How to Remove Records of Violations of Military Registration Rules from the Unified State Register of Conscripts, Persons Liable for Military Service, and Reservists: Legal Position and Step-by-Step Procedure

Author: Olena Hnenna, Paralegal at Grain Law Firm

Since June 2024, Ukraine has begun the technical implementation of functionality in the mobile application “Reserve+” displaying information on citizens’ violations of military registration rules, which is entered into the Unified State Register of Conscripts, Persons Liable for Military Service, and Reservists (hereinafter – the Register).

This practice became possible following the entry into force of paragraph 20-1, part 1, Article 7 of the Law of Ukraine “On the Unified State Register of Conscripts, Persons Liable for Military Service, and Reservists.”

This provision stipulates that personal data of a conscript, person liable for military service, or reservist includes, inter alia, information on administrative liability for offenses under Articles 210 and 210-1 of the Code of Ukraine on Administrative Offenses (date, number, and brief content of the protocol and/or administrative offense decision).

Thus, the legislator explicitly linked the possibility of entering information on violations of military registration rules into the Register with the existence of a specific procedural document – a protocol and/or a decision on an administrative offense. Nevertheless, in practice, such “violations” are often entered without the preparation of a protocol or issuance of a formal administrative decision.

The consequences of such entries are significant. Individuals marked in the Register and, accordingly, in “Reserve+” may lose the ability to be reserved (deferred) by enterprises, while citizens abroad may be denied issuance of passport documents.

In addition, such records frequently serve as a basis for requests by Territorial Recruitment and Social Support Centers (TRSSCs) to the National Police for compulsory delivery of individuals to TRSSCs. As a result, during document checks, police officers may administratively detain individuals and deliver them to the nearest district (city) TRSSC, even if the person is not registered with that specific center.

This article examines what constitutes a violation of military registration rules, which authorities are empowered to enter such data into the Register, statutory limitation periods for liability, and available legal remedies in cases of unlawful inclusion of such information.

What Constitutes a Violation of Military Registration Rules

Pursuant to the Procedure for the Organization and Maintenance of Military Registration of Conscripts, Persons Liable for Military Service, and Reservists, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1487 dated 30 December 2022, conscripts, persons liable for military service, and reservists are obliged to:

• remain registered at their declared (registered) place of residence with the relevant district (city) TRSSC;
• appear upon summons from TRSSCs at assembly points, conscription stations, or TRSSCs within the deadlines specified in official documents (summonses, mobilization orders, directives);
• undergo medical examinations and treatment in healthcare institutions in accordance with decisions of military medical commissions;
• undergo military training, perform military service, and fulfill reserve obligations;
• personally appear within seven days after moving to a new place of residence for military registration purposes;
• notify relevant TRSSCs within seven days of changes in personal data (via electronic cabinet or in person);
• immediately report loss of military registration documents;
• verify personal data with TRSSC records at least once every five years.

The most common violations in practice include failure to update personal data on time and failure to appear when summoned for medical examination, data clarification, or mobilization orders.

Since autumn 2024, TRSSCs have increasingly been sending summonses via the national postal operator JSC “Ukrposhta,” thereby forming evidentiary records of proper notification for future liability proceedings.

Under part 3 of Article 210 of the Code of Ukraine on Administrative Offenses, violations of military registration rules during martial law are punishable by a fine ranging from UAH 17,000 to 25,500.

Preconditions for Entering Information on Violations into the Register

Information on violations of military registration rules may be entered into the Register exclusively based on administrative offense proceedings, i.e., upon the preparation of a protocol or issuance of an administrative offense decision. In the absence of either document, such an entry is unlawful.

Under part 2 of Article 38 of the Code of Ukraine on Administrative Offenses, administrative penalties for violations under Articles 210 and 210-1 may be imposed no later than three months from the date of detection, but not later than one year from the date of commission.

In cases of failure to appear upon summons, the date of the offense is considered to be the date on which the person was required to appear at the TRSSC. From this moment, the three-month limitation period begins.

Therefore, after the expiration of this three-month period, TRSSCs are obliged to remove information on the alleged violation from the Register, as imposing administrative liability thereafter becomes impossible.

Ukrainian law also requires that administrative offense cases be considered in the presence of the person concerned. In their absence, proceedings are allowed only if the person has been duly notified of the time and place of hearing and has not requested adjournment.

Despite these requirements, in practice TRSSCs often enter violation records without a protocol, without a decision, without proper notification, and without the person’s consent to a written (in absentia) procedure. Such practices contradict the Code of Ukraine on Administrative Offenses and violate procedural rights.

How to Remove Information from the Register

Information on violations may be included in the Register only if properly issued administrative documentation exists (protocol or decision). If such documents are absent or the three-month limitation period has expired, the entry is unlawful and subject to removal.

The most common remedies include:

• submitting a reasoned application to the TRSSC requesting removal of the unlawful record;
• filing a claim with the administrative court (either at the place of registration of the applicant or the TRSSC) seeking recognition of the TRSSC’s actions as unlawful and obliging removal of the data.

In some cases, TRSSCs voluntarily remove such entries upon receiving well-substantiated written requests demonstrating absence of an administrative offense or procedural violations (no summons, no protocol/decision, expiration of limitation period, etc.). Requests may be submitted in person, by mail, or electronically.

It should be noted that TRSSCs must respond to attorney inquiries within five days, pursuant to the Law of Ukraine “On Advocacy and Legal Practice,” whereas general citizen requests may take up to 30 days.

Currently, the most effective remedy is judicial protection through administrative proceedings. Courts consistently uphold claims where there is no evidence of a protocol or decision, no proper notification, or where the limitation period has expired.

For example, in its decision of 19 May 2025 in case No. 440/3301/25, the Poltava District Administrative Court found that the claimant had not been summoned and no administrative decision had been issued, concluding that no violation existed.

Similarly, in case No. 160/31249/24 (Dnipropetrovsk District Administrative Court, 30 April 2025), the court held that liability requires a formal decision, and since no protocol was drawn up, the entry in the Register was unlawful.

In case No. 160/8605/25 (3 June 2025), the court emphasized that TRSSC actions were unlawful and that the authority had no discretion to retain such data, ordering its removal as the most effective remedy under Article 13 of the European Convention on Human Rights.

Conclusion

Entries on violations of military registration rules in the Register are permitted only on the basis of lawful administrative offense proceedings, confirmed by a protocol or decision issued in accordance with the Code of Ukraine on Administrative Offenses. Otherwise, such entries are unlawful and must be removed.

Such records may have significant legal consequences, including restrictions on employment reservation and limitations on access to administrative services abroad.

The most effective remedy remains judicial protection through administrative courts, which consistently rule in favor of applicants where procedural violations or expiration of limitation periods are established. At the same time, individuals may also seek voluntary correction through TRSSCs; however, in the absence of administrative response, court proceedings remain the guaranteed mechanism for protection of rights.