Refusal to undergo military medical commission

Today, Ukraine has been conducting full-scale active hostilities for more than 2 years to defend its legitimate territory from the invader represented by the Russian Federation. As of 2024, the total front line is 3,200 kilometers long, and intense hostilities continue for about 1,200 kilometers. It is clear that such an area where hostilities are taking place requires a large number of defenders from the citizens of Ukraine. That is why the issue of mobilizing new people into the Armed Forces is extremely important for the country today. However, in practice, the question often arises whether a person can refuse to undergo the MMC if he or she considers himself or herself unfit for service. We will discuss this legal aspect in this newsletter.

Is there an obligation under Ukrainian law to undergo the MMC?

An analysis of the provisions of the Law of Ukraine "On Military Duty and Military Service" shows that citizens who are assigned to military recruiting stations and those who are about to be assigned to them are obliged to undergo a mandatory medical examination to identify their physical and mental disabilities and to form an appropriate human reserve so that the state can mobilize the appropriate number of people in the future, taking into account the needs of the Armed Forces and the situation at the front. This also applies to citizens of Ukraine who are called up for military service by conscription of persons from among the reservists during a special period (martial law).

A similar obligation can also be found in subpara. 4, clause 1 of the Rules for Military Registration of Conscripts, Persons Liable for Military Service and Reservists.

Thus, the current legislation of Ukraine directly enshrines the obligation of Ukrainian citizens to undergo a military medical commission (MMC).

Are there any legal grounds for refusing to undergo a medical examination?

During the period of martial law, refusal to undergo a MMC is contrary to the norms of the current legislation, since the Order of the Ministry of Defense №402 of August 14, 2008 states that the main purpose of the MMC is to ensure the quality of conscription of Ukrainian citizens for regular military service in the Armed Forces by conducting a medical examination and establishing the current state of health of a person. Therefore, it is currently impossible to refuse to undergo the MMC.

What is the liability for refusing to undergo the MMC?

If a person has duly received a summons, reported to the Military Medical Commission and received a referral for a preliminary medical examination and then refused to comply with this instruction during the martial law in the country, he or she faces administrative liability in the form of a fine of UAH 3,400 to UAH 5,100 (part 2 of Article 210-1 of the Code of Administrative Offenses).

Do you still have questions about refusing to undergo a pre-trial investigation? In this case, you should definitely contact professional lawyers from the Prikhodko & Partners Law Firm.

Our specialists are well versed in the problematic aspects of military law in Ukraine, as they constantly apply it in practice and have many years of experience in this area of law. In addition, we always work for the result for our clients. So do not hesitate and come to us for a consultation!