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Passing a military medical examination (MME) is critically important for military personnel in Ukraine. The results of the MMC determine fitness for service, ability to perform duties and physical fitness. Recent legislative changes, including the Law of Ukraine ‘On Military Duty and Military Service’ and the Law of Ukraine ‘On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilisation and Military Registration’, as well as other orders and resolutions, have necessitated the updating of the rules and procedures for the preliminary military qualification examination.
This article is aimed at explaining the new rules for passing the military hospital commission in Ukraine, as well as providing legal support in appealing against the decisions of the MHC. We invite you to use the services of our platform consultant.net.ua to obtain qualified legal assistance.
Legal framework
The main legal acts regulating the military qualification commission include the Law of Ukraine ‘On Military Duty and Military Service’, the Law of Ukraine ‘On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilisation and Military Registration’ and relevant orders of the Ministry of Defence of Ukraine. Recent changes to these documents have affected the procedure for undergoing the preliminary medical examination, the timing and compulsory nature of medical examinations for various categories of servicemen.
Categories of persons required to undergo a military medical examination
In accordance with the Law of Ukraine ‘On Military Duty and Military Service’, undergoing a military medical examination is mandatory for several categories of citizens and military personnel. This is defined in the following articles of the law:
- Conscripts: In accordance with Article 14 of the Law of Ukraine ‘On Military Duty and Military Service’, all male citizens of Ukraine who have reached the age of 17 are subject to registration with military commissariats. During registration, they undergo a military medical examination to determine their health status and fitness for military service.
- Contract servicemen: According to Article 20, persons who wish to enlist for military service on a contract basis must also undergo a military medical commission to determine their fitness for military service. This applies both to the initial enlistment and to the conclusion of a new contract after the end of the previous one.
- Servicemen: Servicemen and women who are on military service are obliged to undergo a military medical examination when necessary, for example, when transferring to another military position, or by a decision of the command to check their health status. This is regulated by Article 26.
- Reservists: Persons enrolled in the military reserve are also required to undergo a military medical examination. This is regulated by Article 28, which provides for a medical examination to assess the health of reservists and their fitness for duty.
- Persons resuming military service after a break: According to Article 27, persons returning to military service after a long period (e.g. after illness, training or dismissal) must undergo a military medical commission to assess their health and fitness for service.
The procedure for undergoing a military medical examination
Passing a military medical examination requires the preparation of certain documents, including a medical record, military ID card and other necessary certificates. The procedure includes several stages: from a general medical examination to specialised consultations. The rights and obligations of persons undergoing the pre-vetting examination are regulated by law.
Timeframe for undergoing a pre-employment medical examination
The frequency of medical examinations depends on the category of servicemen. For example, conscripts must undergo a pre-enlistment medical examination, while contract servicemen must undergo a pre-employment medical examination before signing a new contract or in case of changes in the conditions of service. In addition, it should be noted that the legislation provides for both the the terms of passing the MMC and the validity period of the MMC decision.
Cases of mandatory military qualification examination
- Conscription for regular military service.
- Enlistment for military service under a contract.
- Restoration to service after illness or injury.
- Transfer to another military position.
- Discharge from military service for health reasons.
Consequences of failing to undergo the MTE
Refusal to undergo a military hospital commission (MHC) has serious consequences, which are provided for by the new legislation of Ukraine. These consequences range from administrative measures to criminal liability, depending on the circumstances and the category of persons who refuse to undergo the MLC.
Procedure for appealing against the decision of the ILC
Question
How to appeal against the decision of the ILC?
Answer
You can appeal against the decision of the ILC out of court by submitting an application to a higher ILC or in court by applying to an administrative court.
Appeal against the decision of the military medical commission
If you do not agree with the decision of the MMC, you have the right to appeal it. An appeal against the decision of the military medical commission (MMC) is possible both in court and out of court. The lawyers and attorneys of our platform consultant.net.ua will explain to you the procedure for appealing the decision of the MEC, how to appeal the decision of the MEC, and prepare an application for appealing the decision of the MEC. Appealing the decision of the Military Medical Commission (MMC), appealing the decision of the VLK out of court, the procedure for appealing the MMC decision, application to appeal the MMC decision.
Out-of-court appeal procedure
In Ukraine, it is possible to appeal against the decision of the MEC out of court. The out-of-court procedure for appealing a decision of a MEC includes submitting an application for appeal to a higher military medical commission or to the command. The application should describe in detail the reasons for disagreement with the decision and provide supporting documents.
Judicial appeal procedure
If you are denied out of court, you can appeal to an administrative court. To do this, you need to draw up a statement of claim, which should detail all the circumstances of the case and provide evidence to support your position.
Time limits for passing and appealing against the ILC
The timeframe for passing the ILC and the timeframe for appealing against ILC decisions are determined by law. In particular, the decision of the ILC may be appealed within 10 days from the date of its receipt. As a rule, the validity of the decision of the ILC is one year, unless otherwise provided.
Conclusion
The new rules for undergoing a pre-employment medical examination in Ukraine require careful adherence to the procedures and timely medical examinations. If you are faced with an unfair decision of the MLC, use the services of our platform consultant.net.ua to get qualified legal assistance and appeal against the decision of the MLC out of court. In addition, our lawyers will help you deal with the following issues: appealing the decision of the MMC, how to appeal the MMC decision, appeal the MMC decision, MMC in an out-of-court procedure.
Expected changes in the legislation may further affect the process of passing the VLC. It is important to keep abreast of current regulations and their changes in order to respond to new requirements in a timely manner.
