Exclusion from military registration through the court

One of the most complex yet effective tools for protecting the rights of conscripts is the procedure for exclusion from military registration through the courts. Territorial recruitment and social support centers (TCC and JV) often ignore the legal grounds for entering information into the "Oberig" registry regarding exclusion from military registration, forcing citizens to seek protection in administrative court.

Exclusion and deregistration from military registration: the fundamental difference

Before moving on to the legal aspects, it is important to distinguish between two concepts that are often confused:

• Deregistration is a temporary procedure (for example, a change of residence). It means that the individual remains liable for military service and is required to register.
• Exclusion is the permanent termination of the individual's status as a conscript. The individual ceases to be part of the mobilization pool and is no longer required to respond to summonses, undergo a military medical examination, or update their data; in other words, they are no longer liable for military service.

As of the current moment (as amended on 15.01.26), the key grounds for exclusion according to Article 37 of the Law of Ukraine “On military duty and military service” are citizens of Ukraine who:

1. died or were declared missing or dead in accordance with the procedure established by law;
2. terminated Ukrainian citizenship;
3. are deemed unfit for military service;
4. have reached the maximum age for reservists;
5. were candidates for military service under contract in accordance with Part 10 of Article 20 of this Law, but were not accepted for military service under contract;
6. dismissed from military service under contract in accordance with subparagraphs "i" or "k" of paragraph 3 of Part 5 of Article 26 of this Law.

Quite a few were removed from military registration even before 2022 or at the beginning of a full-scale invasion on legal grounds, the most common of which are:

• Health reasons: based on a medical commission's conclusion of unfitness for service.
• Criminal record: due to conviction for serious or especially serious crimes.
• Age reasons: upon reaching the maximum age for military service in the reserves (60 years).

However, a problem arose: when digitizing the TCC archives, data on exclusions was often not entered into the "Oberig" registry. As a result, your military ID card is stamped "Excluded," but in the system you are listed as "Registered" or, worse, there is no information at all, and you are asked to contact the TCC and JV.

Those deemed unfit for military service due to health reasons are the most contentious category, which often becomes the subject of legal proceedings.

Important: If information about your exclusion is missing from "Oberig" and is not reflected in Reserve+, the system and police consider you a violator of mobilization laws. Therefore, this issue requires immediate legal action.

Pre-trial dispute resolution procedure

Before filing a claim, you must go through the procedure of officially contacting the TCC and the JV that excluded you from the register.

What you need to do:

1. Application: submit a written request to update the "Oberig" registry based on your existing military registration document.
2. Evidence: attached to the application are certified copies of your military ID card with a note indicating exclusion.
3. Submission method: registered mail with a description of the contents, or in person at the office with a receipt stamp on your copy.

Often, the TCC refuses to enter data, issuing a formal reply or requiring a "re-examination by the MMC", which is illegal for the excluded individual. Such a refusal or ignoring the request for 30 days is the "green light" to proceed to the next stage.

Judicial appeal procedure

If the TCC refuses to synchronize data, the only effective mechanism left is the court.

Subject of the claim: we are filing a lawsuit demanding that the inaction of the TCC and JV regarding the failure to enter information about exclusion from registration in the Unified state register of conscripts, personnel liable for military service, and reservists be declared unlawful.

What we achieve in court:

• The court orders the TCC to enter the date and reason for your exclusion into the Oberig system.
• The court confirms that your exclusion was legal, and you are not required to undergo any "additional checks" or repeat MMC examinations.

If your military ID says one thing, but the "Oberig" database and "Reserve+" app say something else, don't expect a critical situation at the checkpoint. This issue requires professional intervention, as it won't resolve itself automatically — it requires professional legal intervention and systematic communication with state registries.

Schedule a consultation, where we will thoroughly analyze your situation and provide you with an appropriate course of action, ensuring full support.