Appealing the conclusion of the VLK: your rights and opportunities in the legal field

In modern realities, when military medical commissions (MMCs) play a significant role in determining the degree of suitability for military service, the decisions they make can have a decisive impact on the lives of citizens. However, what if you believe that the decision of the VLC is unfair or wrong? Are there any real chances of challenging this decision and what legal tools are available to protect your rights? Challenging the conclusion of the VLK is a complex and multi-stage process that requires a clear understanding not only of medical aspects, but also of the legal norms governing the activity of the commission.
Lawyers of the “Repeshko and Partners” Bar Association commented on the key aspects of challenging the conclusions of the Public Prosecutor’s Office, provided step-by-step instructions for actions, and answered the most common questions that arise from citizens who are faced with this problem.
Probably, the procedure of this mobilization at each stage raises more questions than the mobilization itself. Thus, the biggest resonance after the issue of serving summonses for data reconciliation in territorial centers of recruitment and social support is caused by the procedure of passing a military medical commission, which determines a person’s suitability for serving in the armed forces and the issue of being on military registration.
The military medical examination determines the fitness for military service of conscripts, military personnel, conscripts and reservists, establishes the causal relationship of diseases, injuries (wounds, contusions, mutilations) and determines the need and conditions for the use of medical and social rehabilitation and assistance to military personnel.
Medical examination of conscripts (pre-conscripts) is carried out by: surgeon, therapist (general practitioner – family doctor), neuropathologist, psychiatrist, ophthalmologist, otolaryngologist, dentist, dermatovenerologist, and, if necessary, doctors of other specialties who are recruited from health care institutions of communal or state ownership. The staff of doctors is approved by the order of the head of the district state administration (mayor).
The term for passing the VLK is set for no more than 14 days.
The procedure for passing the VLC generally looks as follows:
- Conscripted by the call of the TCC and SP arrives at the TCC where he receives a referral for examination;
- The medical examination is carried out by doctors, and the commission collectively determines the degree of suitability for military service;
- According to the results of the conducted medical examination of the conscripts, the Central Committee of the Central Committee and the SP adopts one of the resolutions:
1) suitable for military service;
2) temporarily unfit for military service, requiring treatment in a health care facility;
3) requires referral for additional medical examination and repeated medical examination;
4) unfit for military service in peacetime, limited fit in wartime;
5) unfit for military service with exclusion from military registration.
The resolution of the VLK is drawn up with an appropriate certificate. At the same time, the decision of the VLK is entered by a doctor – a member of the draft commission into the conscript’s registration card (the conscript’s medical examination card at the assembly point).
In addition, the certificate of the VLK with the decision on the unfitness (temporary unfitness) of the conscript for military service is kept in the personal file of the conscript.
The first question that arises is how often must conscripts pass the VLK?
Resolution No. 560 of the Cabinet of Ministers of Ukraine dated May 16, 2024 “On approval of the procedure for approving the draft of citizens for military service during mobilization, for a special period” determines that the validity period of the certificate with the conclusion of the Military Police is:
- in peacetime – 5 years
- during mobilization and/or martial law – 1 year.
It should be noted that in accordance with the Rules of military registration of conscripts, conscripts and reservists, approved by the Resolution of the CMU dated December 30, 2022 No. 1487, conscripts, conscripts and reservists must arrive at the summons of district (city) TCCs and SPs to TCCs and SPs in the terms indicated in the documents they received for passing a medical examination, as well as undergo a medical examination and treatment in health care institutions in accordance with the decisions of commissions on military registration, conscription commissions or military medical commissions of district (city) TCCs and SP.
Therefore, it follows from this norm that the initiator of passing the VLK should be the TCC and the SP, and not a single person who is not conscripted.
Thus, if a conscript passed the military training more than a year ago, but has not yet received a summons to pass the military training from the TCC and SP, then there is no violation in his actions and he does not have to pass the military training in a timely manner. Based on this, there is also no reason to impose an administrative fine in the TCC and SP, as the person has not been seen at the VLK for several years, as only the TCC and SP did not issue a referral to the VLK, and the person did not pass it.
The next question is whether, after passing the VLC, the corresponding conclusion should be handed over to the conscript?
In accordance with paragraph 7 of clause 3.8 of chapter 3 of chapter II of the Regulation on military medical examination in the Armed Forces of Ukraine, approved by the order of the Minister of Defense of Ukraine dated 14.08.2008 No. 402, resolutions of the VLK of military commissariats are drawn up with a certificate of the VLK (Appendix 4 to the Regulation) in two copies, which is not subject to approval by the full-time VLK and is valid for six months from the date of the medical examination. A copy of the certificate is given to a person who has undergone a medical examination.
