Ukrainian court rules automatic re-registration for military service unlawful

The Sixth Appellate Administrative Court of Ukraine has ruled unlawful the provisions of a Cabinet of Ministers resolution under which thousands of citizens who had previously been legally removed from military registration were automatically returned to the status of military conscripts in the “Oberih” system.

The ruling was issued on September 16, 2026, in case No. 320/31215/25. The court fully granted a citizen’s lawsuit against the Cabinet of Ministers of Ukraine, declaring the contested provisions invalid. The ruling took effect immediately.

At the heart of the dispute is Cabinet of Ministers Resolution No. 932, adopted in 2024. It required the State Migration Service to transfer to the Ministry of Defense lists of all men between the ages of 25 and 60. An electronic system cross-referenced the data and automatically registered for military service those it could not find in the Oberih registry. The algorithm did not analyze the reasons for a man’s absence from the database: the resolution explicitly stated “those who are not registered for military service” — without any clarification as to why they were not registered. As a result, thousands of citizens who held official documents confirming their removal — for example, on health grounds — were automatically registered.

The plaintiff in the case was a man who had been removed from military registration on health grounds back in 2017. In May 2025, he discovered in the “Rezerv+” application that he was once again listed as a military conscript due to the automatic verification, and he went to court. His interests were represented by attorney Darya Tarasenko.

The court not only declared the provisions of the resolution unlawful but also ordered the Cabinet of Ministers to bring its regulatory acts into compliance with the relevant law and to develop a clear out-of-court mechanism for canceling erroneous registrations — so that citizens could have their rights restored through the Territorial Recruitment and Social Support Center (TCC).

“Our legal position in court was clear: the category of persons required to be registered for military service is defined exclusively by the Law — specifically, Article 17 of the Law of Ukraine ‘On Military Duty and Military Service.’ The Cabinet of Ministers has no right to invent its own categories and register persons who have been removed — this is a direct overreach of governmental authority. The court agreed. The court ruling has entered into force. The most important thing now is that the Cabinet of Ministers is obliged to develop a regulatory mechanism, so that a man who was registered due to an algorithm error can submit an application and documents to the TCC, and the TCC would be required to amend the registry without going to court,” wrote Darya Tarasenko on her Facebook page.

The Cabinet of Ministers intends to appeal the ruling by filing a cassation appeal with the Supreme Court. Until the case is heard at the cassation stage, the automatic re-registration of removed individuals remains unlawful, and they have the right to demand the deletion of their data from Oberih.