The Supreme Court clarified the limits of liability for evasion of mobilization in case of violations of the VLK procedure

The Supreme Court, as part of the Criminal Court of Cassation, formulated an important legal position on the application of Article 336 of the Criminal Code of Ukraine in cases where a person’s fitness for military service was determined in violation of the procedure of the military medical commission (MMC).

In case No. 537/2092/24, the Court considered a situation where a person was convicted of evading mobilization after refusing to receive a summons and failing to appear at the muster point. At the same time, the administrative court later canceled the MMC’s conclusion on fitness for service due to violation of the established medical examination procedure.

The Supreme Court concluded that the cancellation of the MMC’s decision means its invalidity from the moment of its adoption, and therefore affects the legal status of the person at the time of the incriminated actions. This excludes the presence of a proper subject of the crime provided for in Article 336 of the Criminal Code of Ukraine.

The Court emphasized that only citizens recognized as fit for military service in accordance with the procedure established by law are subject to mobilization. In case of violation of the procedure for determining suitability, such decisions cannot be grounds for criminal liability.

It is separately stated that decisions of administrative courts on the illegality of the conclusions of the Medical Examination Committee have a preliminary significance for criminal proceedings and must be taken into account by the courts when considering cases.

The resolution actually establishes the approach according to which violations of the medical examination procedure and the illegality of the decisions of the Medical Examination Committee may exclude the crime of evading mobilization, if this is established by the court in due course.

This decision also emphasizes the importance of observing the law in the work of military medical commissions and the Military Medical Commission, as well as the need for timely appeal of their decisions in the administrative court as a key legal mechanism for protecting citizens’ rights.