WHAT TO DO IF THEY WANT TO MOBILIZE A PERSON WITH HEALTH PROBLEMS
Before being called up for military service, a man is required to pass the VLK and obtain an opinion on fitness. However, there are cases when doctors find it suitable, despite the declared diseases. This often happens when a potential conscript is brought to the military commissariat on the infamous "busik". In such situations, the efforts of TCC employees are aimed at sending a person to a military unit as soon as possible.
Medical examination of persons obliged to military service
According to the Law "On Military Duty and Military Service", military service is the activity of persons who, due to their health, can perform their duties. Therefore, when recruiting for service, candidates must undergo a medical examination conducted by military medical commissions (MMC). After the review, the commission issues a written opinion, which during mobilization may be about:
- fitness for service;
- ineligibility with deregistration.
The conclusions are based on the Regulation on military medical examination in the Armed Forces, which lists the diseases affecting fitness for service. According to the Law "On Mobilization", a finding of temporary unfitness gives the right to a two-month postponement with re-examination.
Legal status of the mobilized
According to the Law "On Mobilization Training and Mobilization", there are two legal statuses: conscript and military serviceman. A conscript is in the reserve and can be called up, while a serviceman is already doing military service. If a conscript is called up during mobilization, he must undergo a medical examination to determine fitness for service.
An incorrectly conducted examination, due to which the patient is called to the Armed Forces, is a violation of the procedure, but is not a reason for automatic dismissal. Military personnel undergo a medical examination in a different order.
Actions when mobilizing a person with health problems
According to the "Procedure for Mobilization of Citizens" (Cabinet Resolution No. 560), it is necessary to take into account a person's state of health during mobilization. Therefore, it is important to ensure that the draft to the army is carried out without violations of legal procedures. If you have become a victim of illegal mobilization, proceed as follows:
- collect all medical documents that support your diagnosis, such as medical records, test results, etc.;
- write an official statement to the TCC in which you express your dissatisfaction with the decision on mobilization and ask for a second medical examination;
- if the re-examination did not give the expected results, appeal the decision of the VLK in a higher instance or in court. The lawyer recommends that you carefully follow the appeal process and, if necessary, monitor that your issue is considered and resolved.
Current questions - answers
Questions
What documents need to be prepared if they want to mobilize me and I have health problems?
Answer
You should collect all medical documents that support your diagnosis. These can be extracts from the medical history, test results, certificates from doctors and other relevant medical documents.
Questions
What should I do if I receive a summons and I do not consider myself fit for service?
Answer
Write an official statement to the TCC (Territorial Center for Recruitment and Social Support), stating that you do not agree with the decision on mobilization and asking for a second medical examination.
Questions
What to do if the repeated medical examination did not confirm my unfitness for service?
Answer
In this case, you have the right to appeal the decision of the Military Medical Commission (MMC) in a higher instance or in court. It is important to follow the appeals process closely and monitor to ensure that your matter is considered.
Legal support during the mobilization of a person with health problems
Legal support during the mobilization of a person with health problems covers several stages, starting with the assessment of the legal status of the person and the collection of medical documents confirming his condition, including extracts from the medical history and certificates from doctors The next step is to draw up and submit an official application to the Territorial Center for Recruitment and Social Support (TCC) with a request for a repeat medical examination. If the results of the examination do not confirm unfitness for service, the lawyer can assist in appealing the decisions of the Military Medical Commission (MMC) in higher authorities or in court, as well as provide advice on legal issues, accompanying the person at all stages of the process, including court hearings, and support in solving social issues and receiving benefits.
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How to order the services of a lawyer for the protection of the rights of conscripts in Kyiv
- Online order: Fill out the form on our website, specify the required services and get a quick response.
- Telephone consultation: Call us at +380637375800 - our experts are ready to answer all your questions.
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If a person with health problems is attempted to be mobilized, it is important to follow legal procedures to protect their rights. Before being drafted, it is necessary to pass a medical examination at the Military Medical Commission (MMC), which must assess fitness for service. In the case of illegal mobilization, the injured person has the right to appeal, so it is important to collect all medical documents, submit an official application to the Territorial Center for Recruitment and Social Support (TCC) for re-examination, and, if necessary, appeal the decision of the VLC in court. Legal support can be useful in all these stages, and platforms like "Consultant" provide a wide selection of specialists and convenient ways of obtaining consultations.
