THE PRESENCE OF A DISABILITY CANNOT GUARANTEE EXCLUSION FROM THE ACCOUNT - CONSULTATION OF A LAWYER
According to the current laws, persons with disabilities have the right to opt-out, but the possibility of demobilization due to disability is not provided for. Dismissal from military service for health reasons requires a resolution of the military medical commission.
In this material, we will consider why servicemen with disabilities resulting from injury can be sent to the front again, and what are the conditions for discharge from service due to health.
Not all diagnoses entitling to disability are grounds for ineligibility for military service
Having a disability, a man is not automatically excluded from military registration. Exclusion is possible only based on the results of the conclusion of the Military Medical Commission (MMC), which confirms complete unfitness for service.
Not all diagnoses conferring the status of disabled mean that a person is unfit for military service. Specialists note that VLKs function independently of each other, without influencing the results of the medical and social expert commission (MSEK).
The presence of a disability is not a reason for conscription, and such a person can serve only at his own will, by entering into a contract. No other circumstances can lead to conscription.
Can servicemen with disabilities be sent to the front again?
Male citizens of Ukraine aged 18 to 60 who have a disability of any group, in accordance with the second part of Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization", may be called up for military service contract service during mobilization.
These persons may be accepted for service if the military medical commissions recognize them as unfit for military service due to their health, diseases, injuries (injuries, contusions, mutilations) received during defense of the Motherland, which led to the establishment of disability in accordance with part six of Article 20 of the Law of Ukraine "On Military Duty and Military Service".
At their request, it is possible to continue military service until the end of the contract with the possibility of concluding a new one, but not longer than until reaching the maximum age of service in accordance with the ninth part of Article 23 of the said Law.< /p>
Are persons with disabilities excluded from military registration until May 18, 2024, required to carry a military registration document?
According to clause 79 of the Procedure for the organization and maintenance of military records of conscripts, conscripts and reservists, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 12.30.2022 No. 1487, district (city) territorial recruitment and social support centers are obliged to make appropriate notes on the inclusion, removal and exclusion from military registration in the military registration documents of conscripts, conscripts and reservists.
What does the law say?
Article 26 of the Law of Ukraine "On Military Duty and Military Service" defines the grounds for dismissal from military service, namely:
- by state of health based on the opinion of the military medical commission;
- by age (at the age of 60);
- due to family circumstances (the list is specified in the Law) or other valid reasons, if military personnel do not wish to continue their service;
- due to service inadequacy or deprivation of military rank by disciplinary means;
- in connection with punishments in the form of deprivation of liberty, restriction of liberty or deprivation of military rank.
Questions
Are people with disabilities automatically excluded from military registration?
Answer
No, the presence of disability is not a reason for automatic exclusion from military registration. This requires the opinion of the military medical commission.
Questions
What documents are required for exclusion from registration due to disability?
Answer
In order to be excluded from registration, a conclusion of the military medical commission is required, which confirms complete unfitness for military service.
Questions
Which disability groups can be accepted for military service?
Answer
Citizens with disabilities may be accepted for military service under a contract if the military medical commission deems them fit for service.
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The presence of disability does not guarantee automatic exclusion from military registration, as the decision on unfitness for service is made exclusively by the military medical commission. It is important to understand that disability in itself is not always a reason for exemption from military duties. Therefore, in order to avoid legal misunderstandings and protect your rights, it is recommended to contact qualified lawyers in military law. Specialists will help to correctly prepare documents and obtain the necessary conclusions for deregistration.
