In Kharkiv, a man changed his gender to female, after which he applied to the TCC with a demand to remove him from military registration. He was denied, as, according to the TCC's arguments, without a decision from the military medical commission (VLC), he remains a conscripted man. Ultimately, the court recognized the TCC's decision as illegal and ordered his exclusion from military registration and the "Oberih" register, UNN reports with reference to the Register of Court Decisions.
Details
As stated in the court's decision, the man changed his gender from male to female, which was subsequently reflected in the civil status act record. Based on this, he was issued a birth certificate and a new passport of a citizen of Ukraine, where the gender was indicated as "female."
Subsequently, the plaintiff applied to the TCC with a request to exclude him from military registration and make appropriate changes to his military registration documents. The TCC, however, stated that the plaintiff mistakenly equated the medical certificate of gender reassignment, and therefore emphasized that determining the degree of fitness for military service falls within the exclusive competence of military medical commissions.
"It is the VLC that must determine whether medical interventions and hormonal therapy have led to conditions that make a person unfit for military service. Without a corresponding VLC decision, the defendant lacks the legal fact of the person's unfitness," the TCC's arguments state.
In addition, the TCC believes that the gender change did not lead to the need to exclude the man from military registration, as he had previously been registered as a conscripted man.
According to the TCC, the legal fact of changing one's name, surname, patronymic, or even gender in the civil registry offices does not have automatic retroactive force that would annul the previously acquired status of a conscript.
Ultimately, the court recognized the TCC's decision as illegal and ordered his exclusion from military registration and the "Oberih" register, as women serve only voluntarily.
Recall
It is now possible to register for military service online, without a personal visit to the TCC and medical examinations, through the "Reserve+" application.