In Mykolaiv, a court ordered the Territorial Health Center to remove a man from its registry due to his asthma

The Mykolaiv District Administrative Court ordered the regional recruitment center to enter into the registry information regarding the man’s unfitness for military service and his removal from the military registry. Previously, a military medical commission had deemed him unfit due to severe bronchial asthma; however, he continued to be listed as subject to military service in the “Reserve+” app.

This is stated in the decision of the Mykolaiv District Administrative Court

As the court established, the man underwent a military medical examination in January 2023. The commission’s report listed the diagnosis—severe bronchial asthma—and concluded that he was unfit for military service, with his removal from the military registry.

However, the man remained registered in the electronic military registration system. The section regarding the medical board’s conclusion stated that he was unfit for service in peacetime but had limited fitness for service in wartime. This information did not correspond to the board’s conclusion as recorded in the documents.

In February 2026, the man applied to the Territorial Military Registration and Enlistment Office (TCK) requesting removal from military registration and correction of the information in the Unified State Register of Conscripts, Persons Subject to Military Service, and Reservists.

In response, he was informed that in order to make changes to the “Oberig” system, he would need to undergo a medical examination by the Medical Examination Commission again and obtain a medical certificate. In April, the TCC again refused to make the changes, citing the requirements for the preparation and approval of Medical Examination Commission (VLK) conclusions that were in effect after the man had undergone his medical examination.

The court disagreed with the TCC’s position. The ruling states that the Medical Examination Commission’s certificate from January 2023 remained valid, and the defendant did not provide any evidence of its revocation or invalidation.

The court also emphasized that amendments to regulatory acts adopted after the man underwent the Medical Examination Commission review cannot be applied retroactively if this worsens his situation. In the court’s view, the Military Registration and Enlistment Office should have taken into account the documents issued in accordance with the regulations in effect at the time of the medical examination and entered the relevant information into the registry without requiring the man to undergo the medical examination again.

As a result, the court fully granted the claim. It ruled that the Military Registration and Enlistment Office’s failure to remove the man from military registration and to enter up-to-date information into the registry was unlawful. The court also ordered that the information be corrected in accordance with the Medical Examination Commission’s conclusion regarding his unfitness for military service, including his removal from the registry.

In addition, the court ordered the TCC to reimburse the plaintiff, from its budgetary allocations, 4,000 hryvnias in legal fees and 1,064 hryvnias 96 kopecks in court fees. The man had requested compensation of 10,000 hryvnias for attorney’s fees; however, the court deemed this amount excessive given the complexity of the case and the scope of work performed.

Андрій Колісніченко