Senior lawyer
Lawyer in the field of military law. Specializes in issues of mobilization, postponement and reservation. Provides services for appeals to the military medical commission, escorting to the military commissariat, dismissal from military service, obtaining the status of a participant in hostilities. Conducts court cases on military issues.
Case: We challenged a TRC wanted status in court because no decision imposing a fine had been issued
A person liable for military service contacted Prikhodko & Partners Law Firm after discovering information in the Reserve+ mobile app about a violation of military registration rules and a referral by the Territorial Recruitment Center (TRC) to the National Police.
What made the situation complex?
The client’s Reserve+ app displayed a military registration violation record, stating the reason for the referral to the National Police as “failure to update data by July 16, 2024.”
These records created risks during checks of the client’s military registration documents, including the possibility of being taken to the Territorial Recruitment and Social Support Center.
However, the TRC did not provide evidence that the client had been held administratively liable through the procedure established by law.
The difficulty was that the Territorial Recruitment Center refused to remove the relevant records even after receiving an application to remove the wanted status. It therefore became necessary to go to court to protect the client’s rights.
How did the lawyer help challenge the TRC wanted status?
Senior lawyer for military matters Danylo Honcharenko began by analyzing the grounds for entering the military registration violation records and assessing the lawfulness of the TRC’s actions.
The legal support included the following steps:
- Analyzing the grounds for the wanted status. The information displayed in the Reserve+ app and the circumstances in which the military registration violation records had been entered were examined.
- Preparing an application to remove the wanted status. A submission was made to the TRC explaining that no decision holding the client administratively liable had been issued.
- Challenging the TRC’s refusal. Following a negative response, a legal position was prepared to protect the client’s interests in court.
- Filing an administrative claim in court. The claim sought a declaration that entering the military registration violation records was unlawful and an order to remove the relevant information from the Unified State Register of Conscripts, Persons Liable for Military Service and Reservists.
During the court proceedings, the key issue was whether entering information in the state register about the client’s administrative liability was lawful.
The court emphasized that “committing an administrative offense” and “being held administratively liable” are not identical concepts.
An assumption that military registration rules have been violated does not, in itself, establish that a person has been held administratively liable through the procedure prescribed by law.
Outcome
The legal support made it possible to successfully challenge the district TRC’s actions in court.
This case demonstrates that military registration violation records and the related TRC wanted status can be challenged in court where there is no proper legal basis for entering them.
Legal assistance with removing a TRC wanted status through court proceedings
If the Reserve+ app displays information about a violation of military registration rules, you have been placed on a TRC wanted list, or your request to remove the relevant records has been refused, it is important to assess the lawfulness of those actions.
The lawyers at Prikhodko & Partners will help establish the grounds for the wanted status, check whether an administrative offense decision exists, prepare a submission to the TRC, and, where necessary, challenge unlawful actions in court.
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