The issue of passing military medical commissions and mobilization remains one of the most resonant in Ukraine. Recent legislative changes have significantly changed the rules for interaction of citizens with TCC and VVK.

At the same time, a new judicial practice is being formed, which increasingly clearly defines how to protect your rights. The Judicial and Legal Newspaper writes about this.

After the entry into force of Law No. 3621-IX, the “restricted fit” status no longer applies. Instead, military medical commissions use an updated fitness assessment system.

Today, the IHC can make three main decisions: Citizens who previously had the status of “limited fitness” or similar formulations are required to undergo a second medical examination.

Judicial practice confirms that the obligation to undergo an IVC arises only if there is an appropriate call and direction. At the same time, the law provided for the obligation to independently undergo a second examination until June 5, 2025 for certain categories of citizens. At the same time, the terms for bringing to administrative responsibility for failure to pass the IHC are limited.. After their expiration, cases cannot be opened or must be closed.

The absence of an up-to-date IHC conclusion is not a legal basis for refusing a deferment from mobilization.

The right to deferment is determined exclusively by Article 23 of the Law on Mobilization. If the citizen has submitted all the necessary documents, the TCC is obliged to consider the application and make a decision.

Passing the IVC and receiving a deferment are different procedures. Failure to undergo a medical examination may result in a fine, but does not cancel the right to a deferment.. The courts have repeatedly sided with citizens, declaring illegal the TCC’s refusal to grant a deferment due to the lack of a medical examination..

The law provides two ways to appeal the decision of the military medical commission:.

The first step is to contact the higher military commission. The complaint must be filed within 30 days after receiving the decision.

The statement should:.

The Higher Commission may order a re-examination or change the decision.

If the decision is not changed or the complaint is rejected, you can appeal to the administrative court.

Deadlines for appeal: The court does not establish a diagnosis, but checks the procedure:.

In case of violations, the court may cancel the decision of the IHC and order a new inspection.

This issue is often the subject of controversy. In general, courts increasingly support the position of citizens.

If a person has already submitted documents for a deferment, the TCC must first consider this application. Forcible referral to the IHC before a decision is made may be considered a violation of the procedure. At the same time, the TCC insists that a medical examination is part of the duty for military registration, and not mobilization.

Refusal to pass the IHC usually results in a fine. However, such fines can be appealed in court if you can prove a violation of the procedure on the part of the TCC.

Judicial practice confirms that persons with a valid deferment or those who are in the process of obtaining one should not be sent to the IHC without reason.

A separate problem remains the entry of data into the register of persons liable for military service " In many cases, TCCs refuse to enter data remotely and require personal presence. This creates difficulties in obtaining consular services, in particular obtaining a foreign passport..

Courts already recognize such refusals as unlawful if the state has enough data to identify the individual through other registries. In particular, the possibility of remote data entry is confirmed through electronic services or written requests. In case of refusal, citizens can appeal the actions of the TCC in court.

We also wrote that in Kyiv, the father of five children, Alok Raman Prasad, received a fine from the Desnyansky territorial center for recruitment and social support, despite the fact that he has a deferment from mobilization. The TCC says that the man still had to undergo a military medical examination again, and also justified the amount of the fine.