Starting February 5, fines will be imposed: who must attend the medical examination soon, according to lawyers.

Ukrainian conscripts who were classified as partially fit for military service must undergo a re-examination by the military medical commission by February 4 due to the cancellation of the "partially fit" status in May 2024.

Re-examination for Partially Fit: When to Attend the Check-Up

According to representative of the Poltava TCC and SP Roman Istomin, military enlistment offices are not obligated to summon men for a re-examination.

"In this case, TCCs are not required to summon anyone (those partially fit for re-examination, — ed.) at all. All information regarding military service eligibility and the date of the commission is available in the 'Oberih' database," said Roman Istomin.

He noted that individuals who do not undergo the re-examination by February 4 risk facing a fine ranging from 17,000 to 25,500 hryvnias for violating military registration under Article 210-1 of the Code of Ukraine on Administrative Offenses. Istomin emphasized that this is not about the principle of "appearing upon summons," as the re-examination is mandated by law.

"The law states that individuals with limited fitness must undergo a re-examination within 9 months. It does not say that those with such status are obligated to undergo a medical examination. It states that they are subject to it," said Rostislav Kravets.

He pointed out that the re-examination for those partially fit should be organized by the TCC or military unit itself, as this applies not only to conscripts but also to servicemen. According to him, the opinion of the representative of the Poltava TCC is his personal view, which "in no way aligns with the legal requirements that clearly stipulate that such individuals are simply subject to re-examination, which does not impose an obligation on conscripts and servicemen to undergo it."

In turn, lawyer from the legal company "Riyako&Partners" Ekaterina Anischenko agrees with the words of Poltava TCC representative Istomin.

What Are the Penalties for Not Undergoing Re-examination?

Anischenko stated that Ukrainian conscripts who do not undergo the re-examination by February 4 will subsequently face a fine in the form of an administrative protocol. Specifically, this refers to the same penalty as for individuals who failed to update their military registration data by July 16 — a fine.

However, Kravets mentioned that there are no fines for not undergoing the re-examination in Ukraine.

"Article 210-1 of the CAO clearly states that the provision does not apply if the Ministry of Defense has appropriate access to state databases and registries. And they have such access," the lawyer reported.

He added that all fines issued today, except those related to the loss of military registration documents, are illegal.

"What the representative of the Poltava TCC says about imposing fines again highlights this representative's disregard for legislative norms. There is a need for law enforcement agencies to pay attention to the statements of this official, who is calling for legal violations," Rostislav Kravets is convinced.

He added that if a person is fined unlawfully, they can appeal to the court to overturn the penalty.

On January 9, the Verkhovna Rada approved in the first reading the draft law 12093 on improving mechanisms for holding individuals accountable for violations of military registration rules and legislation on defense, mobilization training, and mobilization. Thus, Ukrainians who have not clarified their data may receive a 50% discount on the fine for voluntarily admitting the violation.