Deregistered from military service but received a draft notice: what to do in this situation

Deregistered from military service and received a draft notice: how to act in such a situation

Mobilization is currently underway in Ukraine, which raises more and more questions: who can be called up, and who cannot. People often confuse two similar-sounding terms — deregistered and removed from military registration. In fact, these are different statuses, each of which has its own consequences.

In a comment for Fakty ICTV, lawyer of LESHCHENKO & PARTNERS Danylo Tryasov explained the difference between these statuses and what to do if you have been deregistered from military registration and received a draft notice.

What is the difference between “deregistered” and “removed” from military registration

According to the lawyer, deregistration is a temporary measure, while removal is a final release from military duty. The above-mentioned legal statuses of persons liable for military service are not identical and differ from each other.

Moreover, the Law of Ukraine On Military Duty and Military Service distinguishes between the deregistration of conscripts, persons liable for military service, and reservists.

Parts 5–6 of Article 37 of the Law of Ukraine On Military Duty and Military Service stipulate that the following Ukrainian citizens are subject to deregistration from military records at the relevant district TCCs and JCs:

From the register of conscripts (except for the Security Service of Ukraine, intelligence agencies of Ukraine):

• persons who have already turned 25;
• those who moved to another oblast or district and registered with the new territorial center;
• those who were called up or enrolled in military service or sent to study at military educational institutions or military units within regular universities;
• those who have completed basic military training;
• those declared unfit for service due to health reasons, with confirmation by the higher military medical commission (according to Article 18 of the law);
• those who have received a special rank — soldier, sergeant, officer, etc.;
• those assigned to alternative (non-military) service;
• those sentenced and sent to a penal institution or assigned compulsory medical measures;
• those who completed training under the reserve officer training program and received the appropriate rank.
• From the register of persons liable for military service:
• persons who moved to another locality or oblast of Ukraine and registered at the TCC at their new place of residence;
• those called up for service or enrolled in military colleges, academies, or other institutions with military training;
• those sent to serve a sentence in a correctional facility or subjected to compulsory medical measures;
• those included in the operational military reserve;
• in other cases — by separate decision of the Ministry of Defense, the Security Service of Ukraine, or intelligence agencies.

From the register of reservists:

• persons who moved to another locality or administrative-territorial unit of Ukraine and registered for military service at the new place of residence;
• those called up or enrolled in service or study at institutions of professional pre-higher military education, higher military educational institutions, or military units within regular universities;
• those admitted to service in civil protection bodies and units;
• those who reached the maximum age for service in the military reserve or were removed from the operational reserve;
• those sent to serve a sentence in a penal institution or subjected to compulsory medical measures;
• in other cases — by decision of the Ministry of Defense, the Security Service of Ukraine, or intelligence agencies.

The following Ukrainian citizens are subject to removal from military registration:

• those who have died or have been declared missing or dead in accordance with the law;
• those who have terminated their Ukrainian citizenship;
• those declared unfit for military service;
• those who have reached the maximum age of being in the reserve.

What to do if you have been removed from military registration and received a draft notice

If your status is removed from military registration, the TCC has no right to issue a draft notice.

However, information about removal from military registration, in addition to a note in the military registration document, must also be entered into the Unified State Register of Conscripts, Persons Liable for Military Service, and Reservists.

If the TCC ignores the need to enter the removal information into the register, we recommend appealing to the court to challenge the inaction of the center.

The status of ‘removed from military registration’ means that a person loses the status of being liable for military service and is no longer subject to military registration obligations. In particular, such a person cannot be mobilized, is not required to undergo a military medical commission, update registration data, or receive a draft notice. This is a permanent status, and the person does not need to re-register for military service.

Do you have to go to the TCC if you are deregistered from military records and received a draft notice?

According to the lawyer, the status of deregistered from military records is temporary and does not release a person from military service obligations.

After deregistration, a person liable for military service continues to fulfill the obligations of military registration (undergoing military medical commission, updating military data, notifying the TCC and JC about changes of residence, etc.) and must register for military service in another center.

Therefore, if you were served a draft notice while having the status ‘deregistered from military records,’ this does not exempt you from reporting to the TCC and registering again.

Can a draft notice be served if you are deregistered from military records?

In this case, serving the draft notice is legal, and you should report to the TCC.

Moreover, the law provides a seven-day period for registering at the new place of residence. If you violate the rules of military registration, the TCC may hold you administratively liable and impose a fine.