Servicemen can be removed or excluded from military registration, but during general mobilization they can receive a summons and even be drafted.

Vladyslav Zaitsev, volunteer lawyer of the APU Hotline on issues related to military aggression, its consequences and martial law, emphasized this in a comment to ZN.ua.

He reminded that Ukraine is under martial law and general mobilization, so all men aged 18 to 60 are considered conscripts and can receive a summons and be mobilized.

According to him, this also applies to persons who have been removed or excluded from military registration. 

"A summons can be served both to a person who has been removed from military registration and one who has been excluded from military registration.

The fact is that when issuing a summons, the authorized persons do not establish the presence or absence of the fact of postponement of the draft, this is done by the TCC," explained the lawyer.

Vladyslav Zaitsev noted that Article 23 of the Law of Ukraine on Mobilization Training and Mobilization contains a list of persons who have the right to deferment, but men removed from military registration do not fall under any of the categories specified in the article.

"When deciding on the issue of conscription of such persons for military service, the following should be kept in mind.

The law does not include among the categories of persons who are not subject to conscription for military service during mobilization, those removed from the military register.

Therefore, such persons can be called up for military service on the condition of passing a medical examination," said Vladyslav Zaitsev.

Excluded from military registration, the lawyer emphasized, also do not fall under the category of those who have a deferment, but in this case, it is necessary to pay attention to the basis of which they were excluded from registration.

As the lawyer explained, if a soldier was dismissed from service on the basis of the conclusion of the VLK about his unfitness for military service with exclusion from military registration, his further mobilization is excluded, since Article 23 of the Law provides for a postponement for those excluded from military registration due to health conditions by the decision of the VLK.

Persons who were excluded from military registration due to their unfitness for military service are summoned to the TCC and undergo the VLK.

Establishment as a result of passing the VLK of suitability or limited suitability for service may result in the subsequent conscription for military service.

We will remind, during martial law, conscripts can receive summonses.

They are of different types.

Read also:

  • Mobilization in Ukraine: when students lose the right to postponement

  • Mobilization in Ukraine: which diseases cannot be conscripted into the army

  • Delivery of summonses: can conscripts be mobilized outside of their place of residence?