The difference between removal and exclusion from military registration in Ukraine

In Ukraine, removal from military registration and exclusion from it are fundamentally different legal procedures with distinct consequences for citizens. Understanding this difference is critically important for conscripts, persons liable for military service, and those in the reserve.

As noted by the Territorial Recruitment and Social Support Centres (TRSSC), the key difference lies in the reversibility of the action. If a person is removed from the register, they may be re-registered under certain circumstances. In contrast, exclusion is a final action that terminates a person's status on the military register on the basis of current legislation.

The essence of the procedures: temporariness versus permanent loss of status

Removal from military registration does not permanently annul the status of a person liable for military service. One example of such a situation is a change of place of residence. When a citizen moves, they are removed from the register at their old address so that they can register with the TRSSC at their new place of residence.

Exclusion, however, entails the complete termination of military registration relations. This occurs only in cases directly defined by law, for example, when a person is deemed unfit for service or reaches the maximum age for remaining in the reserve.

Grounds for removal from the register

The Law of Ukraine "On Military Duty and Military Service" clearly regulates the situations in which citizens are removed from military registration. These grounds vary depending on the category of the person.

For conscripts, removal from the register occurs:

• after reaching the age of 25 (they subsequently transition to the register as persons liable for military service);
• in case of a change of place of residence and registration at a new address;
• upon referral for alternative civilian service;
• in the event of enlisting in the military or entering a military educational institution;
• if the person is sent to serve a sentence or if compulsory medical measures are applied.

For persons liable for military service and reservists, removal from the register is possible:

• upon relocation and subsequent registration at a new place of residence;
• in case of conscription or acceptance into military service;
• under other circumstances related to serving or being in the military operational reserve, if provided for by law.

When a citizen is excluded from military registration

Exclusion from the register is a stricter measure. In accordance with Article 37 of the Law of Ukraine "On Military Duty and Military Service", this procedure is carried out by the TRSSC only on the basis of the following grounds:

• the death of the person, their declaration as missing, or their declaration of death in the established manner;
• the termination of Ukrainian citizenship;
• receiving a decision from a military medical commission regarding unfitness for military service;
• reaching the maximum age for remaining in the reserve, as established by legislation;
• if the person was a candidate for contract service but was not accepted into service in the manner prescribed by law;
• discharge from contract military service on the grounds provided for by current legislation.

It is important to understand that a change of place of residence is not a ground for exclusion. It is merely removal from the register in one location and registration in another.

Does a change of surname cancel a decision on exclusion

Lawyers emphasise that a change of name, surname, or other passport details does not affect a previously made decision on exclusion from military registration. Updating personal data does not cancel the legal grounds on which that decision was made.

For example, if a man was excluded from the register due to being deemed unfit for service, a change of surname in itself does not restore his fitness. The determining factor remains the ground on which the decision regarding his military registration status was made.

It is also worth noting situations involving departure abroad. Men whose military registration document states the status "Excluded from the register by court decision" may undergo additional checks at the border. At the same time, unfilled fields regarding the military medical commission in the electronic document are not in themselves a ground for refusal of departure.