Who is exempt from mandatory military service during mobilization?
Martial law and general mobilization continue in Ukraine, which are established until November 5, 2025. A crucial stage of mobilization is the passage of a military medical commission (MMC), which assesses the fitness of citizens for service. Ukrainian legislation specifies both cases in which referral to an MMC is mandatory and situations in which it is prohibited.
The procedure for the work of military medical commissions is regulated by Order No. 402 of the Ministry of Defense, which contains a list of diseases and eligibility criteria. According to Resolution No. 560 of the Cabinet of Ministers, military conscripts with valid deferments cannot be forcibly sent for examination.
Lawyer Darya Tarasenko emphasized that the requirement to undergo a medical examination in cases where it contradicts the legislation is unlawful. She drew attention to the following essential points:
Unlawful referral to an MMC of persons for whom it is prohibited is a violation of the law.
It is inappropriate to apply liability for refusal of such an “illegal” medical examination;
Refusal to accept documents for deferment due to failure to pass the VLK is also unlawful.
Who can be summoned to the VLK?
The law stipulates that during martial law, military conscripts are required to update their health information and pass the VLK at least once a year (in peacetime, once every five years). At the same time, there are clear rules that require citizens to undergo a medical examination.
The lawyer identified three main categories of military conscripts:
1. Persons with a valid deferment
can pass the VLK only at their own request;
They are obliged to pass if they were previously recognized as limitedly fit and did not pass a medical examination according to the new procedure.
2. Persons who have applied for a deferment, but the decision has not yet been made
citizens recognized as limitedly fit (provided that they do not have the status of a person with a disability);
those who were temporarily unfit, but the period of unfitness has already expired.
3. All other military conscripts (except for persons with disabilities)
those who have not undergone a medical examination;
persons who underwent an examination more than a year ago;
those who underwent a medical exam less than a year ago, but have health problems.
During mobilization and martial law in Ukraine, most men with a deferment can travel abroad, but this does not apply to all categories. In addition to men under 18 and over 60, most who are entitled to a deferment also have the opportunity to travel.
