Odesa resident proved that the TCC did not deliver him a summons but punished him illegally

The Odesa District Administrative Court sided with a man who argued that the territorial center for recruitment and social support had unreasonably entered information about him in the Oberih register as a violator of military registration rules and put him on the wanted list.

According to the Judicial and Legal Newspaper, the man insisted that he had properly fulfilled his obligation to clarify his military registration data, as he had updated his actual address, phone number and email address through the Reserve+ application on May 30, 2024.

The court found that on August 18, 2025, the head of the TCC ordered to ensure the plaintiff's arrival at the territorial recruitment center on August 22, 2025. The next day, representatives of the local government drew up an act on the absence of the person at the place of registration and noted that he actually lived in Odesa.

On the basis of this act, on August 19, 2025, officials of the TCC entered information about the plaintiff's violation of the rules of military registration in the Oberih register. On the same day, an appeal was made to the National Police to search for him and administratively detain him in order to bring him to the TCC to draw up a report on an administrative offense.

At the same time, there was no evidence in the case file that the plaintiff had been served with a summons or a proper notice of summons to the territorial recruitment center. It was also established that after updating his data through Reserve+, the plaintiff informed the state of his current address in Odesa, but the summons was not sent to this address.

The TCC objected to the claim and noted that the plaintiff had violated the rules of military registration by failing to appear when called. The defendant insisted that entering information into the Oberig register is not an administrative penalty, but only reflects official information about the performance of military duty. In addition, the TCC pointed out that updating data through the Reserve+ application does not exempt a person from the obligation to appear when called upon.

The court noted that the case file did not contain a copy of the summons addressed to the plaintiff, as well as no evidence of its sending by mail or delivery in another way provided by law, so the defendant did not prove the fact of proper notification of the plaintiff of the summons to the TCC. The absence of proper confirmation of the notification excludes the possibility of considering a violation of the rules of military registration and the presence of signs of an administrative offense as proven.

Кирило Бойко