Recruitment of people with disabilities of the 3rd group
According to the new law on mobilization, persons with all categories of disabilities cannot be called up for military service during martial law. However, some men with disabilities are subject to repeated medical examinations. In this article, we will consider who can be mobilized and under what conditions, as well as the importance of involving a military lawyer in such situations.
Can a person with a disability of 3 groups be called up for military service
According to the new legislation, the mobilization of persons with disabilities of groups 1, 2 and 3 is possible only on a voluntary basis, they are given the right to be exempted from military service. However, they may enter into contract service if they so desire. Mobilization of persons with disabilities of the III group is not carried out (according to Article 23).
Meanwhile, persons who were diagnosed with disability after February 24, 2022 must undergo a repeat medical examination. They do not need a second medical commission, if their disability was established as a result of promotion or reduction of the group, as a result of diseases, injuries received during the defense of the Fatherland, or in the absence of limbs or as a result of oncological, intellectual or mental disorders, cerebral palsy or paralytic syndromes, which appeared since childhood. The Ministry of Defense explains this decision by the need to exclude cases of mass application after the specified date for the purpose of obtaining disability.
Grounds for establishing the III group of disability
The reasons for determining the third group of disabilities are persistent functional impairments in the body, which are moderately severe and caused by disease, injury or congenital defect. These violations lead to a moderate limitation of human activity and working capacity.
In order to receive disability of the third group, in addition to violations of body functions, a conscript must have a specific disease from the established list of diseases.
If there are appropriate grounds for establishing the third group of disabilities, a person can apply to the medical and social expert commission (MSEK) at the place of residence or treatment.
Next, it is important to apply to the Territorial Recruitment Center (TCC) and Social Security (SP) with an application for a deferral and to present documents confirming disability, such as a pension certificate of a disabled person or a certificate from the Ministry of Health and Welfare.
Which of the family members with disabilities is not subject to mobilization
Persons who are not subject to mobilization according to the new legislation:
- those whose wife or husband has a disability of the I or II group;
- those whose wife or husband has a disability of the III group, which was established due to the absence of limbs, hands or feet, oncological disease, mental or mental disabilities, or has a minor child;
- those who support one of the parents with a disability of the I or II group, or the father or mother of the wife (husband) with a disability of the I or II group, if there are no other persons who can do it and are not conscripted;
- family members of the second degree of kinship of a person with a disability of the I or II group, who are engaged in constant care for him;
- the guardian of a person recognized by the court as incompetent.
Analysis of the situation from a legal point of view
Conducting a legal analysis is a key step in protecting your rights. The lawyer analyzes in detail all documents, contracts and other materials of the case, which allows to identify possible violations on the part of TCC representatives and to develop optimal strategies to protect your interests.
The role of a lawyer in the mobilization of persons with disabilities
Legal support of persons with disabilities who are being mobilized includes consultations on rights and obligations, study of documents and preparation for commissions. The lawyer provides advice on preparing evidence of medical necessity and protects the client's interests at various stages of the process.
If you need a postponement due to disability, we advise you to contact experienced lawyers at consultant.net.ua. Our specialists have extensive experience in such cases and are ready to provide the necessary legal assistance to protect your rights and interests. When ordering legal assistance, you can count on a professional approach and high quality legal assistance.
Under the new legislation, persons with all categories of disabilities are exempt from military service during martial law, with the exception of disabled men who can pass a medical examination. Persons with disabilities of the III group are not subject to mobilization. For persons diagnosed with disability after February 24, 2022, a repeat medical examination is required. Conducting a legal analysis is important for the protection of the rights of the disabled. The role of a lawyer includes consultations, preparation of documents and protection of clients' interests. Fine for failure to appear at the military commissariat, summons to the military commissariat by phone, summons to the military commissariat, hiding from the military commissariat, complaint to the military commissariat, military commissariat.
