The search by the TRC is not eternal: lawyers explained when the status in "Oberih" becomes illegal and how to cancel it

The search by the TRC does not always have legal force. Violation of military registration rules is considered an administrative offense, and therefore has a penalty period in accordance with Article 38 of the Code of Ukraine on Administrative Offenses.

Thus, the legislation stipulates that a penalty for an administrative offense can be imposed within three months from the date of its detection, but its term is only one year.

Serhiy Koshel, a lawyer from the NGO "Public Platform," noted that Ukrainian legislation does not have the concept of "administrative search," especially concerning the TRC. A search is only part of the criminal procedural code, which applies exclusively to individuals with the status of a suspect. The expert also explained whether the search disappears automatically after a year, as provided by the Code of Ukraine on Administrative Offenses (CUoAO).

The search has no statute of limitations and does not disappear automatically. However, if a year has passed since the date of the offense, the TRC can no longer hold a person accountable. In this case, the search is illegal and can be challenged in court,
– noted Serhiy Koshel.

Sometimes a citizen must contact the TRC and remind them of the expiration of the search terms. In this way, one can submit a request and raise the issue of canceling the search after all search terms have expired.

Lawyer Karyna Romanyshyn explained that the Reserve+ app is programmed according to this norm, so the search mark in the app may disappear after a year. There are cases where the search status "hangs" for some users, but in such cases, the user can try to simply update the document.