Will it be possible to get a reservation or rebook after February 28, if you do not pass the VLK by February 5, the journalist of the Ukrainian BBC found out (Photo: Getty Images)
Conscripted men who were previously found to be of limited fitness have less than three weeks to pass a military medical examination (VLK). This must be done by February 5, otherwise problems will arise: fines, as well as the risk of not getting a reservation. Ilona Gromluk, a journalist of the BBC of Ukraine, understood the nuances of the deadline. NV publishes her material under the rights of information cooperation.
Lawyers on mobilization issues are now actively reminding about this. And the Cherkasy TCC said that they can issue a fine (and this is from 17 to 25.5 thousand hryvnias) the very next day.
But many men still have questions. Should they go to the VLK themselves or should the TCC send them a summons?
Will it be possible to get a reservation or rebook after February 28, if you do not pass the VLK?
We talked to lawyers and representatives of TCC and tried to figure it out.
Why pass the VLK right now?
In April 2024, the status was canceled in Ukraine «limited fit”. Those previously found to be of limited fitness had 9 months to undergo a repeat military medical examination.
February 4, 2025 is the last day to do so.
It is necessary to pass the VLK in order to update the status. Now only conscripts and military personnel can be «suitable” or “unsuitable”.
And what about those who have serious chronic diseases?
Such people are no longer considered to be of limited suitability, but “suitable for service in military support units, TSP and SP, higher military educational institutions and institutions.”
Basically, it’s just a new name for the status «limited fit”.
But this does not mean that everyone who was previously recognized as having limited fitness will become fit for security service.
Having abolished the concept of limited fitness, the Ministry of Defense updated the list of criteria by which the VLK assesses military personnel and conscripts, thereby relaxing the health requirements of potential recruits.
For example, if earlier men with cancer in remission were recognized as limited fit, now they are fully fit.
And with cancer of the lower lip, skin cancer and malignant neoplasms that are “slowly progressing”, they will be taken to serve in the TCC or support units.
A completely updated list of diseases can be seen herefor this you need to enter a diagnosis in the search bar and find changes for a specific disease.
If the summons to the VLK did not come
In peacetime, conscripts must pass the VLK once every 5 years, and in wartime – once a year. But in practice, few people do this – updating the VLK was not mandatory even during the data update campaign, which lasted in Ukraine from May 16 to July 16 last year.
Therefore, many men have VLC from ten years ago.
And this is a rather debatable question — whether they themselves should initiate the passage of the VLK, or whether the TCC should send them a summons to the commission.
Many legal companies have written on their public pages that it is the TCC that should send men a summons to pass the VLC. And if there was no such summons, then the person is not threatened with fines.
But other lawyers point to the final and transitional provisions of Act 3621, which abolished limited eligibility.
U provisions it is stated that “citizens of Ukraine, who were recognized as limited fit for military service before this law came into effect, within nine months from the day of its entry into force… are subject to a repeated medical examination” to determine fitness for military service.
Word «are subject to,” according to lawyers, means that men can initiate VLK themselves, applying to the TCC and not waiting for a summons.
BBC Ukraine sent inquiries to several regional TCCs to learn about their position.
Currently, the editorial office has received a response from the Rivne Regional TCC, where they explained that yes, a summons to the VLK can be sent, but if it is not sent, then the conscript can initiate the VLK independently.
The Chernihiv TCC of the Ukrainian Air Force explained that since the specific initiator of medical examinations has not been determined, the legislator «actually placed this duty both on the TCC and SP, as well as on the conscript”.
In a comment to the mass media, the Cherkasy TCC said that when they come across a person with limited suitability during document checks, they either issue him a summons to the VLC or recommend that he contact the TCC himself to get a referral.
Poltava TCC in your statement in social networks, he did not mention the subpoenas at all, but noted that men «it is necessary to apply to the TCC and SP at the place of residence with a corresponding application.”
Later, in a comment to VVS Ukraine, head of public relations service of the Poltava regional TCC, Roman Istomin, said that if employees of the military commissariat meet men on the street who are of limited fitness and do not have a deferment, they issue them a summons to the police station.
Istomin says that when men come to them at the VLK on their own initiative, they first of all accept those who do not have a deferment, because the first task of the TCC is “staffing the defense forces.”
That is, those who have been booked can be asked to undergo the VLK at later dates, since the TCC is primarily interested in conducting the VLK to those people who can be mobilized.
Taking advantage of the fact that the law is vaguely worded, you can file a lawsuit and appeal, for example, your fine for not passing the VLK, if the summons did not come.
But lawyer Anzhela Vasylevska advises to think twice before deciding on a legal process that can last several months.
«Yes, the judge can take the position that there was no summons to the VLK. But he may also ask why you did not turn to the TCC yourself? Where was your proactive action to fulfill your statutory duty?” – says the lawyer of BBC Ukraine.
And then, she adds, the decision may not be in your favor.
Will there be a fine if you don’t pass the VLK?
If a person does not pass the VLK by February 5, it will be considered a violation of the rules of military registration. This means a fine from 17 to 25.5 thousand hryvnias.
