DEFERMENT FROM MOBILIZATION DUE TO HEALTH

DEFERMENT FROM MOBILIZATION DUE TO HEALTH - ASSISTANCE OF A LAWYER

On May 18, a new law on mobilization entered into force in Ukraine. Order of the Ministry of Defense of Ukraine No. 262 of April 27, 2024 "On Approval of Amendments to the Regulation on Military Medical Examination in the Armed Forces of Ukraine" defines a list of diseases that are grounds for declaring a person unfit for service and exemption from mobilization.

In this article, we will tell you what diseases are not mobilized during martial law.

Infectious and parasitic diseases, which are grounds for exemption from mobilization

Persons diagnosed with:

• active progressive tuberculosis with lung tissue damage;
• active progressive tuberculosis of other organs (not lungs);
• severe forms of viral hepatitis with significant violations of body functions that are difficult to treat;
• HIV with stage IV immune decompensation,

are recognized as completely unfit for military service.

Sexually transmitted infections (syphilis, gonorrhea, chlamydia, trichomoniasis, and others) are grounds for temporary unfitness with the need for treatment, according to the decision of the VLK.

In the case of detection of other infectious and parasitic diseases, the VLK may declare a conscript to be of limited fitness or postpone his mobilization until treatment is completed.

New formation, which is the basis for exemption from mobilization

Oncological diseases can be the basis for declaring a person unfit for service only in severe cases, when significant violations of body functions are observed:

• malignant neoplasms with metastases or inoperable conditions;
• oncological diseases of lymphoid tissue, blood and related tissues with significant changes in blood composition (lymphogranulomatosis, myeloma, leukemia, myelodysplastic syndrome, etc.), which are progressing;
• benign tumors of any localization, causing significant violations of body functions

After surgical treatment, cytostatic or radiation therapy for neoplasms, conscripts are declared temporarily unfit, require treatment and leave, or are released from official duties.

Persons with neoplasms (malignant or benign), who are in a stage of long-term stable remission after specific treatment, are recognized as fit for service during martial law.

Mental and behavioral disorders that are grounds for release from mobilization

A conscript is considered unfit for military service with exclusion from military registration, if he is diagnosed with severe or moderately severe persistent mental disorders, such as:

• all forms of dementia and organic amnestic syndrome;
• mental, personality and behavioral disorders caused by brain damage or somatic disease;
• addiction syndrome with sharp and persistent mental disorders due to the use of psychoactive substances (alcohol, drugs, medications);
• endogenous psychoses with frequent relapses (schizophrenia, chronic delusional disorders, episodic manic disorders, affective mood disorders);
• neurotic conditions associated with stress (phobias, obsessive-compulsive, adaptation and somatoform disorders, neurasthenia, reactions to severe stress, depression, psychogenic deafness);
• pronounced behavioral syndromes, personality and emotional disorders (related to eating disorders, non-addictive substance abuse);
• behavioral and emotional disorders in adolescence (hyperkinetic, social, emotional, unspecified mental disorders);
• personality and behavioral disorders in adulthood (paranoid, schizoid, dissocial, emotionally unstable, hysterical, and others);

Diseases of the digestive organs that exempt from mobilization

During martial law, conscripts with serious diseases of the gastrointestinal tract, which significantly disrupt body functions, are not subject to mobilization, in particular:

• maxillofacial abnormalities (other than congenital), including those affecting breathing, smell, chewing, swallowing, and speech;
• diseases of the esophagus, stomach, duodenum and appendix (for example, esophagitis, gastritis, gastroesophageal reflux disease);
• non-infectious enteritis and colitis (for example, Crohn's disease, ulcerative colitis);
• other intestinal and peritoneum diseases (for example, intestinal obstruction, irritable bowel syndrome, peritonitis);
• ulcer disease of the stomach and duodenum;
• liver disease (for example, alcoholic disease, cirrhosis);
• diseases of the gall bladder, biliary tract and pancreas (for example, cholecystitis, pancreatitis);
• all types of abdominal hernias (inguinal, femoral, umbilical, etc.).

Injuries, poisoning and the consequences of exposure to external factors, which are grounds for exemption from mobilization.

The grounds for recognizing complete unfitness for military service are the consequences of exposure to external traumatic factors with serious violations of body functions:

• any injuries (fractures, concussions, crushing, contusions, presence of foreign bodies, hemorrhages, ruptures, swellings, polytraumas);
• thermal and chemical burns, frostbite, heat stroke;
• barotrauma, caisson disease, asphyxia;
• injury by lightning, electric current;
• influence of ionizing radiation, rocket fuel components, electromagnetic field sources, laser radiation;
• toxic effect of microorganisms of I-II groups of pathogenicity;
• poisoning with drugs or chemicals for non-medical purposes (gases, smoke, vapors, pesticides, food products, toxins from animal bites, reptiles, insects).

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