Military Medical Commission and Deferment from Mobilization: when passing the medical commission is mandatory and when it’s not

In the context of ongoing mobilization, deferment from conscription remains a pressing issue for many Ukrainians. One of the most debated and problematic topics is the requirement to undergo the Military Medical Commission (VLC) when submitting documents for deferment. This article is based on an analysis of current legislation, court practice, and regulatory changes in 2024–2025, and explains the most important aspects of the procedure.

Deferment and grounds for receiving it
Deferment from military service during mobilization is granted to a conscript if there are legal grounds, confirmed by relevant documents. The main reasons for deferment include:

Health status (presence of diseases, disability, mental disorders, serious injuries).

Family circumstances (having three or more children, need to care for disabled family members, guardians, single parents).

Professional activity (reservation of employees of critically important enterprises).

Education (studying at an institution to obtain higher or professional education according to the Law on Education).

Legal regulation of VLC procedures
The procedure for conscription during mobilization, approved by Resolution of the Cabinet of Ministers of Ukraine No.560 dated May 16, 2024, clearly states: if a person submits an application for deferment to the Territorial Recruitment and Social Support Center (TRC & SSC), they are NOT sent to the VLC until the commission makes a decision on the application.

Courts have repeatedly noted that requiring VLC before a deferment decision contradicts these provisions. Such actions are viewed as overstepping the TRC’s powers and violating the applicant’s rights.

Who really needs to undergo VLC?
VLC is mandatory only for those seeking deferment DUE TO HEALTH REASONS. If an individual seeks deferment for this reason, they must undergo VLC to obtain a medical conclusion: “temporarily unfit,” “limited fitness,” or “unfit for military service.” For other grounds (family, education, reservation), VLC is not required.

Application process: what happens in practice?
After submitting documents and the application for deferment to TRC, the commission reviews the case and makes a decision based on the submitted documents. Only if necessary—to confirm health status—does an applicant receive a referral for VLC.

Practical aspects — new electronic referrals
From May 9, 2025, electronic referrals for VLC have been introduced, improving response times for those who truly need VLC due to health reasons. However, the basis for deferment remains unchanged. Paper or electronic referrals are issued ONLY after the commission’s decision, not automatically for all applicants.

Pitfalls and typical issues
Some TRCs still require VLC “for formalities” when submitting documents, regardless of grounds for deferment. This is unlawful and challenged in court. TRCs may delay issuing referrals or reviewing applications, demanding extra certificates. If deferment is denied due to “no VLC” when the grounds are not health-related, these actions are found illegal upon appeal.

VLC timeframes
If assigned, VLC must be completed within 4–14 days, depending on the complexity of examinations and availability of documents.

Summary: Key points for citizens

• VLC is not mandatory for those seeking deferment on non-health grounds.
• VLC is required only when deferment is based on health grounds.
• TRC unjustly demanding VLC can and should be challenged.
• Court practice in 2024–2025 shows: refusal of deferment solely for not passing VLC on other grounds is illegal.
• Citizens should know their rights and be ready to protect their interests both administratively and legally.

Author: Ihor Yasko, Managing Partner of “Winner” Law Firm, PhD in Law.