VLK in case of postponement is not required
Some categories of men conscripted for military service can receive a deferment from mobilization without the mandatory passing of a military medical commission (MMC), if their state of health is known in advance and documented. We will consider whether in all cases it is necessary to go through this commission in order to receive a deferral.
Is it necessary to pass the VLK to receive a deferment?
The legal justification for the refusal of the TCC and SP to grant a deferment from conscription due to non-compliance with the VLK is illegal, as shown by the decision of the Zaporizhia District Administrative Court in case 280/8404/23. The court recognized that such a refusal contradicts the requirements of the law and cannot serve as a basis for refusing to grant a delay to the plaintiff during mobilization. Thus, according to this court decision, passing the VLK to receive a deferment is not mandatory.
Refusal to grant adjournment
Clause 63 of the Procedure now clearly defines the conditions when it is prohibited to send to VLK, and the next paragraph establishes when it can be done:
"If the commission refused to grant a deferment to a conscript who must be called up for military service during mobilization, he is sent for a medical examination to determine his fitness for military service."
Therefore, only in the case of an official refusal to grant a deferment, you can be referred to the VLK. Therefore, if you are entitled to a deferral, you must submit documents confirming this right.
All grounds for granting a postponement are defined in Article 23 of the Law "On Mobilization Training and Mobilization".
The procedure for obtaining a postponement
Previously, we considered in detail the process of obtaining a postponement from mobilization. First of all, it is necessary to have a reason for obtaining a deferral, such as poor health, the status of a single or multiple parent, or guardianship of disabled parents.
The following steps must be followed when applying for a deferral:
- make a substantiated statement;
- collect and notarize all the necessary documents confirming the right to receive a deferral;
- register an application with documents at the Territorial Commission for Consultations and Social Protection (TCC) and the Conscription Service (SP);
- refrain from passing the military medical commission (MMC) until the moment of registration of the application with documents.
Conscripts who have a deferment
Conscripts who have a valid postponement of conscription for military service during mobilization and its term has not yet expired are not sent for a medical examination, except for cases when they are accepted for military service under a contract.
Legal analysis of the situation - postponement of mobilization
The legal analysis of the situation includes a careful consideration of the legislative norms and rules governing the specific situation. In this case, that means analyzing the legislation that deals with the granting of deferments from conscription during mobilization. This includes consideration of the articles of the law "On Mobilization Training and Mobilization", determining the conditions and grounds for obtaining a deferment, as well as the legal consequences of refusing to grant a deferment.
The importance of legal support in case of refusal to grant a postponement
The importance of legal support in case of refusal to grant a postponement is that consulting a lawyer allows you to get professional advice on the legal aspects of the case. A lawyer's consultation helps to understand the possibilities and prospects of legal protection in a specific situation. The cost of legal services and the price of consultation depend on the complexity of the case and the qualification of the lawyer. Legal assistance includes a legal analysis of the situation, which allows you to effectively defend your rights and interests in court or before military authorities.
In some cases, conscripted men can receive a postponement from mobilization without the mandatory passing of a military medical commission (MMC), if their state of health is known in advance and documented. The refusal of territorial commissions for consultations and social protection to grant a postponement due to non-fulfilment of the VLC is unlawful according to the decision of the Zaporizhzhia District Administrative Court in case 280/8404/23. It is not necessary to pass the VLC to obtain a deferment, if the relevant documents confirming the right to deferment are presented in the appropriate manner to the TCC and SP, in accordance with Article 23 of the Law "On Mobilization Training and Mobilization". The importance of legal aid is to provide professional legal protection and consultation with a lawyer, which helps to effectively defend interests in court and before military authorities. Escort at the territorial recruitment and social support center, fine for failure to appear at the military commissariat, complaint to the military commissariat, hiding from the military commissariat, summons to the military commissariat, military commissariat.