Be sure to request the handing over of the conclusion of the VLK, because it is necessary in order to:
- to have the opportunity to travel abroad to persons who have been recognized as unfit or temporarily unfit;
- to find out whether all complaints and diagnoses were taken into account by the commission when reaching a conclusion;
- for those persons who are recognized as limited fit, it is necessary to take into account restrictions during further mobilization;
- to be able to appeal the conclusion in case of disagreement with it.
In the event that the opinion is still not handed out, it is necessary to submit a corresponding application for the issuance of the opinion and submit it officially for signature on the second copy.
The next step follows from this – what to do in case of disagreement with the conclusion of the VLK?
In this case, there is only one option – to appeal it. At the same time, there are two ways to appeal the decision of the VLK:
- in the pre-trial procedure according to the principle of appeal to the higher VLK of the region/Central VLK;
- in a judicial manner by filing an appropriate claim with the court.
The issues of passing the VLK are regulated by the order of the Minister of Defense of Ukraine No. 420 of August 14, 2008 “Regulations on military medical examination in the Armed Forces of Ukraine” with relevant changes and additions.
In the procedure of a pre-trial appeal, the review of the resolution of the VLK by a higher instance has the following form:
- Resolutions of the VLK of the district (city) TCC and SP can be appealed to the VLK of the region or the city of Kyiv.
- The revision of the resolutions of the subordinate VLKs (the VLKs of the regions) is carried out by the VLKs of the regions.
- Resolutions of any VLK have the right to review the Central VLK, which in this case is the governing body.
The result of the review of the application by the higher VLK may be a decision to conduct a repeated or control medical examination in order to finally resolve the issue of the conscript’s suitability for military service.
It should be noted that in order to have effective actions, it is necessary to prepare well. Even at the stage of passing the first VLK, collect all the necessary documents and research about your existing diseases. In this case, the rescue of the drowning is in the hands of the drowning themselves. Here, the task of the VLK is to find as few diseases as possible in you, while your task is to provide information to the VLK about all existing diseases and even more.
In controversial issues related to the conscript’s disagreement with the conclusions of the doctors who are involved in the medical examination of the conscripts, issues of control over the objectivity of the doctors’ conclusions by the decision of the full-time VLK, the conscript may be sent for a control examination at a health care institution in the system of the Ministry of Defense of Ukraine.
During martial law, a postponement of conscription due to health conditions may be granted to conscripts for a period of up to 2 months. According to medical indications, it can be extended for 2 months and for the third time – for the same period. After the end of the postponement, a medical examination of conscripts is conducted to resolve the issue of suitability for military service.
Also, judicial practice is inclined to the fact that an effective means of protecting your rights will first be an appeal to the higher VLK, and only then to the court. At the same time, a corresponding application for review of the resolution is submitted, which sets out the grounds for the appeal and to which all the necessary documents are attached.
But it should be taken into account that there are clearly established deadlines for a court appeal. Since in the judicial procedure the appeal takes place according to the rules of administrative proceedings, the Code of Administrative Proceedings of Ukraine applies, which establishes the following:
- in the case of application of the pre-trial review procedure before filing a lawsuit – three months for filing a lawsuit from the day of receiving the decision based on the results of the review of the application on appeal of the resolution of the Supreme Administrative Court of the Supreme Administrative Court
- in the case of the immediate application of the judicial appeal procedure – six months from the day when the person learned or should have learned about the violation of his rights and freedoms, that is, from the day of the issuance of the relevant resolution of the VLK.
As of 2024, the court fee for filing a lawsuit is UAH 1,211.20.
Challenging the conclusions of the VLK in court is nothing new. This category of cases has been considered by the courts for more than a year, and that is why there are well-established decisions that have passed all instances and currently serve as guidelines for the adoption of subsequent decisions by the courts. At the same time:
- The court does not have the right to replace the VLK and independently determine the degree of fitness for military service, but it has the full right to assess the completeness and objectivity of the conducted medical examination.
- During the consideration of the case, the court checks whether the procedure for conducting a medical examination and making a decision of the VLC was followed, and also analyzes the presence of all the necessary documents that were the basis for making the decision.
- The court may declare illegal and cancel the resolution of the VLK with the obligation to conduct a repeated medical examination of the person. This happens in the event that the court will establish violations in the procedure of passing the VLK.
- The court cannot determine the degree of a person’s disability or establish a causal relationship between the illness and military service. Only VLK can do this.
Therefore, it is impossible to appeal the decision of the VLK solely on the basis of medical indicators, because this is not within the competence of the court. Based on this, it is necessary to specify specific procedural violations that the VLK assumed in the claim in the order of administrative proceedings. Such violations can be: incomplete medical examination, failure to take into account VLK documents from the medical history or medical documentation of other medical institutions, etc. Therefore, we emphasize once again the importance of collecting the necessary medical certificates and conclusions by the person himself and submitting them to the VLK.