In this article, we examine the current situation regarding men who have reached the age limit for being in the reserve and after 50 plus years are no longer subject to mobilization under the old legislation (meaning the old version of the Law of Ukraine “On Military Duty and Military Service”). So, let’s figure out as of 2026 how the situation with men has changed after
In this article, we examine the state of affairs regarding men who have reached the maximum age for being in the reserve and after 50 plus years are no longer subject to mobilization under the old legislation (meaning the old version of the Law of Ukraine “On Military Duty and Military Service” ).
So, let’s look at how the situation has changed for men over 50 years old who are still subject to military service according to the data from the “Oberig” registry (information from there is available through the Reserve+ application) as of 2026.
Is mobilization after reaching the age limit legal?
In substantiation of their claims to be excluded from the military registration as non-citizen, many men after 50+ years of age point out that they were excluded from military registration before 2014 (ground: reaching the maximum age of being in the “reserve”, before March 2014), which was directly stipulated in the law on military registration. The relevant information about the exclusion was often entered by the village council (at that time, village councils conducted military registration in rural areas) and the relevant information was entered into the personal card of the primary registration of the conscript.
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After 2014, this right to exclusion was removed, and it was no longer possible to contact the CCC and SP with an application for exclusion from military registration based on the age limit, and even before 2014, many did not apply for such.
At the same time, at the beginning of the full-scale invasion in 2022, after the mandatory data update procedure, many learned, including through the mobile application Reserve+ (accessible from the mobile application (app) “Reserve +”), that the Unified State Register of Conscripts, Military Conscripts, and Reservists has information about being registered, without marks on the exclusion from the military registration of military conscripts by the age limit.
This indicates that since he is NOT excluded from military registration, he is therefore subject to military service, therefore the CCC and the SP have the right to force him to comply with the rules of military registration.
Since then, many have considered the inaction of the village council and military commissars regarding the failure to enter information about exclusion from military registration into the Unified State Register of Conscripts, Military Obligations, and Reservists “Oberig” to be illegal and have appealed to the court as plaintiffs.
What does case law say about exclusion from registration based on age limit?
Judicial practice in such cases is overwhelmingly negative. Courts refuse to satisfy the claim for entering information into the “Oberig” Register on the exclusion of such persons from the registration of military conscripts, referring to a model decision in similar cases of the Supreme Court of Ukraine, where in a similar case it refused to satisfy the claims in a similar case, motivating this by the peculiarity of the temporal effect of administrative rights and obligations. In simple words, administrative rights and obligations are valid at the moment when they are legally valid, if the relevant basis ceases to exist (i.e. to act), then all subjects lose the right to use it (meaning the right to be included in the registration according to the maximum age of being in the reserve as of 2014).
Where do they serve after 50 years?
If mobilization after 50 years of age is legal in the opinion of the judges, then where can conscripts serve at a respectable age, who often have certain limitations in the physical condition of the body (experienced or acquired injuries, disabilities, age-related changes in health) according to the schedule of diseases of the Ministry of Defense .
Read also: Changes in the military service: list of diseases that do not allow conscription (updated order)
This issue is resolved when such men undergo a medical examination by the Military Medical Commission. Based on the conclusion of the medical commission, the degree of fitness for certain categories of troops is established, which can be either “full fitness” for all types of military service or “fitness for rear service”, namely logistics, security, support units and other types of rear service.
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