Unjustified registration of women for military service at the Territorial Recruitment Center. What lawyers advise
25 March 19:05
In Ukraine, there has been an increase in cases where women are unjustifiably registered for military service and even placed on the wanted list through the TCC system. Kyiv resident Iryna Kharatsidi-Loginova described one such case—in which she was unjustifiably added to the register of persons subject to military service—on her Facebook page, reports
Iryna clarified that she has no medical training and did not graduate from a military department. She learned that she was on the military service registry after receiving a call from a local police officer, who informed her that she was wanted for evading mobilization. After the story gained attention, other women with the same problem reached out to Iryna. What they had in common was that they were all registered at one of Kharkiv’s district military registration and enlistment offices. None of them had grounds for mandatory registration.
As explained in a comment
“I am aware of cases where women are registered because they are subject to military service, specifically because they have received education in the fields of pharmacy or medicine. In such cases, the same requirements apply to women as to men subject to military service,” Borovskyi explains.
If someone has been unjustly fined, whether a woman or a man, Borovskyi advises taking the matter to court.
“You have the right to challenge this fine in court within 10 days of learning about the decision to impose the fine on you. You can challenge it by filing a lawsuit with the local court in the district or city where you are registered,” says the lawyer.
He explains that this will be an administrative lawsuit, in accordance with the rules of the Code of Administrative Procedure. However, it is filed with the local court.
“In the lawsuit, you can state that you received the fine without cause, or that you are not registered for military service there at all and may have been mistakenly added to the registry,” advises the attorney.
Taras Borovskyi says that, accordingly, the Military Registration and Enlistment Office must, in turn, justify why they imposed this fine.
“As a rule, in these cases, the TCC doesn’t even respond to the complaint with a formal answer. And the courts rule in favor of citizens whose rights have been violated,” the lawyer notes.
As a reminder, the provisions regarding liability for a citizen’s failure to fulfill military duty are set forth in two articles of the Code of Ukraine on Administrative Offenses (CUAO):
- Article 210 (Violations by conscripts, persons subject to military service,
- reservists of military registration rules)—for example, cases where a person subject to military service has not updated their information, has not registered, or has not reported changes to their information, such as a change of residence or marriage;
- Article 210-1 (Violations of legislation on defense, mobilization preparation, and mobilization)—applies to cases such as failure to appear at the Territorial Recruitment Center, refusal to accept a summons, and violations of military registration rules by employers.
For violations of military registration, i.e., the provisions of Article 210 of the Code of Administrative Offenses, a fine may be imposed in the amount of:
- from 3,400 to 5,100 UAH in peacetime;
- from 17,000 to 25,500 UAH during martial law or in the event of a repeat violation.
For violations of defense and mobilization legislation (Article 210-1):
- in peacetime: for citizens—from 5,100 to 8,500 hryvnias; for officials and legal entities—from 17,000 to 34,000 hryvnias;
- during martial law: for citizens—from 17,000 to 25,500 UAH; for officials and legal entities—from 34,000 to 59,000 UAH.
