Supreme Court: Permanent Residence Abroad Does Not Cancel Military Obligation

Сase Facts and Court’s Position

A citizen obtained permission to move abroad for permanent residence and applied to the Territorial Recruitment and Social Support Centre (TCR) to be removed from the military register. In response, the citizen was refused.

As a result of the case review, both the lower courts and the Supreme Court upheld the position that there were no grounds for removing this citizen from the military register.

The court emphasized that the legislation distinguishes between two concepts:

• removal from the military register — this action does not deprive the person of their status as liable for military service. For this to occur, at least one of the grounds specified in paragraph 2, part 5, article 37 of the Law of Ukraine “On Military Duty and Military Service” must be present. This list is exhaustive and cannot be interpreted expansively. After being removed from the register, the law explicitly mandates that the person must re-register if circumstances change. For example, if a person changes their place of residence within Ukraine, they must be removed from the previous registration and re-registered at the new location;
• exclusion from the military register — this procedure results in the loss of the status of a person liable for military service. It is allowed only in cases expressly provided for in part 6 of article 37 of the Law of Ukraine “On Military Duty and Military Service,” in particular: termination of Ukrainian citizenship, recognition of the person as unfit for military service based on a medical commission’s decision, reaching the maximum age for being in the reserve, as well as in cases of death or the person being declared missing. These grounds are limited by law and do not allow for arbitrary interpretation.

Thus, obtaining permanent residence abroad does not, in itself, constitute grounds for removal or exclusion from the military register. The person remains liable for military service, is subject to summonses from the TCR, must appear upon summons, and must notify of any changes in their registration details, etc. The decision to remove or exclude a person from the military register is only possible if there are grounds explicitly defined by law.

Conclusions:

• permanent residence abroad does not exempt an individual from military registration obligations;
• removal from the register at a specific location does not terminate the status of a person liable for military service;
• only in the case of grounds for exclusion from the military register does a person lose their status as liable for military service.

Therefore, citizens who have officially moved abroad for permanent residence remain liable for military service. In other words, such individuals are required to comply with the legal requirements related to military registration, even while residing outside the country.