Martial law and general mobilization are in effect in Ukraine, the term of which has been extended until November 5, 2025. One of the key stages of mobilization procedures is passing a military medical commission (MMC), which determines citizens' fitness for service. At the same time, lawyers remind: there are cases when referral to the MMC is mandatory, and when it contradicts the law.
The work of the VLK is regulated by the Order of the Ministry of Defense No. 402, which contains a schedule of diseases and eligibility criteria. There is also a Cabinet Resolution No. 560, which explicitly prohibits the forcible sending of conscripts with a valid deferment to the VLK.
Lawyer Darya Tarasenko emphasizes:
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requiring a medical examination in cases where it is prohibited by law is unlawful;
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Refusal of such an “illegal” inspection does not entail liability;
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Refusal to accept documents for deferment due to the absence of a VLK is also unlawful.
According to current regulations, during martial law, conscripts must update their health data at least once a year (in peacetime, once every five years).
Lawyers distinguish three main groups:
1. Persons with a valid deferral
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can undergo VLK only at their own request;
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are required to undergo a medical examination if they were previously found to be limitedly fit but have not yet undergone a check under the updated procedure.
2. Persons who have applied for a deferral, but the decision has not yet been made
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those who were previously found to be limitedly fit (unless they have disability status);
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those who were temporarily unfit, but the period of unfitness has already expired.
3. All other military conscripts (except for persons with disabilities)
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who has never had a medical examination;
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who passed it more than a year ago;
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who underwent VLK less than a year ago, but has new health complaints.
Thus, not every referral to the VLK is legal. Citizens with a valid deferral have the right to refuse a compulsory medical examination, and illegal actions by military enlistment offices or the CCK can be appealed.
