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Repeated passing of MMC

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Ланткевич Кирило
Ланткевич Кирило
Lawyer
Ukraine / Dnepropetrovsk region

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Publication date: 16.09.2024

I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.

The Military Medical Commission (MMC) is a body that conducts medical evaluations of citizens to determine their suitability for military service or other mandatory military formations.The main functions and aspects of the MMC activity include.

The main functions of MMC:

  • The military medical commission assesses the state of health of citizens to determine their fitness or unfitness for military service. This can include a person's physical, mental and general medical condition.
     
  • Conducts medical examinations to determine the presence of diseases or physical defects that may affect the ability to perform military duties.
     
  • Defines categories of suitability such as "suitable", "suitable with minor limitations", "unsuitable" or other specific categories depending on the level of limitation or disability.
     
  • Based on the medical examination, the commission may make recommendations regarding special conditions of service or restrictions that may apply to the person undergoing the medical examination.
     
  • Issues relevant medical documents and certificates that confirm the medical status of a person, for example, a certificate of fitness for military service.

Question

What is the term of validity of the conclusions of the MMC?

Answer

According to clause 3.8 of the order of the Ministry of Health No. 402, the conclusion of the MMC has a validity period of 6 months. This means that the medical opinion remains valid for 6 months from the moment of its issuance. The resolution of the MMC on the degree of fitness for military service is valid for 12 months from the moment of the medical examination. This means that the results of the review can be used to determine eligibility throughout the year.

Repeated passing of MMC

A serviceman may be sent to re-pass the MMC after injury or treatment to assess further fitness for duty. This is necessary to update health data and determine the possibility of continuing the service. If the serviceman's health deteriorates, he has the right to submit a report for passing the medical examination earlier than the term specified in the initial opinion. This makes it possible to conduct a new medical examination and make the necessary adjustments to the state of health.

  1. A serviceman may be sent to re-pass the MMC by decision of the commander of the military unit, medical personnel or at his own request, if his state of health has changed.
     
  2. Re-passing the MMC ensures the updating of medical data, which is important for an adequate assessment of a person's ability to perform official duties.
     
  3. The term of validity of the conclusions of the MMC and the conditions for re-examination are regulated by the orders of the Ministry of Health and other regulatory and legal acts. The main document regulating these issues is Order No. 402 of the Ministry of Health.
     
  4. The legislation does not specify a specific number of MMC passes. It depends on the individual circumstances of each serviceman, his state of health and the need for a medical examination.
     
  5. A military serviceman has the right to submit a report on the necessity of re-passing the MMC in case of deterioration of health, which is confirmed by medical documents.
     
  6. In case of disagreement with the conclusions of the MMC, the serviceman can appeal the decision to a higher medical authority or in court proceedings.

The procedure for submitting a report to the MMC

  • Preparation of the report: The report should be made in writing. It must clearly state the reason for the referral (for example, deterioration of health, need for re-examination after treatment or injury). In the report, indicate personal data, the date of submission, details about the state of health, available medical reports (if any) and justification of the need for repeated MMC.
     
  • Number of copies: Make the report in two copies. One copy is given to the commander of the military unit, and the other remains with you. When submitting the report, be sure to register the second copy in the commander's office or the relevant official body to record the date and number. This confirmation is important for further tracking of the status of your report.
     
  • Actions in case of refusal: If the commander refuses to accept the report, this should be recorded. In this case, you can send the report by registered mail with a request for confirmation of receipt. At the post office, you can submit the report as a registered letter with a description of the attachment and a request for confirmation of receipt. Once you receive the delivery confirmation, keep it as proof that your report was sent and received.
     
  • Medical certificates: Attach copies of all medical documents that confirm your deterioration or the need for a re-examination. If you have already undergone MMC before, attach copies of previous findings or other relevant medical documents. If there are other documents that support your situation (for example, a treatment report), add them to the report as well.

Question

What should be taken into account when passing a repeated MMC?

Answer

Always keep copies of all documents and reports you submit. This will ensure you can track and confirm your actions in case of any questions or disputes. Submit a report as soon as possible after a health problem is discovered or after treatment to avoid delays in getting through the MMC and getting the appropriate decisions. If complications arise or the refusal to accept the report seems unreasonable, consider consulting with a lawyer.

Lawyer advice during the war regarding the passage of the MMC

Wartime lawyer services  in passing the MMC can be extremely helpful for military personnel or conscripts. Types of legal services:

Lawyer consultation and legal analysis of the situation: A lawyer help can provide detailed information about the rights and obligations of a military serviceman or a conscript during military service, as well as about the procedure and terms. Advises on the necessary medical and administrative documents that need to be prepared for passing the MMC.

Preparation and submission of documents: A military lawyer assists in the preparation of a report on the passing of the MMC, including the formulation of justifications and the collection of necessary documents. 

Representation and protection of rights: A military lawyers online can represent the client's interests during the MMC, providing advice or even directly participating in the process. Helps to ensure that the client's rights are not violated, for example, in the case of wrongful refusal to pass the MMC or violation of procedural norms.

Appealing decisions of the MMC: If the decision of the MMC is unfair or erroneous, a military lawyer online can help prepare an appeal or complaint to higher medical or administrative authorities. Provision of legal assistance in disputes or lawsuits arising from decisions of the MMC. A military attorney may be engaged to mediate between the client and the military or medical authorities in the event of conflict or disagreement.

Conclusion

Legal services during the MMC process can greatly facilitate the process, help avoid legal mistakes and protect individual rights. It is important to contact qualified lawyers with experience in military law and medical matters to get effective help and support.

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