Mobilization of excluded from military registration

Excluded from military registration are those who are completely unfit for it. This can be either due to reaching the age limit or due to health problems that make military service impossible for a particular person. Deregistration takes place on the basis of a resolution of the VLK. At the same time, the military registration document is not removed, but a special mark is made in it. As you know, in April 2024 the legislation on mobilization was significantly changed, and in May the corresponding changes came into force. Let's consider in more detail whether it is possible to mobilize those excluded from military registration, and whether it is necessary to re-pass a new VLK in order to confirm your unfitness for service again.

What does the Ministry of Defense say?

Dmytro Lazutkin, the spokesman of the Ministry of Defense, noted that those excluded from registration due to health conditions should come to the TCC to clarify the data. As for persons deemed unfit for service after 2022, they are required to re-pass the VLC. However, the representative of the General Staff Yuriy Glushchenko said in one of the interviews that those excluded from the register should not update their data. He relates this to the fact that such persons are no longer conscripted, so they are not subject to the rules that are relevant specifically for conscripts.

At the same time, even such a category of men under the age of 60 must always carry a military registration document. So what to do those who do not have a special mark in it?

In fact, the confusion in the understanding of this issue is largely due to the fact that none of the normative legal acts indicate whether such men need to pass the VLK again, or it will be enough for them to simply appear at the TCC to receive the appropriate mark in their document.

The legal conflict is related to the fact that these people are not covered by the rules for conscripts, because they are not, however, in the absence of the necessary mark in the military ticket, the representatives of the TCC and SP may have certain questions at the meeting.

Who is excluded from registration?

If we talk about all those excluded from military registration, then there are several categories of persons among them. It is about:

• previously sentenced to imprisonment for the fact that such persons committed grave or particularly grave crimes;
• unfit for service and exempted from it due to health;
• men who have reached the maximum age for being in the reserve;
• conscripted or accepted for service;
• those studying in higher military educational institutions;
• deceased conscripts or military personnel;
• persons who renounced Ukrainian citizenship and left our country in connection with this.

However, when it comes to this issue in the context of the current legislative changes, it means, first of all, persons who are unfit for service due to their state of health.

What is the key uncertainty?

Starting from May 18, when the relevant legislative changes entered into force, all men under the age of 60 have the obligation to always carry a military registration document. So, a big question is how communication with representatives of the TCC and SP will unfold, if there is no mark in the military ticket that the person is excluded from registration.

Here, the situation can be influenced by many factors, including extremely subjective ones, such as the behavior of specific persons responsible for mobilization. In view of the fact that numerous complaints regarding violations of the mobilization legislation are recorded, it is natural for citizens to be afraid of the risk of forced mobilization even in the case of prior exclusion from registration.

Military lawyers agree that the data needs to be clarified. However, there is no clear mechanism at the level of legislation that would regulate how exactly the TCC will decide the issue - whether it will be putting a corresponding mark in the military ticket or some other actions. At the same time, we can say for sure that such men are not expected to undergo the VLC again.

Many conscripts have questions about the "Oberig" base. Indeed, there were many cases when information in this database did not appear on time, or it contained inaccurate data. Therefore, it is worth making sure that the "Oberig" base really has information about your exclusion from military registration. This approach to this issue provides an opportunity to avoid many unpleasant situations, including at the border, if you travel outside of Ukraine.

During consultations, the team of the Prikhodko and Partners law firm answers in detail the client's questions on this topic. In general, we provide the following services:

1. Consultancy. This gives an opportunity to avoid misunderstanding the norms of current legislation and their real practical application in your particular situation.
2. Legal support. This also applies to physical escort to the TCC, if you are wary of the risks of possible force mobilization.
3. Representation in court. The service is relevant if your rights are violated by officials.

If you want to learn more about deregistration and the documentation that supports it, you have come to the right place. The team of experts of our law office will provide quality advice and help. Fill out the form on our website and our lawyer will contact you shortly.