The lawyer explained in which cases the CCC cannot impose fines for failing a VLK
Lawyer Anna Lyashenko refutes the Volyn Regional Territorial Recruitment Center’s claim that all conscripts must undergo a military medical commission (MMC) every year. According to the lawyer, Ukrainian legislation does not contain a clear norm requiring an annual MMC.
On October 11, MMC press officer Ulyana Kravchuk noted that conscripts who have not passed the commission without a postponement or reservation may receive a fine of 17 to 25.5 thousand hryvnias. She emphasized that each violator must pay a fine and undergo a medical examination.
Lawyer Lyashenko takes a different position. She quotes from the Law of Ukraine “On Mobilization Training and Mobilization”, which does not contain a requirement to undergo an MMC every year. She also recalled that the relevant resolution No. 402 stipulates that the decision of the Military Medical Commission on fitness for service is valid for a year after the medical examination, but does not oblige conscripts to attend the commission annually.
Lyashenko adds that judicial practice shows that most appeals against such decisions of the Military Medical Commission are decided in favor of conscripts, since the annual passing of the Military Medical Commission is not mandatory.
This situation creates a legal conflict: the law does not require annual passing of the medical commission, but the Military Medical Commission imposes administrative fines. Experts believe that such misunderstandings provide grounds for appealing penalties in court. They advise conscripts to seek legal assistance if they are required to undergo the Military Medical Commission under conditions other than those prescribed by law.
It is also worth noting that the issue of mobilizing men under 25 is currently relevant.
