Liability for failure to undergo pre-vetting: is it possible to refuse and what penalties are provided for
8 August 2024 02:19
on 18 May 2024, the updated Law on Mobilisation and Mobilisation Training came into force. In accordance with the provisions of this law, Ukraine introduced an obligation for all persons liable for military service aged 18 to 60 to update their military registration data within two months, i.e. by 16 July. However, in addition to updating military registration data, the law also introduced the obligation to undergo a medical examination to determine the degree of fitness for military service.
As a result, persons liable for military service have questions about liability for failure to undergo a medical examination and the conditions under which a fine may be imposed for refusing to do so. Read the answers to these and other questions in "Komersant Ukrainian"
Will a fine be imposed for failing to undergo a pre-vetting examination?
Mark Andrusiak, Director of the Department of Personnel Policy at the Ministry of Defence of Ukraine, said that persons liable for military service who have updated their military records but have not undergone the military qualification examination may receive a separate fine, as these are two different types of military service.
Thus, the new Law of Ukraine on Mobilisation and Mobilisation Training provides for two separate obligations:
- Updating military registration data;
- Undergoing a medical examination to determine the degree of fitness for military service.
Accordingly, a separate fine may be imposed for each of these violations.
In order to avoid fines for not updating their military registration data, which range from UAH 17,000 to 25,500, most persons liable for military service updated their data within the 60-day period allotted for this purpose, but did not undergo a military medical examination. Thus, persons liable for military service became concerned about the possibility of receiving a separate fine for failing to undergo a medical examination.
However, the Ministry of Defence of Ukraine later explained that a military medical examination was not required during the period of updating military records. The obligation to undergo a military medical examination arises only after receiving a summons to undergo it.
Military medical examination for persons with limited fitness
In accordance with the requirements of Order No. 402 of the Ministry of Defence, which came into force on 4 May 2024, persons with limited fitness status are now required to undergo a second medical examination without receiving a summons to a military medical commission. According to this order, medical commissions can no longer grant limited fitness status, and therefore, these individuals must undergo a new medical examination by 4 February 2025.
As a result of the examination , a new status may be determined:
- Fit;
- Fit to serve in military support units, TCCs, etc;
- Temporarily unfit;
- Unfit with exclusion from military registration; or
- Unfit with re-passing the OPC in 6-12 months.
Failure to comply with this obligation may result in a fine being imposed on a person liable for military service.
Is it possible to refuse to undergo the VLC?
It is worth noting that the current legislation of Ukraine currently does not explicitly prohibit refusal to undergo the VLC, although there is an obligation to undergo it. Thus, a person liable for military service can theoretically refuse to undergo a military medical examination, but this will entail administrative liability, as well as the possibility of being declared fully healthy and ready for further mobilisation.
Therefore, after receiving a call-up for a military medical examination, a person liable for military service should report to the required MCC and SP or to the relevant healthcare facility, where a medical examination will be conducted to determine the degree of fitness for military service.
Timely completion of the OPC will help you avoid fines and the assignment of a fit status.
Liability for refusal to undergo the VLC
As mentioned above, a fine for failure to undergo the VLC can be imposed only if a person liable for military service has received a summons to undergo the VLC and has failed to appear for it.
However, liability for failure to appear may be avoided if the following valid reasons are provided:
- An obstacle of a natural nature;
- Illness of the citizen;
- Actions of the aggressor country or other circumstances that deprived the citizen of the opportunity to personally arrive at the specified place and time;
- Death of a close relative (parents, spouse, child, siblings, grandparents) or a close relative of the spouse.
In this case, the existence of the relevant circumstances must be confirmed by means of certificates or official documents that must be submitted to the TCC and the JV within three days.
Liability for failure to undergo a medical examination to determine fitness for military service is provided for in Article 210-1 of the Code of Administrative Offences, which establishes fines of UAH 17,000 to UAH 25,500 for the relevant violations during martial law and UAH 5,100 to UAH 8,500 in peacetime.
Thus, the updated Ukrainian legislation clearly defines the obligation of persons liable for military service to undergo a military medical examination upon receipt of a call-up, which is subject to fines.
Although there is no direct prohibition on refusing to undergo the MLC, avoiding it without valid reasons may result in administrative liability, which includes significant financial penalties.
Author: Olya Yushko
