Should persons with disabilities undergo a medical examination and carry a military document - legal assistance
The adoption of the new law on mobilization made significant changes to the procedure of conscription, passing the military medical commission, and also introduced electronic offices for conscripts and basic military training instead of conscription. These changes also affected persons with disabilities. In our article, we will consider in detail what innovations are provided for persons with disabilities according to the new law.
Update of registration data of conscripts with disabilities
The main change in the legislation on mobilization is the requirement for all conscripts between the ages of 18 and 60 to update their military registration data by July 16, 2024. Exceptions are persons who have the status of "unfit for service with exclusion from military registration" due to lifelong disability. Thus, all other categories, including persons with disabilities, are required to update their information through the "Reserve+" application or by visiting the National Register of Citizens' Center or TCC. Failure to comply with this requirement entails a fine in the amount of UAH 17,000 to UAH 25,500.
Are persons with disabilities required to carry military registration documents?
The updated law on mobilization changed the requirements for carrying military registration documents. Now even persons who have been declared unfit for military service and excluded from military registration must have military registration documents with them. Relevant information about exclusion from registration will be included in the documents, which will allow employees of the TCC, the police or the DPS to check the status of the person.
From June 18, it was also possible to create an electronic version of the military registration document through the "Reserve+" application, which has the same legal force as the paper version. The electronic military ID will contain a QR code for instant access to information about the status of a citizen in the Oberig registers.
Thus, paper documents are not mandatory, it is enough to have an electronic version. However, the absence of documents or the refusal to present them may lead to administrative liability with a fine from UAH 17,000 to UAH 25,500 and forced delivery to the TCC.
Recommission on Disability 2024: who should undergo a second medical examination
The new law on mobilization introduced a review of the validity of the decisions of medical and social expert commissions (MSEK) regarding the establishment of group II and III disability for men aged 25-55, if the disability was established after February 24, 2022 . However, men of this age, who first received disability after the specified date, do not need to independently appear for a revision of the MSEK; the referral for passing the military medical commission (MMC) will be sent through the electronic office.
Persons who have been diagnosed with a disability are not subject to a repeated medical examination:
- in ascending or descending group order;
- as a result of injuries received during the defense of Ukraine;
- due to loss of limbs or paired organs;
- due to cancer;
- due to intellectual disabilities or mental disorders;
- due to cerebral palsy or other paralytic syndromes or disability since childhood.
The obligation to undergo a repeated medical examination for the purpose of determining fitness for military service extends to persons who have been recognized as having limited fitness. These individuals must undergo an examination by February 4, 2025, within 9 months of the entry into force of Law 3621-IX.
Services of lawyers on disability issues in Kyiv
Disability lawyers in Kyiv provide comprehensive assistance in resolving legal aspects related to disability. They offer consultations on rights and obligations, draw up the necessary documents, accompany in the procedures of MSEK and court cases, help in obtaining benefits and compensations, as well as prepare for medical examinations.
Analysis of the situation from a legal point of view
From a legal point of view, persons with disabilities are not required to undergo a re-examination if the disability was established due to a serious injury or illness prescribed by law. At the same time, persons with disabilities who do not have lifelong disabilities must carry military documents or their electronic versions through the "Reserve+" application, since the absence of such documents may lead to administrative liability. Therefore, it is important to comply with the requirements of the new legislative norms in order to avoid fines and other negative consequences.
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The update of the legislation on mobilization made significant changes to the process of conscription and the duties of conscripts, in particular, persons with disabilities. Under the new requirements, all conscripts between the ages of 18 and 60 must update their military records by July 16, 2024, with the exception of those with lifelong disabilities. Carrying military registration documents became mandatory even for those who were excluded from registration, and the electronic version of the military ticket through the "Reserve+" application has the same legal force as the paper one. Cooperation with qualified lawyers helps persons with disabilities correctly comply with the new requirements of the law regarding passing medical examinations and carrying military documents. This ensures maximum protection of their rights, reduces the risk of administrative sanctions and increases the chances of successful resolution of any legal issues arising in connection with the performance of these duties.
