Excluded from military registration unfit men must appear at the TRC in person

Excluded from military registration unfit men must appear at the TRC in person

When a man has been removed from military registration due to a decision by the Military Medical Commission (MMC) deeming him unfit, as recorded in his military ID card, but this information does not appear in the electronic Registry of Conscripts “Oberih,” the man should submit documents in person to the TRC, i.e., present the original documents, rather than sending them by mail. This position was expressed by the Odessa District Administrative Court in a decision dated October 8 in case № 420/21694/24.

It is worth noting that the court refers to the procedure for managing the “Oberih” Registry, indicating that it is no longer in effect, but does not explain what regulation currently applies.

Additionally, the decision reveals that the court indicated that the TRC does not have access to electronic registries containing data on MMC conclusions and the individual’s unfitness for service. Thus, according to the court, the TRC cannot verify the MMC’s decision by any other means except through the individual’s personal presence at the TRC with the original military ID card.

Circumstances of the Case

The man sought to declare the TRC’s inaction illegal for not entering data into the Registry of Conscripts, Reservists, and Conscripts “Oberih” regarding his recognition as unfit for military service and his removal from military registration in accordance with the Law “On the Unified State Registry of Conscripts, Reservists, and Conscripts” and the procedure for maintaining this Registry.

Thus, in December 2021, based on Article 40 "A", 47 "B" of Schedule III of Order No. 402 of the Ministry of Defence, the man was deemed unfit and removed from military registration due to health reasons. The record of his removal from military registration was made in his valid military ID. Additionally, confirmation of the plaintiff’s removal from military registration is the corresponding mark in his military ID card.

However, the TRC did not enter the information about this fact into the “Oberih” Registry.

In May 2024, the man attempted to update his record and obtain information about his presence in the “Oberih” Registry using the mobile application “Reserve+,” but did not find information about himself, particularly about his removal from military registration.

The plaintiff also stated that on May 22, 2024, he submitted an application to the TRC requesting to add and update the current data in the “Oberih” information base regarding his recognition as unfit with removal from military registration. Copies of all supporting documents were attached to the application.

However, the plaintiff received no response to the application.

In June 2024, the plaintiff’s attorney sent a request to the TRC for the results of the application review dated 22.05.2024, receiving a response on 07.06.2024 stating that the law on mobilization enhancement, No. 3633-IX, provides the following ways to submit information to the TRC: 1) by personal presence at the TRC at the place of military registration or place of residence; 2) by visiting the Administrative Services Center (ASC); 3) via the electronic conscripts, reservists, and conscripts’ portal (if available). For entering data in the “Oberih” Registry, personal arrival at the TRC with the original Ukrainian citizen passport and military registration document is required.

The plaintiff argues that entering information into the electronic record cards of conscripts, reservists, and conscripts is the responsibility of the TRC. Therefore, in the plaintiff’s view, after receiving an application by mail to enter information into electronic record cards and documents confirming this information, the TRC should have made a decision based on the application review results or provided a reasoned refusal.

What the Court Decided

The court established that at the time of the disputed legal relations, the procedure for maintaining the Unified State Registry of Conscripts, Reservists, and Conscripts, approved by the Ministry of Defence Order dated 28.03.2022, No. 94, was in effect. The order became invalid on 22.08.2024 based on the Ministry of Defence Order No. 478 dated 16.07.2024.