Employees did not pass the Military Medical Commission: can the Territorial Recruitment Center fine the company director

The Territorial Recruitment Center (TRC) has no right to fine the company director for employees not passing the military medical commission if the director timely fulfilled the duty to notify them. According to court decision No. 183/9225/25, imposing a fine before the deadline set by the TRC for the arrival of conscripts is illegal.

Case circumstances

During the inspection of personal military registration lists and military registration documents, the TRC found that the responsible person allegedly did not ensure compliance with the requirements of paragraphs 8, 10, 15, and 16 of clause 34 of the Procedure for organizing and maintaining military registration of conscripts, conscripts liable for military service, and reservists, approved by the Cabinet of Ministers resolution dated December 30, 2022, No. 1487.

In particular, the TRC noted that for certain conscripted employees:

• the deadlines for undergoing the regular medical examination were not met;
• the director did not issue orders to send employees to the TRC for medical examinations and replacement of military registration documents;
• the management did not control the deadlines for passing the Military Medical Commission (MMC). As an example, an employee was cited who last passed the MMC on February 20, 2020.

The court noted that the obligation of company leaders to ensure military registration of employees is provided by the Law of Ukraine "On Military Duty and Military Service" No. 2232-XII and Procedure No. 1487.

What the court established

As established by the court, on August 4, 2025, the company received an order from the TRC by email to notify employees about their arrival at the TRC for clarification of military registration data and passing the MMC. The deadline for arrival was set from August 4 to August 29, 2025.

On the same day, the director issued the corresponding order to notify employees. All conscripted employees, including the employee cited by the TRC as an example, acknowledged the order with their personal signatures.

The court concluded that the director fully fulfilled his duty to notify employees as provided by Article 38 of Law No. 2232.

The decisive argument for canceling the ruling was the date the fine was imposed. The TRC issued the ruling to hold the director liable on August 29, 2025 — the last day of the deadline it set for employees to arrive at the territorial recruitment center.

The court noted that at the time of the administrative case review and ruling issuance, the deadline given to employees to comply with the TRC order had not yet expired. Therefore, the conclusion that the director did not issue the necessary orders and did not send employees to pass the MMC was premature and unfounded.

The court also noted that the employer's obligation to send employees to the TRC arises only after receiving the relevant order. If the director timely issued the notification order and ensured employees acknowledged it by signature, responsibility for further failure to appear or pass the military medical commission lies directly with the conscripted employees, not the employer.

As previously reported by Judicial and Legal Newspaper, the Dnipropetrovsk District Administrative Court recognized as unlawful and canceled the TRC order regarding the mobilization of an employee of a defense industry enterprise who had valid reservation and deferment from mobilization at the time of conscription. In case No. 160/2020/26, the court concluded that a person who had a valid deferment from mobilization due to reservation at the time of conscription was not subject to military service conscription, and the TRC order in this part is illegal.