitment and Social Support Center on September 1, 2025, to clarify registration data. The “Reserve+” application lacks information about unfitness for military service and the last conclusion of the Military Medical Commission dated June 12, 2019. The plaintiff's representative sent a lawyer's inquiry, to which the Territorial Recruitment and Social Support Center responded that the plaintiff was removed from military registration according to the Ministry of Defense of Ukraine order No. 684 dated December 20, 2017, which lost its effect on July 25, 2024, therefore the plaintiff is subject to military registration.

Court decision

The Dnipropetrovsk District Administrative Court in case No. 160/3214/26 decided to fully deny the administrative claim.

The court established that the plaintiff was recognized as unfit for military service due to health reasons with exclusion from military registration on June 12, 2019, based on the Ministry of Defense of Ukraine order No. 684 dated December 20, 2017. This order lost its effect on July 25, 2024. The court noted that according to the Law of Ukraine "On Amendments to Certain Laws of Ukraine Regarding Ensuring the Rights of Servicemen and Police Officers to Social Protection" dated March 21, 2024, No. 3621-IX, Ukrainian citizens who were recognized as limitedly fit for military service before the law came into force are subject to a repeated medical examination within nine months from the date the law came into force to determine fitness for military service.

The court concluded that the Territorial Recruitment and Social Support Center had no grounds to exclude the plaintiff from military registration based on his application, since the plaintiff had not undergone a repeated medical examination to determine the degree of fitness for military service since May 18, 2024. The actions of the Territorial Recruitment and Social Support Center regarding the failure to enter information about the plaintiff's exclusion from military registration into the Unified State Register of conscripts, those liable for military service, and reservists are not unlawful. The derivative claims to oblige certain actions are not subject to satisfaction.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, Facebook page Facebook and on Instagram to stay informed about the most important events.