Sixth Court of Appeal Rules Government Decree on Automatic Military Registration Illegal

Judgment by the Sixth Court of Appeal

According to Radiotrek — Світ: On September 16, 2026, the Sixth Court of Appeal declared clauses 17 and 17-1 of the Cabinet of Ministers of Ukraine’s Resolution No. 556, dated April 11, 2025, illegal. These provisions mandated the automatic registration of individuals as military reservists. The court’s ruling compels the government to amend the resolution to comply with legal standards and to establish a procedure for removing unlawfully registered individuals from the “Oberih” system. Previously, from 1992 through 2026, people removed from military records were automatically re-registered as liable for military service, which frequently resulted in unlawful mobilizations.

This decision, issued under case No. 320/31215/25, took immediate legal effect upon announcement. Resolution No. 556 was introduced as part of a pilot program aimed at automating verification of conscripts, reservists, and those liable for military service. The court’s declaration that automatic re-registration of excluded individuals is unlawful marks a significant advance in safeguarding citizens’ rights. Meanwhile, military enlistment offices and units have faced numerous complaints and lawsuits due to this practice.

Who Is Considered Liable for Military Service?

Under Ukrainian law, a military liable person is defined as a reservist aged between 25 and 60, eligible for conscription during mobilization or martial law. Those not subject to military duty include individuals removed from military records due to health issues, reaching the maximum age limit, or loss of citizenship.

The court’s ruling effectively cancels the automatic registration of those previously excluded and condemns the practice of reinserting individuals through electronic data exchanges without proper legal grounds.

Interestingly, the European Court of Human Rights, in the Scoppola v. Italy case, noted that laws with retroactive beneficial effects are permissible. Conversely, Ukraine’s Constitutional Court has emphasized the principle of legal certainty and warned against restricting constitutional rights. Legal expert Valentyn Dupak observed that

“the judiciary in Ukraine has long assumed legislative functions and initiatives, which is not surprising to legal professionals.”

This ruling by the Sixth Court of Appeal carries considerable weight in Ukraine’s legal landscape, underscoring the necessity of lawful processes in military registration. Declaring the automatic registration of excluded persons unlawful could serve as a foundation for future reforms in military conscription laws and practices. Moreover, the decision highlights the importance of protecting individual rights, a key pillar of democratic governance.

In light of the recent ruling by the Sixth Court of Appeal, it is essential to understand the ongoing reforms within the military registration system. Notably, the Ministry of Defense has implemented measures for the automatic deregistration of reservists once they reach the age limits. This development underscores the government's efforts to streamline military obligations and protect citizens' rights, further emphasizing the need for clarity in military enlistment processes.