Main points
- They do not have the right to re-send to the VLK persons with a valid conclusion of unfitness or a deferment from mobilization.
- People with disabilities who have appropriate documents are not subject to referral to a medical board in the general procedure.
Illegal medical examination during mobilization: who does it concern / Collage by Channel 24 (Photo by Getty Images)
During mobilization in Ukraine, not all conscripts are entitled to be sent to a military medical commission. In some cases, such actions may be illegal.
Lawyer Yaroslav Khlivny in a comment for “RBK-Ukraine” explained who exactly this applies to and when referral to the VLK is a violation.
When is VLK illegal?
In Ukraine, there are clear rules regarding passing a military medical examination during mobilization. However, in practice, there are cases when citizens are sent for a medical examination without legal grounds.
The lawyer explains that not all conscripts should be re-referred to the VLK. In particular, this applies to persons who already have a valid commission conclusion on unfitness or limited fitness for military service. If such a document is valid and does not require revision, re-referral may be groundless.
Also, people who have an official deferment from mobilization should not be forcibly sent for a medical examination. In such cases, the requirement to undergo a medical examination may contradict current legislation.
Separately, Khlivny emphasizes that people with disabilities who have the appropriate documents are not subject to referral to a military medical commission in the general procedure. Their status has already been confirmed, and therefore, repeated medical examinations without additional grounds are unlawful.
He also draws attention to the fact that the basis for passing the VLK is receiving a summons or the need to determine fitness for service. At the same time, any actions outside this procedure may be regarded as a violation of citizens' rights.
What to do if you are forcibly sent to a forced labor camp?
There is a clear rule that prohibits sending people who are in the process of obtaining a deferral for a medical examination. At the same time, there are certain categories that are still required to see doctors.
According to paragraph 63 of the resolution, those who have applied for a deferral are not referred to the VLK until the decision is made by the commission. The exceptions are people with disabilities, as well as those whose period of limited or temporary incapacity has expired (6 – 12 months).
Yaroslav Khlivny also emphasizes that the current postponement actually protects against unjustified referrals for a medical examination at the CCC.
“Those whose deferral period has not expired are not sent for a medical examination, except in cases where conscripts are accepted for military service under a contract, or were recognized as limitedly fit and did not undergo a repeated medical examination to determine their fitness for military service (with the exception of those recognized in the established manner as persons with disabilities), or expressed a desire to undergo a medical examination on their own,” he summarizes.
In practice, the concepts of reservation and postponement are often confused, so the lawyer advises to be well-versed in your rights:
Thus, there is a discrepancy in the regulation of postponement and reservation, so we often see the practice when reserved persons undergo the annual VLK, but not with a postponement. If you have received such a summons and believe that it is illegal, you can appeal it in court,
– notes Yaroslav Khlivny.
What is new about mobilization in Ukraine?
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Mobilization rules continue to be in effect, taking into account updates, including the digitalization of interaction processes between registers and the CCC. Currently, men between the ages of 18 and 60 are subject to military service.
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Since March 13, 2026, a new service for temporary booking of employees for a period of up to 45 days has been launched in the state application Diya for enterprises that have the status of critical or belong to the defense-industrial complex.
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A bill has been submitted to the Verkhovna Rada that prohibits the CCC from mobilizing citizens by force and establishes clear rules for serving summonses. It prohibits administrative detention without an appropriate protocol or resolution.