A search for a conscript announced by the Territorial Recruitment and Social Support Center (TCS) may be illegal in some cases. In such a situation, a citizen has the right to challenge it in court.
This was stated by Serhiy Koshel, a lawyer for the public organization "Public Platform".
According to him, violation of military registration rules in Ukraine is an administrative offense. According to current legislation, a person can be held administratively liable only within a certain period of time.
This is three months from the moment the offense was discovered. If one year has passed since the moment it was committed, it is no longer possible to impose an administrative penalty.
Such norms are provided for in Articles 38–39 of the Code of Ukraine on Administrative Offenses.
As the lawyer explained, if a person continues to be wanted after this period has expired, such actions may be illegal.
" In this case, the search is illegal and can be appealed in court ," Koshel noted.
If the court finds the search unlawful, the person can be removed from it without having to pay a fine. However, this does not mean automatic removal from military registration.
The lawyer emphasized that even after the wanted person is canceled, the citizen remains on military registration.
" The CCC has the right to summon you — but this is a separate procedure ," he explained.
Experts also cite examples of similar court decisions. In particular, the Donetsk District Administrative Court in case No. 200/5197/25 ruled to cancel the search because the deadline for bringing an administrative offence to justice had expired and the person had not been brought to justice by a relevant resolution.
Similar situations are also discussed by users on legal forums, in particular regarding the disappearance of the "wanted" status in the "Reserve+" application.
Lawyer Yuriy Ayvazyan explains that data on violations of military registration rules are entered into the appropriate register, after which an appeal to the police is automatically generated to bring the person in for drawing up an administrative report.
At the same time, the system immediately determines the period during which a person can be wanted. This period is one year.
After this period expires, the wanted status may automatically disappear, as the police no longer have reason to keep the relevant data in their databases.
