The District Administrative Court in Kharkiv determined that if a person has already been declared unfit for military service by a medical commission, the Territorial Center for Recruitment and Social Support (TCC) has no legal grounds to demand a repeat military medical commission (MMC). This decision pertains to situations where a conscript has been discharged from service due to health reasons and is then re-registered for military service and required to undergo a new MMC.
This is reported by Finway
Legal Case Regarding the Registration of Conscripts
In 2025, a serviceman of the National Guard of Ukraine was discharged from service based on the conclusion of the MMC from a medical institution within the Ministry of Internal Affairs. After this, he was registered as a conscript at the local TCC. The man appealed to the TCC to be removed from military registration based on his unfitness for service. However, the TCC stated that the conclusion of the MMC from the Ministry of Internal Affairs was not grounds for such removal and insisted on a repeat medical commission at the TCC.
Judge Alla Shirant, reviewing case No. 520/29614/25, indicated that according to current legislation, the establishment of unfitness for military service is grounds for removal from military registration. Moreover, in 2024, the requirement to necessarily include a statement about removal from military registration in the MMC conclusion was removed from the legislation.
Court’s Position on Repeat MMC
The court emphasized that the conclusion of the MMC formed within the Ministry of Internal Affairs is valid evidence of a person’s health status and can be used to resolve issues regarding military registration. Legislation does not require undergoing an MMC exclusively within the Ministry of Defense for the removal of a conscript from registration.
“The court concluded that the TCC’s demand for a repeat MMC lacks proper legal grounds.”
Thus, the TCC’s refusal to remove the plaintiff from military registration is unlawful. The court ordered the TCC to remove the plaintiff from registration, issue the appropriate military registration document, and make changes to the Unified State Register of Conscripts, Military Obligated Persons, and Reservists.
It was also noted that current regulations contain certain contradictions regarding deferment and medical examination, which means that even Ukrainians with reservations can receive summons for an MMC. According to military ombudsman advisor Viktoriya Dvoretska, about one-third of the individuals brought to the TCC ultimately do not end up serving due to health reasons or the presence of legal grounds for discharge.