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 secured a ruling that repeat military registration was unlawful and required the Territorial Recruitment Center to correct the register
A man contacted Prikhodko & Partners Law Firm after being placed on the military register again, despite having previously been officially declared unfit for military service and excluded from military registration on health grounds.
The distinctive feature of the case was that the Territorial Recruitment Center (TRC) registered the client again without proper legal grounds, even though the previous finding of unfitness issued by the Military Medical Commission (MMC) had not been revoked by an authorized commission.
The situation required comprehensive legal protection, as two court cases concerning the client were being considered in parallel. One concerned unlawful mobilization and assignment to a military unit, while the other concerned unlawful repeat military registration and the need to correct information in the state register.
The main objective was to prove that the TRC had acted unlawfully and secure the restoration of the client’s proper military registration status.
What made the situation complex?
The client had previously undergone an examination by a Military Medical Commission, which found him unfit for military service and ordered his exclusion from military registration. This decision was confirmed by an MMC certificate and entries in his military registration documents.
However, the Territorial Recruitment Center subsequently placed the man on the military register again.
TRC representatives justified their actions by citing information from law enforcement agencies concerning a review of the lawfulness of previously issued MMC findings. However, there was no proper evidence that an authorized commission had revoked the earlier finding of unfitness.
This created a contradictory situation: the client held official documents confirming his exclusion from military registration, yet the state register once again listed him as liable for military service.
The man attempted to resolve the issue by contacting the TRC, but the necessary changes were not made to the register.
The main challenge was to demonstrate that doubts about previously issued documents do not entitle the TRC to disregard a valid MMC decision on its own initiative and place a person on the military register again.
Legal support from Prikhodko & Partners Law Firm
Our senior lawyer for military matters, Danylo Honcharenko, began working on the case with a detailed analysis of the documents and the circumstances of the client’s repeat military registration.
He examined the earlier MMC finding of unfitness, the military registration documents, the information in the state register, and the TRC’s position on the grounds for changing the client’s military registration status.
The lawyer paid particular attention to the fact that the finding of unfitness remained valid and had not been revoked through the procedure established by law.
Based on the materials collected, a legal position was developed and an administrative claim was prepared.
In court, our senior lawyer sought:
- A declaration that the TRC’s actions in placing the client on the military register again were unlawful.
- Restoration of the man’s proper military registration status.
- An entry in the Unified State Register of Conscripts, Persons Liable for Military Service and Reservists recording the client’s exclusion from military registration.
- Remedies for the violations of the client’s rights caused by the Territorial Recruitment Center’s unlawful actions.
During the court proceedings, we substantiated that a person may only be placed on the military register again where grounds provided for by law exist.
We also demonstrated the importance of following the established procedure for reviewing Military Medical Commission decisions. The mere fact that a review is underway or that doubts exist about an earlier MMC finding does not automatically revoke it.
The court accepted the arguments that there were no proper legal grounds for placing the client on the military register again.
Crucially, the court went beyond assessing the TRC’s actions and identified an effective way to restore the man’s violated rights: requiring the relevant information to be entered in the state register.
Following the court proceedings, the client’s claim was granted in full. The court declared the TRC’s actions in placing the man on the military register again unlawful and ordered the register to record his exclusion on the basis of the earlier MMC finding.
Outcome
Prikhodko & Partners Law Firm secured a ruling that the client’s repeat military registration was unlawful and obtained a court order requiring the TRC to enter information confirming his exclusion from military registration.
This decision became an important part of the comprehensive legal support provided, as the lawyers were also challenging the same client’s unlawful mobilization and assignment to a military unit.
As a result, judicial protection was secured in two areas at once: unlawful mobilization and the unlawful change to the client’s military registration status.
This case demonstrates that TRC decisions can be challenged in court even when state registers contain contradictory information. To restore rights effectively, it is important both to establish that a state authority acted unlawfully and to obtain a court decision aimed at remedying the consequences.
Legal assistance with challenging unlawful military registration
If you have been placed on the military register again despite holding documents confirming your unfitness, your military registration status has been changed without proper grounds, or the TRC refuses to correct inaccurate information in the register, the lawyers at Prikhodko & Partners will help protect your rights.
Our specialists will analyze the circumstances of your case, assess the lawfulness of the TRC’s decisions, prepare the necessary submissions, and provide legal support for a court challenge.
Do you still have questions? We look forward to seeing you at an initial consultation! To calculate the cost of our services, complete the form below.
Telegram
Viber
WhatsApp
Facebook
Instagram