A representative of the TCC testified in court that during the examination, the plaintiff did not report any health issues, and did not appeal the decision of the VVK in the manner prescribed by law.
Medical examination of conscripts / © TSN.ua
The Lviv District Administrative Court refused to satisfy the lawsuit of a man who demanded to recognize the actions of the territorial center of recruitment and social support as illegal due to the allegedly improper conduct of the military medical commission before mobilization.
This was reported by the publication “Judicial and Legal Newspaper”.
After being drafted, the man was found to have a tumor formation in his right kidney, which led him to insist on canceling the mobilization decision and conducting a repeat medical examination.
Tumor found after mobilization
The plaintiff claimed that after being taken to the TCC, he was actually forcibly sent for a military medical commission examination, which, in his opinion, took place without proper medical examination and consideration of his actual health status.
Already after mobilization, on March 1, 2026, the results of a multispiral computed tomography revealed a tumor formation in his right kidney. The man believed that the disease existed at the time of the VVK examination in November 2025, but the doctors did not detect it.
TCC: no health complaints
Representatives of the territorial center of recruitment objected to the lawsuit. They emphasized that on November 14, 2025, an ad hoc standing VVK examined the plaintiff and established the diagnosis: “General examination and assessment of individuals in the absence of complaints or a diagnosed condition. Healthy.”
Based on the commission’s conclusion, the man was declared fit for military service and mobilized.
The defendant also noted that during the examination, the plaintiff did not report any health problems, and did not appeal the VVK’s decision in the manner prescribed by law.
VVK decision remained valid
During the court hearing, it was established that the referral for medical examination was issued in accordance with current legislation, and no violations were found in the organization of the military medical commission’s work.
The court noted that only after appealing to the court did the plaintiff’s representative file a complaint with the regional VVK, but the case materials did not contain information about the results of its review.
In addition, the commission’s decision on the man’s fitness for military service remained valid and was not canceled or reviewed.
The court emphasized that the issues of the correctness of diagnoses and the application of the Schedule of Diseases fall within the competence of medical professionals, not administrative courts.
The decision took into account the legal position of the Supreme Court, according to which courts cannot substitute themselves for military medical commission doctors and evaluate professional medical conclusions.
It was also noted that it is the regional VVK or the Central Military Medical Commission that have the authority to review the legality of decisions made by ad hoc commissions, to cancel them, or to order repeat examinations.
Lawsuit fully dismissed
Given that the plaintiff did not complete the procedure for administrative appeal of the VVK’s findings, and the decision on his fitness remained valid, the court found the claims for cancellation of mobilization and repeated medical examination to be unfounded.
Following the consideration of case No. 380/3112/26, the Lviv District Administrative Court refused to satisfy the lawsuit in its entirety. Court costs will not be reimbursed to the parties, as all claims were dismissed.
Recall that earlier, lawyer Oleg Mytsyk stated that errors in the work of military medical commissions often occur in Ukraine, leading to people with serious health problems allegedly entering service.
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