The other day, the TCC was reminded of this.
Spokesperson of the Cherkasy regional TCC Alina Kryvosheya statedthat a person can be held liable, i.e. fined «on the next day after the specified deadline”.
But in practice, it is unlikely to happen so quickly. In Ukraine, there is no “mass mailing” of fines, for example, through Reserve +.
«A fine of 17,000 to 25,500 hryvnias is the official interpretation,” Gennadiy Shpodarunok, head of the military accounting and booking department of the Rivne Regional TCC and SP, explained to BBC Ukraine.
«And the reality is this: the requirements to update your data through TCC, Reserve+ or TsNAP from May 16 to July 16 last year sounded exactly the same. Those who did not update their data should pay a fine. But let’s be honest – there are not even hundreds of thousands of such people, but millions, and there is no automatic imposition of fines on them.”
The same situation may be with VLK, according to the Rivne TCC.
Another important point is those who started to pass the VLK, but did not have time to pass all the doctors by February 5 (by law, the VLK should last no longer than 4 days, and in the case of additional examinations – no longer than 14 days, but in practice the commission is often delayed), fines will not be received.
Will they give a reservation if you do not pass the VLK
In fact, violators can expect worse consequences than a fine. Lawyers believe that those who do not pass the VLK by February 5 will not be able to get reservations.
And those who already have a reservation will not be able to re-book after February 28. This is the deadline for businesses to reconfirm their criticality status in order to rebook their workers. Now in Ukraine, all men have a reservation until February 28 at most.
The situation with reservations and VLK is very confusing.
Many law offices point out that Resolution of the CMU 560 prohibits sending those who have a deferral to the VLK.
At the same time, the law on the cancellation of limited fitness, which states that VLK «are subject to” limited servicemen and conscripts, no exceptions are provided. It is not written there that all those with limited fitness, except for reserved ones, must pass the VLK.
As writes in her legal blog, lawyer Darya Tarasenko, the resolution of the CMU and the law contradict each other, “but the law has the highest legal force.”
Therefore, the majority of lawyers agree that reserved persons with limited fitness must also pass the VLC, and if the resolution prohibits the TCC from sending them subpoenas, then they must definitely initiate the passage of the commission on their own.
Can the reservation be canceled if I do not pass the VLK by February 5?
There is no such reason in the order of reservation of conscripts for the period of mobilization and for wartime.
But the reservation may not be given again after February 28, if the person has not clarified his data or is wanted.
From December 1, reservations in Ukraine are made exclusively in “Dia”. And if «Action” will see that a mark has appeared in Reserve+ «wanted” or about a data breach – a person will be automatically denied a reservation.
Moreover, says lawyer Angela Vasilevska, if the mark appears, the company will not even technically be able to put the person on the reservation list.
But will there really be signs of a violation or search after February 5?
TCC do not know anything about this.
«I can’t answer, this is a question for the developers of Rezerv+,” says Gennadiy Shpodarunok from the Rivne Regional TCC.
Not everyone who has not updated their data has a mark in Reserve+ for violating the rules of military registration, the Military Committee says.
Shpodarunok explains that the TCC does not put “Oberig” in the register with its own hands (data from which Reserve+) shows that a person committed a violation because he did not pass the VLK by a specific date.
But Reserve+ may be tied to dates and will automatically post after February 5 «“violations” are limited to the eligible ones, which will not have a record of VLK.
The Ukrainian Air Force asked the Ministry of Defense how Reserve+ would react to the untimely passing of the VLK, but has not yet received an answer.
As of January 13, the BBC of Ukraine was informed by the Chernihiv Regional TCC that no information had been received about possible entries in Reserve+ regarding untimely passing of the VLC.
The Military Commissariat says that they have no information on whether they will rebook those who did not pass the VLK by February 5.
Roman Istomin from the Poltava regional TCC tells BBC Ukraine that the military commissariat does not know anything about this, since after the transfer of the reservation procedure to Diya, the military commissariat actually does not influence this process.
So what to do booked
In the conditions of uncertainty, the reserved limited fit have two options – or go through the VLK «just in case,” or do nothing and risk losing your reservation if Reserve+ does decide to flag them as a violation.
Another possible option — if after February 5th, a mark of violation appears in Reserve+, the man could pay a fine and pass the VLK until February 28th, while he still has a reservation. And then apply for rebooking without violating the rules of military registration.
But in order to pay the fine, says lawyer Anzhela Vasylevska, one must first receive a resolution on violation from the TCC.
Sometimes it can be done without problems.
But in the practice of the lawyer, there have been many cases when the decision was not issued even after a lawyer’s request, and in such a case it is possible to cancel or obtain it only through the court.
This means months of waiting for a conscript – during this time he will have long since lost his armor and the TCC will be able to send him a combat summons quite legally.
Therefore, Vasylevska does not recommend taking such risks.
It’s worth remembering, she says, that reservation is “the most vulnerable form of deferment,” and a person who wants to claim it must in any case have «perfect military accounting”.
