Currently, mobilization is ongoing in Ukraine, so questions are increasingly arising: who can be called up and who cannot.
People often confuse two similar-sounding concepts – removed and excluded from military registration . In fact, these are different statuses, each of which has its own consequences.
Together with Daniil Tryasov, a lawyer at the Leshchenko & Partners Law Firm , we looked into the difference between these statuses and what to do if you are removed from military registration and served a summons.
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What is the difference between “removed” and “excluded” from military registration
According to the lawyer, deregistration is a temporary measure, while exclusion is a final release from military service. The above-mentioned legal statuses of conscripts are not identical and differ from each other.
Moreover, the Law of Ukraine On Military Duty and Military Service distinguishes between the removal from military registration of conscripts, military personnel and reservists.
Parts 5-6 of Article 37 of the Law of Ukraine On Military Duty and Military Service stipulate that citizens of Ukraine are subject to removal from military registration of conscripts, persons liable for military service and reservists in the relevant district TCC and SP:
From the military register of conscripts (except for the Security Service of Ukraine, intelligence agencies of Ukraine):
- persons who have already reached the age of 25;
- who moved to another region or district and registered at the new territorial center;
- who were called up or enrolled in military service or sent to study at military universities or military units within regular universities;
- who have already completed basic military training;
- who were declared unfit for service due to health reasons, and this decision was confirmed by the Supreme Military Medical Commission (in accordance with Article 18 of the law);
- who received a special rank of soldier, sergeant, officer, etc.;
- who were sent to alternative (non-military) service;
- who were convicted and sent to a penal institution or assigned compulsory medical measures;
- who have completed training in the reserve officer training program and received the appropriate rank.
From the military register of those liable for military service:
- persons who have moved to another locality or region of Ukraine and have registered with the TCC at their new place of residence;
- who were called up for service or enrolled in military colleges, academies or other institutions providing military training;
- who were sent to serve their sentence in an institution or in relation to whom compulsory medical measures were applied;
- who were included in the operational military reserve;
- in other cases – by a separate decision of the Ministry of Defense, the SBU or the intelligence agencies of Ukraine.
From the military registration of reservists:
- persons who have moved to another locality or administrative-territorial unit of Ukraine and have registered for military service at their new place of residence;
- who were called up or enrolled in service or training in military institutions of professional pre-higher education, higher military educational institutions or military units at regular universities;
- who were accepted into service in civil defense agencies and units;
- who have reached the maximum age for service in the military reserve or have been excluded from the operational reserve;
- who were sent to serve their sentences in penal institutions or to whom compulsory medical measures were applied;
- in other cases – by decision of the Ministry of Defense, the Security Service of Ukraine or intelligence agencies.
Citizens of Ukraine who are subject to exclusion from military registration are:
- died or were recognized as missing in the manner prescribed by law or declared dead;
- terminated Ukrainian citizenship;
- recognized as unfit for military service;
- have reached the maximum age for being in the reserve.
What to do if you are excluded from military registration and have been served with a summons
If your status is excluded from military registration, the TCC does not have the right to hand over a summons .
However, information about exclusion from military registration, in addition to a note in the military registration document, must be entered into the Unified State Register of Conscripts, Persons liable for Military Service, and Reservists.
If the TCC ignores the entry of information about exclusion from military registration, we recommend that you go to court to appeal the center’s inaction.
— The status of being excluded from military registration means that the person loses the status of a person liable for military service and the obligations of military registration do not apply to him. In particular, such a person cannot be called up during mobilization, after being excluded from registration he is not required to undergo a military medical commission, update his registration data, such a person cannot be served with a summons. This concept is permanent, and the person should not be registered for military service again, — the lawyer notes.
Do I need to go to the TCC if I have been removed from military registration and have been served with a summons?
According to the lawyer, the status of being removed from military registration is a temporary concept and does not mean exemption from the status of a conscript.
After being removed from military registration, a person liable for military service continues to perform military registration duties (passing the VVK, updating military registration data, notifying the TCC and SP about a change of place of residence, etc.) and must register for military service with another agency.
“Therefore, if you were given a summons and you are in the status of removed from military registration, this does not exempt you from contacting the TCC and registering for military service,” notes Daniil Tryasov.
Do they have the right to serve a summons if you are removed from military registration?
In this case, the delivery of the summons is legal, so it is worth going to the TCC.
Moreover, the law provides for a seven-day period for re-registration for military service, and in the event of a violation of the rules of military registration, the TCC may hold the person administratively liable and impose an administrative penalty in the form of a fine.
