Disability and unfitness - which takes priority?

In today's world, not every citizen knows all the nuances of their rights, but the current situation requires it. In this article, we will talk about such an issue as passing the MMC in the presence of a disability group.

Is it necessary to undergo a military medical examination if you have a disability group? 

First, let's define the legal basis of the concept of the disability group and the role of the medical and sanitary expert commission (MSEK). It is a body that determines a person's ability to support himself in everyday life, assesses his social needs and determines whether he needs outside care or assistance.

However, MSEK has nothing to do with assessing a person's suitability for military service. These issues are resolved by another body — the Military Medical Commission (MMC). MMC can be formed at territorial centers of recruitment and social support or work at medical institutions.

Procedure for obtaining a deferral

In order for the issue to be resolved successfully, you need to follow the following algorithm of actions.

1. Receive a credential update notice.
2. Present documents confirming your disability group.
3. Submit an application for deferment from mobilization, referring to paragraph 3 of part 1 of Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization".
4. Wait for a referral for a military medical examination.

Many of the conscripts are worried that if there is a disability group, the MMC may recognize them as fit for service. It is not possible to refuse a medical examination due to the presence of a disability, even a lifelong one. If you have signed a summons or a referral to undergo a MMC, you are required to undergo this examination.

Passing MMC in the presence of a disability group

Since you have a disability group, you cannot refuse to undergo a military medical examination. You need to pass the commission and, based on its results, receive a conclusion of the MMC about suitability, unsuitability or limited suitability for military service.

Despite this, the presence of a disability group gives you the right not to do military service in the future, since the disability is the basis for receiving a deferment. It is important to inform in advance about the presence of a disability and submit an application for a postponement precisely before the time of passing the MMC.

If you do not declare your desire to take advantage of the right to postponement, then the conclusion of the MMC about your suitability can be the basis for military personnel to issue you a mobilization order and send you, for example, to a training center or an assembly point.

Procedure for submitting an application for postponement

Can you be mobilized?

• After you apply for a deferral and provide all the necessary documents (a certificate of the MSEK inspection report and a pension certificate confirming your disability group), you cannot be mobilized. This applies even to those cases when you have already been served with a summons or you have been sent to the MMC
• Thus, regardless of whether you were sent a referral to the MMC for your signature or were served with a summons to pass the MMC, you are required to pass the commission. 
• Don't worry, because you have a legitimate reason to get a deferral. It is only important to inform about it in time before you start passing MMC.

Invitation to consultation

If you are faced with questions related to passing the military medical commission (MMC) or have difficulties with military registration, we offer youprofessional legal assistance. Our lawyers specialize in providing support of a lawyer at military point and are ready to protect your rights and interests in situations related to military service.

In particular, we will help you avoid responsibility for failure to appear before the military commissariat, which may include fines or other sanctions. We would like to remind you that in fine for failure to appear at the military commissariat 2024, so it is better to solve this issue in a timely manner with professional support.

We provide assistance in the following matters:

Advocacy support at the Military Commissariat during any procedures;

Consultations and legal assistance when a summons to the Military Commissariat is received;

Legal support in case you received a summons to the Military Commissariat by phone;

Protection against illegal actions in the case of hiding from the Military Commissariat or in case of problems - complaint to the Military Commissariat;

Accompaniment by a lawyer in TCC and JV to guarantee the protection of your rights.

Our lawyers have extensive experience in interaction with penalty for failure to appear at the military commissariat and know how to act in case of any misunderstandings or conflicts with military commissariat employees. We will help you understand your rights and avoid possible legal problems.

Do not postpone the consultation for later! Contact us now to avoid the risk of fines or other troubles related to issues of military commissions, a fine for failure to appear at military service or other possible sanctions.