Cabinet obliged to change rules of automatic military registration
The Sixth Administrative Court of Appeal has declared unlawful and invalid certain provisions under which men could be automatically registered for military service, and ordered the Cabinet of Ministers to change the relevant procedure. This is reported by "Judicial and Legal Newspaper".
The decision in case No. 320/31215/25 was adopted by the panel of judges on September 16. The appellate court fully satisfied the plaintiff's appeal, overturned the decision of the first-instance court, and declared unlawful and invalid paragraphs 17 and 17-1 of the procedure for implementing the experimental project on automatic verification of data of conscripts, persons liable for military service, and reservists.
This concerns the mechanism introduced by Cabinet Resolution No. 932 of August 16, 2024, and later amended by Resolution No. 556 of April 11, 2025. It provides for electronic data exchange between state registers and automatic entry of information into the "Oberih" register.
In particular, under the current version of the procedure, the State Migration Service transmits data on male citizens of Ukraine to the Ministry of Defense. For men aged 25 to 60 who are not on military registration, automatic registration is provided through electronic interaction of state registers using the "Trembita" system. This follows from the text of Cabinet Resolution No. 556.
The problem was that under such a mechanism, men who had previously been legally removed from the register could be re-registered. In particular, the case concerned situations where a person's previous status was not taken into account during automatic data processing.
Following the consideration, the court also obliged the Cabinet to bring regulatory provisions in line with the law "On Military Duty and Military Service" and to create a mechanism for canceling erroneous military registration. This should allow such records to be corrected without the need to go to court each time.
As explained by lawyer Daria Tarasenko, who represented the plaintiff, people who are now unlawfully on military registration due to the automatic mechanism actually have no separate out-of-court procedure for correcting their status. She expects that after the implementation of the decision, the government will define a procedure by which a person can submit documents, and the authorized body will make the relevant changes to the register.
According to the "Judicial and Legal Newspaper", the appellate court's ruling has entered into legal force. At the time of the lawyer's first report, the full text of the decision had not yet been published in the Unified State Register of Court Decisions.
