Liability for Being Wanted by the TCC Has an “Expiration Date”: Lawyer Clarifies the Details
The search for a person liable for military service by the Territorial Center of Recruitment and Social Support (TCR) may be unlawful. This was stated by Serhii Koshel, a lawyer from the NGO “Public Platform.”
According to him, violations of military registration rules qualify as administrative offenses. Under current legislation, a penalty for such an administrative violation may be imposed within three months from the date it is detected.
However, if one year has already passed since the offense was committed, the military enlistment office can no longer hold the individual accountable, in accordance with Articles 38–39 of the Code of Ukraine on Administrative Offenses.
“In this case, the search is unlawful and may be challenged in court,” the lawyer explained.
If the search is indeed незаконний and this is confirmed by a court decision, the individual may be removed from the wanted list without paying a fine. At the same time, the person remains registered for military service.
“The TCR has the right to summon you — but that is a separate legal procedure,” Koshel added.
The lawyer also cited examples of similar cases in the judicial system. For instance, the Donetsk District Administrative Court, in case No. 200/5197/25, ordered the cancellation of a search because the statutory time limit for bringing the person to administrative responsibility had expired and no formal ruling had been issued against them.
Similar explanations are shared by lawyers on public forums, where users ask why their “Wanted” status disappeared in the “Reserve+” application.
“The TCR enters data into the Register regarding violations of military registration rules. Based on this information, a request is automatically generated to the police to bring the individual in for the drafting of a report. At the same time, the system automatically sets a period during which the person may remain wanted, and this period is one year. Therefore, the search status disappeared because a year had passed since the offense was committed. The police no longer have any record of the search,” explained attorney Yurii Aivazian.
Mobilization in Ukraine – Other Updates
Deputy Head of the Presidential Office Pavlo Palisa stated that clear terms of service, along with the possibility of deferment after completing a contract, are being prepared for all service members in Ukraine. He noted that the Ministry of Defense is currently drafting the necessary legislation.
It was also previously reported that Ukrainians over the age of 60 may добровільно sign a contract to serve in the Armed Forces of Ukraine. The contract will be valid for one year. However, this option applies only to those who have been deemed fit for military service by a military medical commission based on their health condition.