New deferment instead of the old one: is it necessary to appear at the TCC and undergo the VLK

Ukrainian conscripts can change the basis for granting a deferment from mobilization without the risk of temporarily losing its effect. At the same time, current legislation defines in which cases a person can be sent to the Military Medical Commission (VLK), and whether it is necessary to appear at the Territorial Recruitment and Social Support Center (TCC and SS) after receiving a summons.

According to the Ministry of Defense, if a conscript has a valid deferment but has obtained the right to it on another basis, the previous deferment remains in effect until a decision is made on the new application. In case of a positive decision, the new basis automatically replaces the previous one. If the new deferment is denied, the current deferment remains valid until its expiration.

An application for a new deferment can be submitted through the Administrative Services Center (CNAP). It is reviewed within seven working days, or up to 15 working days if additional checks are required.

Separately, the legislation defines the procedure for undergoing the Military Medical Commission. According to paragraph 63 of the Procedure for conscription of citizens for military service during mobilization, for a special period, approved by the Cabinet of Ministers of Ukraine resolution No. 560 dated May 16, 2024, persons who have a valid deferment or have submitted documents for its issuance are not sent to the VLK.

At the same time, a conscript may voluntarily obtain a referral for undergoing the VLK through the "Reserve+" application.

An exception applies to citizens who were previously recognized as limitedly fit for military service. This category of conscripts is subject to repeated VLK examination even if they have a deferment. Lawyers emphasize that the status "limitedly fit" should not be confused with fitness for service in support units — these are different legal categories.

Also, having a deferment does not exempt a conscript from the obligation to appear at the TCC and SS upon receiving a summons. Even if the document states that the person is called to undergo the VLK, lawyers recommend arriving at the territorial center and referring to the requirements of paragraph 63 of Cabinet of Ministers resolution No. 560, which prohibits sending persons with a valid deferment or those who have applied for one to the Military Medical Commission.

The legal grounds are regulated by the Law of Ukraine "On Mobilization Preparation and Mobilization," as well as the Procedure for conscription of citizens for military service during mobilization, for a special period, approved by Cabinet of Ministers of Ukraine resolution No. 560 dated May 16, 2024.

As previously reported by the "Judicial and Legal Newspaper", reorganization of a college, technical school, or university does not automatically mean loss of the right to deferment from mobilization. However, during the change of the institution’s status and the registration of student transfers, technical nuances may arise, due to which the deferment may temporarily not be reflected. The decisive factor in such a situation is how the documents are processed and what study status is entered into the Unified State Electronic Database on Education (USEDE).